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HomeMy WebLinkAbout98-00153 ~ ~\' , , \ 'J I.,' ~: ~i ~ . 3. On or about Septenmer 9, 1996, Double M and Speed Zone, Inc. did enter into a r,ease Agreement, whereby Double M did lease certain premises located at 2400 Gettysburg Road, Lower Allen Township, Cumberland County, Pennsylvania, being a certain warehouse facility to be used by Defendant as an indoor go-cart race track pursuant to the terms and provIsions of said Lease, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. 4. As stated in paragraph 2 of the Lease, the term of the l,ease was to be for a period of ten (10) years, commencing on the date governmental approval is received for said u~led facilities, or on November I, 1996, whichever shall occllr earlier. The said approval was timely received and the Lease did commence on or about November 15, 1996. 5. The Lease Agreement provided for rents of $7,090.70 to be paid each and every month of the initial five (5) years of the term and at an increased rate the remaining five (5) years of the term. The Lease also provided for additional monthly rent including payment of proportionate share of taxes, building casualty and liability insurance and common area maintenance, plus payment of all utilities consumed by Speed Zone, Inc. on the leased premises. 6. The Lease Agreement has not been assigned. 7. Judgment for monetary damages or in ejectment have not been entered in this or any other jurisdiction. e. This judgment is not being entered against a natural person in connection with a Residential Lease but against a corporate Defendant in connection with a Commercial Lease. " 9. Defendant, Speed Zono, Inc., failed to pay the rental due on the 1st day of June, 1997, and the IJease was in default as of July 21, 1997, notice having been given of such default by letter of July 10, 1997 a true and correct copy of which is attached hereto and marked Exhibit "B" and made a part hereof by reference thereto. Thereafter, Defendant Speed Zone, Inc., did fail to timely pay r.ent due for subsequent months and failed to timely pay full reimbursement for taxes, insurance and certain utilities as required by the terms of the IJease. While said Defendant Speed Zone, Inc., did make certain partial payments, the total amount in default for rental and reimbursement of certain taxes, insurance and reimbursement presently stands in excess of Twenty-Eight Thousand Sixty"Five and 09/100 ($28,065.09) Dollars. 10. Notice of said total default was given by Plaintiffs to Defendant Speed Zone, Inc. by regular and certified mail DecenIDer 16, 1997 which was accepted by said Defendant on December 17, 1997. A true and correct copy of said notice with attached signed postal receipt is attached hereto and marked Exhibit "c" and made a part hereof by reference thereto. 11. Defendant Speed Zone, Inc., having made no effort whatsoever in any manner or form to cure said default of Plaintiffs did give to Defendant Speed Zone, Inc., on January 2, 1998 by personal delivery and thereafter by certified mail to be received on January 3, 1998 a Notice of Lessor's intent to recover possession of the leased premises. A true and correct copy of said Notice is attached with attached signed postal receipt and is " EXHIBIT A It ... LEASE AGREEMENT This Lease Agreement made the Cj No day of J'&pr.LWI "'''~ 1996, by and between MARK G. CALDWELL and MARTIN L. GRASS, TRADING AS DOUBLE M DEVELOPMENT COMPANY, of Wormleysburg, PennE'lyl vaniCl, hereinafter referred to as "Lessor" and SPEED ZONE, INC., a Pennsylvania corporation, hereinafter referred to as "Lessee". WITNESSETH I In conE'lideration of the mutual promises hereinafter set forth, the parties do hereby agree to the following: 1. PREMISES. The Lessor does hereby lease unto the Lessee Twenty-four Thousand Three Hundred Eleven (24,311) square feet of , commercial warehouse space located at 2408 Old Gettysburg Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania. 2. TEEM. The term of this Lease shall be for a period of ten (10) years, commencing on the date approval is received for the use of said facilities as herein provided by the Authority of Lower Allen Township, or November 1, 1996, whichever shall occur earlier, and terminating on the last day of the calendar month of ten (10) years thereafter, without further notice unless otherwise amended or extended by the parties by further written agreement. The commencement of this Lease is however specifioally contingent upon Township approval for Lessee's use of the premises as herein provided by November 15, 1996. If such use is not 1 k , approved by that time, this Lease shall be deemed null and void, , whereupon neither party shall owe any further duty or obligati,on to the other, although l,essor may retain all availability deposit(s) as provided hereinafter in Paragraph 37. Lessee shall not be entitled to possession until the "use" contingency is removed and the initial month's rent and security deposit are paid to Lessor. 3. RENTS. The Lessee shall pay to the Lessor as rent for the premises for the first five (5) years of the term at the rate of Three Dollars and fifty cents ($3.50) per square foot, which shall be Eighty-Five Thousand Eighty-Eight Dollars and Fifty Cents ($85,088.50) per annwn annually, payable monthly at the rate of Seven Thousand Ninety Dollars and Seven Cents ($7,090.07) per month, each and every month of the term. For the second five (5) of the term, said rent shall be increased to Three Dollars and {"\ Ninety Cents ($3.90) per square foot, or Ninety-Four Thousand Eight Hundred Twelve Dollars and Nine Cents ($94,812.09) annually, payable monthly at the rate of Seven Thousand Nine Hundred One Dollar and Seven Cents ($7,901.07) per month. Said rent shall be paid without deduction or offset and without prior demand thereof in advance on or before the first day of each and every month during the term of this Lease. It is noted that the initial month's rent shall be paid no later than November 2 ,'\ '" 15, 1996. Any rent not received within ten (10) days from the due date to be subject to Five Percent (5%) late charge, payable on or before the payment due the following month. Said rent is exclusive of other obligations of the Lessee herein provided of taxes, insurance, utilities and common area maintenance costs. In addition, Lessee shall promptly pay, or shall reimburse Lessor, if Lessor elects to pay, all attorney's fees, expenses and court costs incurred in connection with the collection of any delinquent rents and any and all other sums due to Lessor under this Lease. In addition, Lessee shall pay the l,essor upon commencement of the term or on November 15, 1996, whichever shall be appHcable, an additional month's rental to be held as security deposit for the full and timely fulfillment by Lessee of all of its obligations hereunder. Said security deposit shall be remitted to Lessee by Lessor within thirty (30) days after termination of the lease unless charged thereon for any damages occasioned by Lessee in excess of ordinary wear and tear. 4. ADDITIONAL RENT. It is understood by and between the parties that the cost of fire, casualty and liability insurance and common area maintenance are to be paid by Lessee to Lessor as incurred by l,essor in addition to the monthly rental upon commencement of this Lease. Likewise, Lessee shall pay a prorated charge, based also upon rentable space, of all real estate taxes, 3 , , , ; ~ assessments and charges on the land and building as they are incurred by Lessor upon commencement of this Lease. Lessor shall, upon request, provide copies of paid tax receipts, insurance receipts and common area invoices as verification for Lessee's prorata share, which reimbursement shall be made by Lessee no later than twenty (20) days after issuance of Lessor's statement of such additional rent. 5. UTILITY CHARGES. 1,essee shall pay all charges for water, electricity, telephone, sewage disposal, heat and any other utilities used or consumed in the premises pursuant to this Lease by Lessee. If initially billed to 1,essor, Lessor shall promptly provide Lessee copies of said invoices and designate Lessee's prorata share for such costs. 6. LIABrr.rry. INDEMNIFICATION AijD INSURA.MCE. a) Lessee's Indemnity and Insurance. Lessee shall be liable for any damages to the premises Ol' property therein caused by the negl igence of Lessee or Lessee's agents or employees. Lessee hereby indemnifies and agrees to hold Lessor harmless for damages sustained by any person or property and against all claims by third persons for damages arising out or related to Lessee's use of the premises and for all damages and monies paid out by Lessor in settlement of any such claims or judgments, as well as for all attorney's fees and expenses incurred in connection therewith. 4 ,...... during ,b' ,n,ir. ,.rm of ,bi' Lea" and .nY r.n.wal' b.r.of. .ball ".p in full for" and ,ff'" · poli'Y of publi' liaDili'Y and prop,r'y ineuran" ,o",ring ,b' pr..i... and ,b' u.. and op.,a'ion 'b."of. and in"udin9 Le..or and i" .u',...o,. in in"'." a. a naoed b.n.fi,iar<. .i'b li.i" of no' ,." ,ban on' Million Dolla" ($1.000.000.001 ,or ,a,b p".on and rive Millinn nolla" ($5.000.000.001 '0' ..,b .,eid.n' 0' bodilY injury and rive gond,ed ,,"u..nd Dolla" ($500.000.001 '0' p,ope,'Y ....g.. 0' .u,b g""" 1",," a. ",,0' froO ,i" '0 ti.' ..y "a.anablY ,,qUi'" ,...... du,ing ,b' .ntire term 0' fbi. Le'" .nd any r.n...l' bereo'. .ball ,eeP in ,ull 'o"e and eff.n' a poli'Y of in.uran" in an aroone' ad.qUa" '0 ,oV.r 'be '09la,...n' '0'" 0' all i" 'i.,ur.' and i" ,on,.n" ,ba' i. 10" due '0 ....g. "om fi" " o,Mr ,..",,1'Y in .u,b _un' .. ,be ,..... d."rmin" \ , \ A' appropriate. ". 0bQV' ineU,an" pOli,y(i'" .ba" ,.qui" ,M in.u," '0 p,oVid' LO"o' .i,b a' ,e'" ,.n (101 daY' no,i" of a ,bang' in or ,,,,,'la'ion 0' au,b inauran'" "..... .ball d.liV" '0 LO..or inan,an" ,.r'i'i,a'" p,omD"Y af,er ob,aining .... .nd no la'" tban five (51 bU' in'" daY' ait" on,upan'Y of ,be p,omi'" bY LO..e. fu,'be"'" ag"" ,hat i' .ill no' perf 0" any'" .bi,b .ould ,",owin9lY viola" fbe ,,_ " ,nndit'on. of ,ny !JeSsee. s A" infltlrance carried on the premises by Lessee or Lessor, but if advised a violation is occurring, Lessee shall promptly cease and desist from such activities. b) Lessor's Limited Liability and Insurance. Lessor and its agents shall not be liable in damages by abatement of rent or otherwise for any damages to the person or property of Lessee, or for the loss of any property of Lessee by theft or any other cause, or for any injury or damage to any other person or property, or for any loss of or interruption to business, whether Lessee I s or otherwise, unless caused by the negligence of Lessor, its agents, servants or employees. Lessor, during the entire term of this Lease and any renewals hereof, shall keep in full force a,nd effect a poHcy of public liability and property insurance covering Common Areas of the warehouse facility, with limits of not less than Five Hundred Thousand Dollars ($500,000.00) for each person and One Million Dollars ($1,000,000.00) for each accident or bodily injury and Five Hundred Thousand Dollars ($500,000.00) for property damage. Lessor, during the entire term of this Lease and, any renewals hereof, shall keep in full force and effect a policy of fire insurance with extended coverage for the structures of the warehouse, any other improvements to the premises, and other items ordinarily insured by policies of contents insurance. Said fire 6 A insurance shall be in an amount adequate to cover replacement cost, exclusive of foundations. c) Lessor' A l.imited Liabil i ty and Insurance. Lessor, during the entire term of this IJease and any renewals hereof, shall keep in full force and effect a policy of fire insurance with extended coverage for the structures of the warehouse, any other improvements to the premises, and other items ordinarily insured by polici.es of contents insurance. Said fire insurance shall be in an amount adequate to cover replacement cost, exclusive of foundations. (The aforesaid insurances shall be included in the additional rent charges as identified and provided in Paragraph 4. 7. MAINTENANCS AND REPAIR. For the duration of thA term of this Lease and all renewals hereof, Lessee, at its expense, shall make all repairs to the Building, except structural, and shall Il'aintain in good order and repair the interior and exterior of the Building and all other improvements placed in or on the premises, except as otherwise provided herein. It is understood that Lessee's obligations are to essentially maintain the leased premises in the same condition as they existed upon occupancy by Lessee, less ordinary wear and tear, and to be responsible for any damages to the premises caused by any actions or inactions of Lessee, ita servants, agents, employees or business invitees. 8. SUBLETTING AND ASSIGNMENT. Lessee shall not sublet or 7 . assign the premises without Lessor's prior written consent, not to be unreasonably withheld. In determining whether to consent to a request by Lessee to sublease or assign the premises, IJessor may consider any reasonable factor, including without limitation: (a) the financial strength of the proposed sublessee/assignee; (b) the business reputation of the proposed sublessee/assignee; (c) the use to made of the premises by the proposed sublessee/assignee; (d) the extent to which that use would conflict with applicable laws or agreements thereof; and (e) the managerial and operational skills of the proposed sublessee/assignee. Anyone of the above factors, or any other reasonable factor, may provide sufficient ground for denial of Lessee's request. 9. ESTOPPEL STATEMElIT. Within ten (10) days after a request by Lessor, Lessee shall deliver an estoppel certificate to any proposed mortgagee or purchaser, or to Lessor, certifying (if such be the case) that this Lease is in full force and effect and that there are no defense or offsets thereto, or stating those claimed by Lessee. 10. SUBORDINATION. This Lease shall be subject and subordinate at all times to the lien of any mortgages now or hereafter placed by Lessor on the land and buildi,ngs of the premises and/or the shopping center. Lesaee shall execute and deliver to Lessor upon demand an instrument subordinat.ing this 8 'c..."'..,..... ".... - _;/-,., ~":,._,,,".;~,,,.J..", ,~ Lea,se to the lien of any present or future mortgage as may be requested by any mortgagee of the premlses. At the request of any holder of any such mortgage, or the purchaser at any foreclosure sale or at any sale under a power of sale contained in such mortgage, Lessee shall attorn to and recognize such mortgagee or purchaser as the Lessor under this Lease for the balance of the term, including any renewal periods hereof, subj ect to all of the terms of this Lease. Lessee hereby irrevocably appoints Lessor as attorney-in- fact during the term, including any renewals hereof, to execute for and in the name of Lessee any subordination instrmnent that may be required by any mortgagee; provided, however, that if Lessee is not in default of this Lease, its tenancy shall not be disturbed, but shall continue in full f01'ce and effect, and Lessor shall obtain a subordination, nondisturbance and attornment agreement i,n mutually satisfactory form from the holders of the above mortgages. The term "mortgage" includes mortgages, deeds of trust or similar i.nstruments and all modifications, consolidations, extensions, renewals or replacements thereof or substitutes therefor. 11. GOVERNMENTAL REOUIREMENLS,. LeslJee shall comply at Lessee's sole cost and expense with all applicable governmental requirements now or which hereafter may be in force pertaining to 9 its use of the premises, except that Less,ee may defer compliance with and contest same, provided Lessee first shall have given Lessor assurance satisfactory to Lessor against any loss, cost or expense on account thereof. ffily changes required by governmental authorities that are not caused by the act or neglect of Lessee and that are a responsibility of Lessor as set forth in this Lease shall be remedied by Lessor. Lessee shall comply with all applicable rules, orders, regulations or requirements of insurance companies and the Board of 1"ire Underwriters or any similar body. Lessee shall comply with all rules, orders, regulations or requirements of the Board of Health, the Zoning Board, and other municipal authorities, and shall commit no illegal acts in or on the premises. Lessee shall keep the premises free from any nuisance or filth. 12. DESTRUCTION OF ..nm. PREMISES. In the event of damage to or destruction of the premises, Lessee shall be entitled to an offset, reduction or abatement of rent during the period in which the premises shall have been rendered untenantable, in whole or in part, as a result thereof., but Lessor shall be not liable to Lessee for any other type or form of damages whatsoever, both direct or indirect, to include loss of profits. In the event of substantial or total destruction of the premises, Lessor shall 10 attempt. to promptly notify Lessee of its intent to rebuild the premises. If Lessor decides not to rebuild, the Lease shall be terminated at that time without any further duty, right or obligation by, among and between Lessor and L,essee. 13. CONDEMNATION. If the whole of the lealled premises, or such portion thereof as will make the leased premises unsuitable for the purposes leased, as determined by Lessee in its sole reasonable judgment, is condemned for any public use or purpose by any legally constituted authority, then in either of such events this Lease shall terminate on the day when the leased premises shall be so taken, and the rent shall be apportioned as of that date. Such termination shall be without prejudice to the rights of either the Lessor or the Lessee to recover compensation from the condenming aut,hority for any loss or damage caused by such condemnation. Neither the Lessor nor the Lessee shall have any rights in or to any award made to the other by the condemning authority. Lessee assigns to Lessor all rights to damages accruing on account of any taking or condemnation except that Lessee shall be entitled to recover a Rum attributable to the Lessee I s improvements to the premises, which Lessee has the right to remove but elects not to remove. 14. SURRENDER OF THE PREMISES. At the expiration of or sooner termination of this Lease, Lessee shall peaceably surrender the 11 premises in the same condition as they are required hereby to be kept by Lessee excepting normal wear and tear and damage by fire or other casualty. Lessee may remove all of its trade fixtures from the demised premises and shall repair any damage to the premises caused thereby. Lessee may not remove any other alterations, additions or improvements other than trade fixtures, which alterations, additions or improvements shall become the property of the Lessor at the expiration of or termination of this Lease. Lighting fixtures, heating and air conditioning equipment, plumbing and electrical systems and fixtures and floor coverings shall not be deemed to be trade fixtures whether installed by Lessee or by anyone else and shall not be removed from the premises by the Lessee at the termination of this Le~,se. 15. SIGNS. Lessee may, at its expense, erect an advertising sign over the entrance to the premises, providing that such sign shall comply with all local ordinances. All such signs shall be subject to the approval of l,essor, which approval shall not be unreasonably withheld. 16. llS.E.. Lessee shall use and occupy the premises for m~~ '~~~fl purposes of indoor "go-cart" public amusement facility) ;'l<h'~' p , 17. mRCE.._MAJJIDIU:;. If either party shall be delayed or lof?/'1{; hindered in or prevented from the performance of any act required hereunder by reason of war, fire or other casualty, an act of God, 12 strike, lock-out, labor trouble, shortage of materials or equipment or inability to procure same, failure of power, restrictive governmental laws or regulations, riot, insurrection, or other causes beyond the control of the party delayed, then performance of such act shall be excused for the period c,f such delay. This paragraph shall not excuse Lessee from the timely payment of rent or any other chaI'ges required under this Lease. 18. .EA&KING INDOOR GO-CART RACE TRACK. Lessee, its employees, agents and invitees shall have the right j,n common with other tenants of the premises, if any, to use for its intended purpose the existing parking area adj acent to the premises, subj ect to Lessor I s right to establish, modify and enforce reasonable rules and regulations therefor. 19. ~OTICE OF DEFAULT. If Lessee has failed to perfolm or has violated any of the terms, covenants, conditions or agreements contained in this Lease, except the payment of rent, Lessor shall so notify Lessee in writing. Thereupon Lessee shall either correct the matters complained of. in such notice within ten (10) days after delivery of written notice, or if more than such ten (10) days are required to correct with reasonable diligence the matters complained of in such notice, shall commence to correct them within such ten (10) days and pursue such corrective action with reasonable diligence thereafter. 13 20. EVENTS .QF..PEFAtJLT. Each of the following shall constitute an event of default by the Lessee: A. failure of the Lessee to pay rent or any other sums or liabilities for which it is obligated hereunder after ten (10) days written notice of such failure; B. failure of Lessee to observe or perform any of the terms, covenants and conditions of this Lease after ten (10) days written notice and opportunity to cure as set forth in Paragraph 16; c. discontinuance by Lessee of the conduct of its business in the leased premises without l,essor' s consent; D. Lessee's vacating of or desertion of the Leased Premises or permitting the same to be empty or unoccupied, either in whole or in substantial part, or any attempt. to assign this Lease or sublet the same, or grant a concession agreement thereto or otherwise transfer Lessee's interest in this Lease except as otherwise permitted by this Lease; E. Lessee's r~noval, attempt to remove or manifesting an intention to remove its goods or property from or out of the leased premises other than in the ordinary and usual coune of its business without having first paid and satisfied Lessor for all sums which may be due during this Lease; 14 F. failure or omission of Lessee, after notice of default has been given by Lessor to take corrective action within the required time. 21. REMEDIES IN 'rHE .IDlENT. m' LESSEE I S DEFAULT. In the event Lessee defaults as hereinabove provided, in addition to all other rights and remedies available in law or equity or granted elsewhere in this Leass, Lessor shall a+so have the right to do once or more often anyone or more of the following, which remedies shall be cumulative and not exclusive, to wit: A. declare due and payable and sue to recover unpaid rent and all other charges due and payable by Lessee to Lessor including rent for the unexpired term of this l,ease and all costl;l and commissions provided or permitted by law; B. lease all or any part of the leased premises to any other person with or without first altering the same; C. enter an amicable action and confess judgment in ejectment against Lessee with costs and reasonable attorney's fees added, using this Lease or a copy hereof as authority and causing a writ of possession to be issued, Lessee waiving all further rights, errors, defects or omissions. Lessee hereby empowers any attorney of any court of record to appear for it one or more times and to take on its behalf any and all of the actions described in this section including the right to confess judgment in ejectment lS against Lessee for possession of the property with costs and reasonable attorney's fees added. :'.2. PRESERVATImL.QL. LESSOR I S ENFORCEMEN'I.:... RIGHTS. LesBor' s acceptance of rent or any other amount due. or failure to enforce any right under this Lease, shall not waive any other rights that Lessor may have hereunder. A:ny attempt to collect rent or other amounts by one proceeding shall not waive Lessor's right to collect the same by any other proceeding. Lessor reserves the right to apply any payments toward deli.nquent rent. current rent. or any other amounts. 23. BROKER'S FEES. Lessor and Lessee mutually warrant, one to another. other than a commission to Commercial Industrial Realty/Barris Commercial Realty which shall be the responsibility of Lessor, that there are no real estate brokers entitled to a commission as a result of producing this Lease and that neither employed or engaged a real estate broker or agent to effectuate this Lease. Lessor and l,essEle hold each other harmless from any claims made by any real estate brcker for a commission as a result of allegedly effectuating this Lease. 24. LESSOR'S TITLE. Lessor covenants and warrants to Lessee that Lessor has good and ,marketable title to the shopping center, including the premises, and that I,essor's title is subject only to the usual title objections, if any, not capable of interfering with 16 27. RECORDING. This Lease shall not be recorded, but a mutually acceptable short form or memorandum of this Lease may be recorded upon request of either party. 28. SUCCESSORS AND ASSIGNS. This Lease shall be binding upon and shall inure unto the benefit of the parties hereto and their respective legal representatives, heirs, successors and assigns. 29. SUBMISSION NOT AN OPTION. The submission of this document for examination does not constitute an option or offer. This document shall have no binding effect on the parties unless executed by Lessor and Lessee and unless a fully executed copy shall have been delivered to both Lessor and Lessee. 30. EXONERATION OF INDIVIDUALS. For satisfaction of any available remedy in connection with this Lease, Lessee shall look solely to the equity of Lessor in the warehouse facility and the rents and profits derived by Lessor therefrom. 31. SEVERABII,ITY. In the event that one or more provisions of this Lease shall be found to be unenforceable by law or in equity, the remainder of this Lease shall not be affected and shall remain in full force and effect. 32. WAIVER OF NOTICE. Lessee hereby waives all rights to legal notice wherever provided by statute or common law and agrees that ten (10) days prior written notice by certified mail of any 18 proceedings to recover possession in the event of default at any time shall be sufficient. 33. LESSOR'S REPRESENTATIONS. Lessor represents and warrants to Lessee that all of the mechanical components of the premises, including, without limitation, all plumbing, electrical, sprinkler, fire and life safety and HVAC systems, are in good working order as of this date. Lessor has received no notices of any environmental violations at or affecting the premises, and Lessor is not aware of any facts which, if disclosed to the Pennsylvania B.P.A., the Federal E.P.A. or any other governmental agency or instrumentality would result in any penal or remedial action by such agency cr instrumentality. 34. INSPECTION. Lessor and Lessee shall conduct a joint inspection of the leased premises prior to the commencement of the Lease. Lessor shall be responsible only for those repairs and maintenance items which arise after the date of such inspection. Upon termination of the Lease, Lessor and Lessee shall conduct another joint inspection of the leased premises and Lessee shall be responsible only for those items of maintenance or repair which are identified during the inspection and which were not identified during the inspection at the commencement of the Lease. During the term of this Lease, upon reasonable notice during regular business hours, Lessor may inspect the premises. 19 . , ' 35. DEFAUl{I' BY LESSOR. In the event Lessor shall fail to observe and fully perform any obligation on the part of Lessor under this Lease and the same shall continue for a period of thirty (30) days after written notice to Lessor from Lessee specifying the default by Lessor, Lessee may perform such obligations of Toessor and make demand of Lessor for all costs and expenses incurred. 36. OUIET~QYMENT. Lessor agrees that Lessee shall, and may peacefully have, hold and enjoy the leased premises, subject to the other tel~S hereof, provided that Lessee pays the rental and other sums herein recited to be paid by Lessee in a timely manner and performs all of Lessee's covenants and agreements herein contained. Lessor, however, may label the premises for rent or sale at any time during the term hereof, subject to the Lessee's rights hereunder. 37. AVAILABILITY DEPOSIT. In consideration of Lessor entering into this Lease Agreement at this time while rent is not to commence for up to several months in the future, Lessee shall pay the Lessor, upon execution of this lease, the sum of Two Thousand Dollars ($2,000.00), which shall not be credited to rent and which shall not be refundable under any circum~t?,~if~tis sum shall the subject premises until NOVemb~,1, l~~t~' This period "hold" may be extended to November 15, 1996, by the payment of an additional Two Thousand Dollars ($2,000.00) on or before November 20 I!lJ(hlblt B ElChlbM 0 DEO-16-97 rUE 12:33 PM OAL9HELL DEVELOPMENT , _f \ FAX NO, 717 731 0979 (IIW#--" P,02 Speed Zone Rent Regelvabhl 111-0ee-97 Letter dated August 15, 1997 RENT CAM CHARGES June $7,090.07 July $7,090.07 Mil lLDiD..l!1 $21,270.21 $7,028.13 lu.. ,08105197 payment ($5,000.00) " 08112/97 payment ($3,000.00) :! 09103/97 payment ($5,000.00) 09119197 payment (ltOOO.OO) $3,270,21 . Sept rent $7,090.07 '...f Oct rent $7,090.07 \ " t0f27/97 payment ($7,090.07) Nov rent $7,090.07 11118/97 payment ($3,000.00) 11124/97 peymenl ($3,000.00) $11,450.35 l: 12101197 rent S7.090m A.TOTAL RENT DUe $18,540,42 CAM Charg,,: JuI-97 lnv 97198 $13ue Aug-97 lov 97228 $510.84 AIIg.97 iov 97245 . $1,021,05 Sap-07 Inv 97271 $1<45.<17 Oot-97 Inv 97299 $209.02 , Nov.97 Inv 97314 1468.00 8, TOTAL CAM CHARGES DUE $ll,$24.e7 .' ::< GRAND TOTAL (A + B) $211,065.01 ", NQle: F/gU(.,.ln br1lclletw reptetel1l peyments wl1IQh htve been apPlied wlent only, A"-1IA(f',''''1 ..,,)llj.li''!'; 11", 1I.,.-.l'"II' (~ I' , Elchlblt D . MARX G. CALDWELL, and MARTIN L.I GRASS, tla DOUBLR M DRVRLOPMBNTI COMPliNY, I Plaintiffs I I I I V. I I SPBRD ZONR, INC. I Defendant I IN TlJR COURT or COMMON PLRAS CUMBERLAND COUNTY, PENNSYLVANIA 9~ - l{3 (~ti/ d1f1t NO. '-nff- CIVIL ACTION . LAW CONFESSION or JUDGMENT rOR POSSESSION or REAL PROPERTY HOrICE UNDER RULE 2~.3 OF JUDGME~ EXECUTION THEREON TO: SPEED ZONE, INC. A judgment for possession of real property and at torney I s fees of $750.00 plus cost has been entered against you and in favor of the plaintiff without prior notice and hearing based on a confession of judgment contained in a Lease or other document allegedly executed by you. The court has issued and the sheriff has served a writ of possession which directs the sheriff to remove you from the possessioll of the real property. You may have legal rights to defeat the judgment or to prevent your being removed from the property or to regain possession of the property if you have been removed, if you did not voluntarily, intelligently and knowing give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT AND TO REGAXN POSSESSION M11ST BE FILED WITHIN THIR'fY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGH'I'S. If you have been removed from the property without notice or the opportunity for a hearing, you have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the request for hearing which accompanies the writ of possession and deliver it to the Sheriff of Cumberland County at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013.