van cleef lease holmquist lotentered into thist day of
between DOROTHY B. LI'1milmdo, of
ted as the Lessor and EARL VAN
Ina, Kansas, herehafter desig.
wlTNIWaRTHE
In consideration of the
sor
reserved andethescovenants and agreements hereintexxppres edper ontthe
Part of the Lessee, has demised and leased and by these presents
does demise and lease unto Lessee the following described premises
situated in the City of Salina, Saline County, Kansas, to ants
Lots One Hundred and Ten (110), One Wired
and Twelve (112), One Hundred and Fourteen
(114) and One Hundred and Sixteen (13.6) on
Third Street, and bots Gine Hundred and Wine
(109), One Hundred and Eleven (121), one
Hundred and Thirteen (113), One Hundred and
Fifteen (115) and One Hurdred and Seventeen
(117) on Fourth Street el2.in the City of
Salina, Kansas, more commonly known as
Stella Park$
for a term of ten (10) years beginning on the 1st day of February,
1953 and ending on the 31st day of ,January, 19639 upon the follow-
ing Zerms and agreements, as conditions thereof.
2. CBF OF PREMISES. The Lessor does hereby rent the
said premises unto the Lessee for the principal purpose of main-
twining and operating a public parking lot thereon and the Lessee
agrees to use the premises for the principal purpose of maintain-
ing and operating a public parking lot; the Lessee shall also have
the right to use said premises to perform such .incidental services
In connection with such parking lot, such as retail sale of pe-
troleum products, ear mash and lubrication. and other services
Generally associated with a service station.
2. PJWTAL. In consideration of the letting of the said
premises, said Lessee for himself, his assigns and legal repre.
sentatives covenants to and with the Lessor, her heirs and assigns
to pay the following rentals#
(A) FIXED AFNT4L. The`fized rental shall be Two
hundred Dollars ($200.00) per month during the first five•(5)
years of this lease subject, however, to the.special provisions
made in Section 2. IC) of this lease; after the first.five (5)
Years of this lease, the fined rental shall be subject to adjust-
ment as provided in Section 2. (D) of this lease`.
(B) COMMISSIONS. The Lessee shall pay to the Lessor a
commission of one cent (.O1) per gallon on all gas sold on the
premises which is In excess of two thousand (29000) gallons per
month.
(C) FIXED R0TAL DURING CONSTRUCTION PERIOD. The fixed.
rental provided for in section a. (A) above shall commence on the
int day of Ntay, 19530 or whenever the Lessee shall commence the
actual business operations on the said premises, which ever is the
earlier of said dates. During this construction period the fixed
rental shall be Party Dollars ($40.00),per month.
.2-
(D) ADSUSTMERT OF TRENTAL, At the expiration of the
first five (5) years of this lease, the fixed rental to be paid by
the Lessee to the Lessor shall be sddjusted each and every year
thereafter by mutual agreement between the Lessor and the Lessee
so as to adjust the rental to the then existing conditions. In
making said rental adjustments$ the prevailing prices and rates
for the following items shall be taken into considerations Real
estate taxes upon the premises; current interest returns on Invest-
ments; parking fees; prices of trashing and lubrication of automo-
biles; and other related services. The above index as to the
prices of seriiaes shall -be determined by the customary prices
prevailing in legitimate service stations in Salinas Kansas,
thirty (30) days prior to the close of any said year,
In the event the fixed rental cannot be satisfactorily
agreed upon by the Lessor and Loosest then the said rental shall
be fixed by a Hoard of Arbitrators$ three (3) in number, one (1)
to be named by each of the parties hereto and the third Ord) to
be selected by the two (2) so named by the parties hereto said the
award of any two (2) of said arbitrators shall be final and con-
clusive on the parties hereto.
(B) PAYARDT OF RSldTALS, The payment of the fixed
rental mentioned in Section 2. (A) shall be payable monthly in
advance to the Lessor or to the credit of the Lessor at the Smolan
Mate Bank) Smolan$ Kansas*
.The payment of the oomissiona ment<ioned in Section :2,
(H) shell be payable within ten (10) days after the end of each
month to the Lessor or to the credit of the Lessor at the Smolan
State Bank$ Smolan, Kansas.
3. RFAMWAL OF LFASS.. The Lessee shall have, the options
at the expiration of the terns of this lease to renew this lease
agreement for an additional term of tern (10) years, In the event
the Lessee exercises his option to renew this lease agreement$ the
said rentals shall be determined as provided for in Section 2, (D)
of this agreement.
4. IMPROVWMTS upon PRwam* The Lessee shall have
the right to make at his awn expense such alterations and improve-
ments and to erect such buildings upon the premises as be may find
necessary and beneficial to him in the operation of a publics park-
ing lent upon the premises, upon any termination of this lease or
any renewal thereof without fault.or default upon the part of tDe
Lessee but not otherwise$ the Lessee may remove all furniture and
fixtures and buildings installed by him on the demised premises$
provided$ however$ that he must totally.restore,the premises to
the same condition as they were previous to- the instal101,100 Of
such buildings and improvements.
The buildings and improvements aasde on the premises
during the term of this lease shall be considered personalty and
not as a part of the realty and Lessee shall have the absolute
right to obligate the some as security for loans,
§, OPTION TO tFURCUSA, In the event- or the cera-
tomplated sale of said premises during the term of this leases the
Lessor agrees to give the Lessee a notice in writing at least ton
(10) days before the contemplated solo$ of the substance of the
terms on which it is propoaed�td be made$ the .notice shall be by
registered mail delivered to the Lessee at the premises; and there-
.3 -
upon within ten (10) days from the date of Mailing said notice the
Lessee shall have the right to purchase said premises upon the
terms and conditions proposed and on the failure of the tenant to
exercise said option within the time aforesaid, the option hereby
granted to the tenant shall be and stands cancelled+
In the event the Lessee exercises his optica to purchase
said premisesp the said Lessor agrees to pay the George Kaufman
Company, its successors or assigns$ the prevailing real estate
commission as set up by the saline"deal Estate Board:.
6, INSDRANCE. Lessee hereby agrees to keep and save
harmless Lessor from any suit or claim for demand or injury
sustained upon said premises or upon the sidewalk or street
adjacent to the same by any person from any cause whatsoever
during the term of this lease and to carry adequate indemnity
Insurance as against the said liability.
q. TAXES, The Lessor agrees to pay the real estate
taxes levied against the said premises. The Lessee agrees to pay
all taxes which are levied against the improvese nts upon the
premises and the personal property° situated thereon,
8. ASSlWi TS. This lease cannot be assigned without
the written consent of the Lessor but such consent shall not bs
withheld for any captious reasons but shall be givers in the event
the assignee presented shell be a proper and fit person or a
corporation with financial resources of such amount to render the
Lessor safe in so consenting. Any assignment made shall not
remove the necessity of getting the consent of Lessor to any other
assignments.
9. RE-ENTRY FM BRWH OF COVERAIM Lessee hereby
agrees that if the rentals be not paid within thirty (30) days
after the same become due and payable hereunder or if default be
made in the performance of any of the other covenants on his part
herein contained and shall continue for thirty (30) days after
written notice thereof has been given the Lessee by the Lessors
such default or breach shell in the option of the Lessor work a
termination of this lease to the same extent as if the term hereof
had expired by efflux of time and it shall then be lawful for the
Lessor or his agent to re-enter the premises and to repossess him-
self of said premises as of its original state.
100 GENERAL RVOIREMMS. The following conditions are
hereby made a part of this lease$
(A) Lessee agrees to observe and comply with all rules$
regulations and laws now in effect or which may be enacted during
the continuation of this lease by any municipal, county or state ®r
federal authority having jurisdiction over the promisee.
(H) The Lessor agrees to pay to the Qeorgs Kaufman
Compenyq their successors or assigns an annual lease commission of
two and one-half percent (a 1<2%) of the annual fixed rental{ the
said lease eommission shall be payable annually on or before the
15th day following the close of the lease year.
(C) The Lessor shall have the right to audit the books
of the Lesa#9e at any reasonable time ec as to determine the
quantity of gasoline sold upon the premises.
_4_
All the covenants, agreements, conditions and under.
takings herein contained shall extend to and be binding upon the
representatives, heirs, executors administrators and assigns of
the respective parties hereto as If they were in all eases named
and all of said covenants shall be considered as covenants running
with the land.
in WITRE3S WHERSOV, we have hereunto set our hands at
Salina, Kansas, the day and year first above written.
Washing car
Lubrication
Vacuum
Fire repair
Polishing
Service calls
Parking
Taxes
Assessed Valuation
BCUDULE OF CHARGUS
May 1953
(,ailing
x:1.50
1.25
1.50
+00
15.00-18.00
2.50-5.00
:'3,350.00, rate 45.64
Our Price
01.25
1.00
1.00
.75-;52.00
12.00
.50-3.00
159 for 4 hours
25¢ per day
64.00 per month
1'188.94