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r LrASF A,r7:rEiwT ' $6-: 106148
<br />I. PARTIES. THIS LEASE Ar.RrrmENT is between
<br />Robert W. 5 Mary E. Rupp - 1925 W. 11th Avenue Grand Island, t'ehraska 68gnl
<br />.' herein referred to as LESSOR, and WYMODAK, I.Y., a Florida corporation, herein referred
<br />to as LESSEE.
<br />k .
<br />2. PRIMISFS. L£SFOTZ hereby leases to I.F,SSFE and LESSI'E leases from LFSSnR, for
<br />the 'term and upon the terms and conditions hereinafter set forth, the premises de-
<br />scribed in Schedule A and shown on the plot plan which is Schedule R, both of which
<br />schedules have been initialed by the parties and are attached hereto and made a part
<br />hereof, together with the building and other improvements to be constructed thereon
<br />as hereinafter provided, and together with the right to use all adjoining parking
<br />areas, driveways, side - talks, roads, alleys and means of Ingress and egress, insofar
<br />as LESSOR has the Flower to lease or license the usr thereof. (if Schedule R conflicts
<br />with any revised plot plan as hereinafter provi -led, the revised -lot plan shall certrnl.)
<br />3. CONSTRUCTIOIT. LFSSnR agrees at LESSOR'S expense to construct on the leased
<br />pr -mises a building and other irprover.ents in accordance crith Flans and grecification
<br />approved by LESSFF. !FFSC-A acknowledges receipt of Set. `lo.jl- 7b .26v3 of I.ESSFF'S
<br />standard plans and Set "o. 2,1 3o-V of LFSSFF'S standard specifications. The parties
<br />agree promptly to obta'_n an architect's plot plan and, if any revision or LESSFF'S
<br />standard plans and specifira *.ions is necessary, to obtain revised plans and spe-irica-
<br />tions, the plot plan and any revision of the plans and specifications to be approved
<br />by LESSEE and the cost thereof to be raid by LESSOR. LFSSEF'S approval shall be
<br />evidenced by the signature of LFSSF,E'S ac,rhorized representative on the plot plan
<br />and on the top sheet of each set of plans and srenificatiors. ':.FF501Z agrees on or
<br />bef re 15 , 19 79, to cenplete construction of the building -end other imprave-
<br />ine s str ct cordnrce with the plot plan and plans and specifications as approved
<br />lip u If without the ,rrior written consent of LFSSEF to extend the time for con-
<br />struction, which consent LFSSFF. -.hall not crnreasor_able withl:cld, ?,romp sh. -4ll fail to
<br />complete the construct!" on or before the ar.reed Fate, T.FSSFF msv erfnrre specific
<br />performance of LESSOR'S covenants and agreements or nav pursue any other available
<br />legal or enuitable remedy_. Tf LFSSnE for any reason whatever sh.>.1l fail to cmm"lere
<br />the construction, before Url�v 15 10 7P , TESSPE Fhall have option rr,
<br />tern -Inate this lease. 'W
<br />L. TFR!M. The primary term of this lease shall cormenre on the first day of the
<br />first calendar month following (1) 15 days after the acceptance by L.FSSFF'F architect
<br />of the building and other improvements to be constructed on the demised premises, or
<br />(2) the date the LESSEE or its assigns shall first he open for basir.es- to the rtvblic,
<br />whichever event first occurs; and shall continne for a period of 15 years 0-ere-
<br />after, unless sooner terminated or ext^^aed as ?ereafter provided. Should such cl-ent
<br />occur on other then the first day of _ ralen -zr nar,`h, LESSrr agree- to rap
<br />proportionate part of the monthly rental here'n provided for that mo ^.ti, c^lv. TFSSFF
<br />stall have and is hereby granted a total of 3 sc:ccessive ortior.., to extend
<br />the term of this lease for ana period of time not exceeding 5 years for Hach
<br />such option upon the same covenants and conditions as herein rroyidec. if Trccc-r
<br />shall elect to exercise one or more of such c -tions it shall ea ao T-', giving LFScnR
<br />written notice at least 90 days prior to the expiration of the rri^ary term or rf the
<br />t'aen current extension, and in such notice LFFcF" shall scat_ the date to whir': it
<br />elects to extend the term.
<br />5. PENT. LESSEE agrees to pay to LESSOR or his designee a minimum rental of
<br />ONE THOUSANM FITTEEl7 AND no 1100 DOLLARS (S 1,015.00 )
<br />per month for each and every month during the terri of this lease, such monthly rental
<br />to be paid in advance on or before the fifth day of each month (unless such rental
<br />shall be abated or diminished as provided hereinafter). Vot later than 45 days after
<br />the end of each calendar year, LESSEE; 'shall furnish LFSFOI? a statement shou-ing the
<br />gross Pales (computed as hereinafter provided) made in the store on the leased premises
<br />during srch calendar year. At the time such statement is furnished LESSEE agrees to
<br />pay to LESSOR, as additional rent due-hereunder, an amount of honey equal to
<br />ttao per'cent ( 2 7) of such sales, less the total of the monthly
<br />rentals: paid during the preceding calendar year and less the amounts paid by T.FSSFF.
<br />far real property tames -and for insurance on the leased premises during such year.
<br />In computing sales for the purposes of this provision, LESSEE shall take the total
<br />aue mt of�all sales of every kind made in-its store on the leased premises, excluding
<br />gas sales an4 deduct " "tberefrom the following to the extent that same are inr'.ujer.
<br />In such total, ;aunt: �1) refunds made to customers, (2) sales, excise and gross
<br />receipts taxes, and (3) oproceeds from,aleh.of money orders (fees recei cd for
<br />isnuance of money orders shall not be I deducted). Such rental patiments na• ' -e r_ii,
<br />by check-and sent to LESSOR by ordinary first class mail.
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