printer-friendly

Sample Business Contracts

Arizona-Mesa-4840 East Jasmine Street Landlord's Consent - McKellips Corporate Square and YP.Net Inc.

Sponsored Links

                               LANDLORD'S CONSENT


     This Landlord's Consent is made and entered into in Mesa, Arizona, this day
of  March  7th  2000,  by  and  between  Arthur  G. Grandlich, doing business as
MoKellips  Corporate  Square  (landlord") and YP.Net, Inc., a Nevada corporation
("Tenant").

                                    RECITALS

     A.     Landlord  and  Tenant  entered  into  a  written Standard Industrial
Commercial Multi-Tenant Lease, dated June 1, 1998 (LEASE") by the terms of which
Landlord rented to tenant approximately 16,772 square feet (leased Premises") as
part  of the total rental square feet located at the industrial project known as
McKellips  Corporate  Square  at  4840 East Jasmine Street, Mesa, Arizona, 85205
("Project").

     B.     Landlord  was  advised  by  Tenant that Business Executive Services,
Inc.,  a  Nevada corporation, (the "Subtenant") had agreed to rent approximately
one-half  (50%)  of  the  Leased Premises, as described in Exhibit 'A" attached,
until  June 30,2003 subject to Landlord's approval ("Subtenant's Premises"), and
thereupon  Tenant  submitted  plans  for improvement of the space intended to be
leased  to  the  Subtenant,  and  received Landlord's tentative approval pending
submission  to  Landlord  of  a  written  Sublease  Agreement between Tenant and
Subtenant,  which  was  subsequently  executed  and  dated  October  1,1999, and
thereafter  submitted  to  Landlord.  A  true  copy of the Sublease Agreement is
attached  as  Exhibit  "B".

     C.     Upon  completion  of  the  tenant's  improvement for the Subtenant's
Premises,  the  Subtenant took occupancy of the Subtenant's Premises, and Tenant
now  seeks  formal approval of Landlord to the foregoing actions taken by Tenant
and  Subtenant,  and  to  the  Sublease  Agreement executed by them. Exhibit "C"
attached  represents  the  complete  improvements  to  the Subtenant's premises.

     Now  therefore  in  consideration of the mutual promises of the parties and
other  valuable  consideration  the  parties  hereto  agree  as  follows:

     1.     RECITALS.  All  of  the  Recitals  are deemed to be accurate and are
     ---------------
hereby  Incorporated  into  this  Agreement.

     2.     Consent  and  Effective  Date.  Landlord  does hereby consent to the
     ------------------------------------
Sublease of the Subtenant's Premises pursuant to the terms and conditions of the
Sublease Agreement dated October 1,1999, subject however to all of the terms and
conditions  set  forth  in  this  Landlord's  Consent.


<PAGE>
     3.     Tenant's  Liability  for  improvements  and  Payment of Rent. At all
     -------------------------------------------------------------------
times Tenant shall remain liable for payment of all rent, and all other payments
that  may  be  or become due and payable to Landlord pursuant to said Lease, and
for  the  performance  of all other actions undertaken to be performed by Tenant
under  said  Lease  respecting  the  use  and  occupancy of the Leased Premises.
Nothing in the Consent shall be held or construed to release the Tenant from any
liability  whatsoever  under  the Lease or from Tenant's covenants agreements or
obligations under the Lease. Any termination of the Lease, or of any of Tenant's
rights  to  possession  under  the  Lease,  shall  likewise terminate all of the
Subtenant's  rights  to  possession of the Subtenant's Premises. Tenant shall be
responsible  and  liable  for any and all improvements of Leased and Subtenant's
Premises  as  may  by  required  by  City,  State  or  County  codes.

     4.     Subtenant's  Liability  For  And Payment of Rent. Subtenant shall at
     -------------------------------------------------------
all  times  be  responsible  for the performance of all actions undertaken to be
performed  by  Subtenant  with  respect  to  the use and occupancy of the Leased
Premises as set forth in the Lease, but in no event shall Subtenant be or become
responsible  or  liable for the payment of Tenant's rent for the Lease premises.
In  all  events  Subtenant  shall  make  all  of  its  rental  payments  for the
Subtenant's  Premises  directly  to  the  Tenant.

     5.     Subordination  of  Sublease.  At all times the Sublease entered into
     ----------------------------------
between  Tenant  and  Subtenant  shall  be  and  remain subordinate to the Lease
between Landlord and Tenant, and in no way shall Landlord be bound by any of the
terms and conditions of the Sublease. In the event that Tenant shall fail to pay
the  rent  for the Lease Premises, the Landlord may take all action provided for
in  the Lease pertaining to defaults by Tenant irrespective of whether Subtenant
has  paid  its  rental payments under the Sublease Agreement In this connection,
Subtenant  shall have the right but not the obligation to cure Tenant's defaults
by  making the Tenant's rental payments directly to Landlord, or by taking other
actions  to  cure  Tenant's  default,  in  order  to  maintain the Lease in good
standing.

     6.     Effective Date. Landlord agrees that this Consent may relate back to
     ---------------------
October  1,  1999,  the date on which Tenant and Subtenant signed their Sublease
Agreement,  but  nothing  in  this  Consent  shall  be  deemed to be a waiver of
Landlord's  rights  to reject future assignments by Tenant. Tenant agrees to pay
Landlord  reasonable  attorney's  fees.

     This  Consent  was  executed  on  the  day  and year first above mentioned.


TENANT:                                    LANDLORD:
Yp.Net, Inc., a Nevada Corporation         Arthur  G.  Grandlich
                                           D.b.a.  McKellips  Corporate  Square


By  /s/  Greg  Crane                        /s/  Arthur  G.  Grandlich
  ------------------------------------    --------------------------------------
   Greg Crane, Director of Operations      Arthur  G.  Grandlich


<PAGE>



                                    EXHIBIT A



<PAGE>


                                 GRAPHIC OMITTED



<PAGE>



                                    EXHIBIT  B



<PAGE>
                               SUBLEASE AGREEMENT


     1.   PARTIES.
          -------

          This  Sublease Agreement ("Sublease") is made, entered into and deemed
to  be  effective  this  first  day  of  October,  1999,  by  and  between
RIGL-CORPORATION,  a  Nevada  corporation  ("Sublessor") and BUSINESS EXECUTIVES
SERVICES,  INC.,  a  Nevada  corporation  ("Sublessee").

     2.   LEASE.
          -----

          Sublessor is the Lessee under a written Standard Industrial/Commercial
Multi-Tenant Lease dated June 1, 1998 (the 'Lease") whereby Art Grandlich d.b.a.
McKellips  Corporate  Square,  ('Lessor")  leased to Sublessor the real property
located  in the City of Mesa, County of Marlcopa, State of Arizona, described as
Suite  106, 4840 East Jasmine ('Master Premises").  The Lease is attached hereto
as  Exhibit  A"  and  by  this  reference  made  a  part  hereof.

     3.   PREMISES.
          --------

          Sublessor  hereby  subleases  to  Sublessee that portion of the Master
Premises  as  described  in  Exhibit  'B" attached hereto (the 'Premises").  The
Sublessee  accepts  the  Premises  and  agrees  to  be  bound  by  the terms and
conditions of the Lease as it pertains to the use and occupancy of the Premises,
but  not  as  to  the  payment  of  rent  or other moneys required to be paid by
Sublessor.

     4.   WARRANTY  BY  SUBLESSOR.
          -----------------------

          Sublessor  warrants and represents to Sublessee that the Lease has not
been amended or modified except as expressly set forth herein, that Sublessor is
not now and as of the commencement of the Term hereof will not be, in default or
breach  of  any  of  the  provisions  of  the  Lease,  and that Sublessor has no
knowledge  of  any claim by Lessor that Sublessor Is in default or breach of any
of  the  provisions  of  the  Lease.

     5   TERM.
         -----

          a)     The Term of this Sublease shall commence on October 08, 1999 or
date  of available occupancy whichever comes later ('Commencement Date") subject
to terms and conditioned upon receipt of Lessor's written consent within 30 days
from  the date of this Agreement, Sublessor shall forthwith submit this Sublease
to the Lessor for consent, and will use its best efforts in good faith to obtain
such  consent  and  will  deliver to Sublessee a signed copy of Lessor's written
consent.


                                                                               2
<PAGE>
          b)     if  Sublessor  does  not deliver possession to the Sublessee on
the  Commencement  Date  due  to failure of Lessor to render Its consent to this
Sublease,  the Sublessor shall not be subject to any liability for such failure,
the Termination Date shall not be extended by the delay, and the validity of the
Sublease  shall  not  be  impaired,  but  rent  shall  abate  until  delivery of
possession.

          c)     If  Sublessor  fails  to deliver possession to Sublessee due to
Lessor's  failure  to consent to this Sublease on or before such effective date,
this Sublease shall be canceled, in which case all consideration previously paid
by  Sublessee  to  Sublessor  on  account  of this Sublease shall be returned to
Sublessee,  this Sublease shall thereafter be of no further force or effect, and
Sublessor  shall  have  no  liability  to  Sublessee on account of such delay or
cancellation.

          d)     If  Sublessor permits Sublessee to take possession prior to the
Commencement  Date, such early possession shall not advance the Termination Date
and  shall  be  subject  to  the provisions of this Sublease, including, without
limitation,  the  payment  of  rent

     6.   RENT.
          ----

          Minimum  Rent.  Sublessee  shall  pay  to Sublessor as rent the sum of
          -------------
$1.00  per  year for the entire Term of this Sublease without deduction, setoff,
notice,  or  demand,  at  RIGL  Corporation,  4840 E.  Jasmine, Suite 106, Mesa,
Arizona  86205, or at such other place as Sublessor shall designate form time to
time  by  notice  to Sublessee.  Sublessee shall also pay and be responsible for
Its pro rata share (based on square feet of occupancy) of Sublessor's" operating
expenses,  including utilities and common area expenses, but shall not be liable
for  payment  of  Sublessor's  rent  obligations.

     7.   SECURITY  DEPOSIT.
          -----------------

          Sublessee  shall  not  be  required  to  deposit  a  security deposit.

     8.   USE  OF  PREMISES.
          -----------------

          The  Premises  shall  be  used  and  occupied only for business office
purposes  and  for  no  other  use  or  purpose.

     9.   ASSIGNMENT  OF  SUBLETTING.
          --------------------------

          Sublessee  shall  have the right to assign this Sublease or sublet all
or any part of the premises without the prior written consent of Sublessor (with
the  consent  of  Lessor,  if  such  is  required under the terms of the Lease).


<PAGE>
     10.   OTHER  PROVISIONS  OF  SUBLEASE.
           --------------------------------

          All  applicable terms and conditions of the Lease, Exhibit IA,' except
for the payment of Sublessor's rent or other payment to Lessor, are incorporated
into  and  made  a  part  of  this  Sublease  as  if  Sublessor  were the lessor
thereunder,  and  Sublessee  the  lessee thereunder, and the Premises the Master
Premises;  provided  however,  that  nothing in this Sublease shall be deemed to
create  a partnership or Joint Venture between Sublessor and Sublessee not shall
Sublessee  be  deemed  to guarantee the performance by Sublessor of any terms or
provisions  of  the  Lease.

     11.   ATTORNEY'S  FEES.
           ----------------

          If  Sublessor  or  Broker  shall  commence an action against the other
arising  out  of or in connection with this Sublease, the prevailing party shall
be  entitled  to  recover  its  costs  of  suit  and reasonable attorney's fees.

      12.   AGENCY  DISCLOSURE.
            ------------------

          Sub  lessor  and  Sublessee  each warrant that they have dealt with no
real  estate  broker  in  connection  with  this  Sublease.

     13.   NOTICES.
           -------

          All  notices  and demands which may or are to be required or permitted
to  be  given  by either party on the other hereunder shall be in writing and be
sent  by  United  States  Mail,  postage  prepaid, addressed to the Sublessor or
Sublessee  as  may  be  applicable at the address herein below, or to such other
place  as  either  party  may  from  time to time designate in a written notice.


     To  Sublessor:           RIGL  Corporation
                              4840  E.  Jasmine,  Suite  106
                              Mesa,  Arizona  85206
                              Attention:  William  D.  O'Neal,  Esq.

     To  Sublessee:           Business  Executive  Services,  Inc.
                              4840  E.  Jasmine,  Suite  111
                              Mesa,  Arizona  85205
                              Attention:  Greg  Crane  -  Agent

     With  a  Copy  to:       Burton  M.  Bentley,  Esq.
                              7878  N.  l6th  Street,  Suite  110
                              Phoenix,  Arizona  85020

                                                                              3
<PAGE>


     14.   COMPLIANCE.
           ----------

          The  parties hereto agree to comply with all applicable federal, state
and  local laws, regulations, codes, ordinances and administrative orders having
jurisdiction over the parties, property or the subject matter of this Agreement,
including,  but  not  limited  to,  the 1964 Civil Rights Act and all amendments
thereto,  the  Foreign  Investment  in  Real Property Tax Act, the Comprehensive
Environmental  Response  Compensation  and Liability Act, and The Americans With
Disabilities  Act.

DATED:  10/1  , 1999
       -------

                                  SUBLESSOR:

                                  RIGL Corporation, a Nevada corporation

                                  By:  /s/  Kevin L. Jones
                                     ------------------------------------
                                            Kevin L. Jones, President


                                  SUBLESSEE

                                  Business  Executive  Services,  Inc.,  a
                                  Nevada  corporation

                                  By:  /s/  Mike Bloomquist
                                     ------------------------------------
                                  Its: Pres
                                      -----------------------------------
                                           Mike Bloomquist


                                                                               4
<PAGE>




                                    GRAPHIC OMITED




<PAGE>
                                        EXHIBIT  C