This Lease Agreement (this "Lease") is dated August 01,2013, by and between TenX
- Date
- 2019-11-02
Summary
A commercial lease filed as Exhibit D, Doc 52-9, in bankruptcy case No. 2:19-bk-00787 on November 2, 2019. The lease, dated August 1, 2013, is between TenX Group LLC as landlord and Panthera Training Center LLC as tenant for 689.40 acres in Hardy County, West Virginia. It sets a term from August 25, 2013 to July 31, 2028, with monthly installments of $38,000.00 for a total lease payment of $6,840,000.00. The tenant may use the premises only for a training center for government military and law enforcement personnel and must carry casualty and liability insurance of at least $1,000,000.00. Other clauses cover automatic 10-year renewal terms, taxes, defaults, holdover, improvements, indemnity, notices and West Virginia governing law. The five-page filing is signed by managers of both companies.
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EXHIBIT D
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COMMERCIAL LEASE
This Lease Agreement (this "Lease") is dated August 01,2013, by and between TenX
Group LLC("Landlord"), andPanthera Training Center LLC ("Tenant"). The parties
agree as foliows:
PREMISES,Landlord, in considération of the lease payments provided in this Lease,
leases to Tenant The tract or parcel of real estate, togethcr with the improvements
thereon, ail rights, rights of way and appartenances thereunto belonging, situated two
miles west of Old Fields and six miles northwest of the Town of Moorefield on both sides
of Fish Pond Road in Moorefield District, Hardy County, West Virginia, containing
689.40 acres,(the "Premises") located at 2506 Fish Pond Road, Old Fields, WV 26845.
TERM.The lease tenu will begin on August 25, 2013 and will tenninate on July 31,
2028.
LEASE PAYMENTS.Tenant shall pay to Landlord monthly installments of $38,000.00,
payable in advance on the first day of each montli,for a total lease payment of
$6,840,000.00. Lease payments shall be made to the Landlord at 1900 Campus Gommons
Drive, STE 100, Reston, VA 20191, which address may be changed from time to time by
the Landlord.
POSSESSION.Tenant shall be entitled to possession on the first day of the term of this
Lease, and shall yield possession to Landlord on the last day of the term ofthis Lease,
unless otherwise agreed by both parties in writing. At the expiration of the tenn. Tenant
shall remove its goods and effects and peaceably yield up the Premises to Landlord in as
good a condition as when delivered to Tenant, ordinary wear and tear excepted.
USE OF PREMISES.Tenant may use the Premises only for Opération of a training
center for govermuent military and law enforcement personnel. The Premises may be
used for any other purpose only with the prior written consent of Landlord, which shall
not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended
absence from the Premises not later than the first day of the extended absence.
EXCLUSIVITV. Landlord shall not directly or indirectly, through any employée, agent,
or otherwise, lease any space within the property (excepl the Premises herein described),
or permit the use or occupancy of any such space whose primary use of business is in, or
may resuit in, compétition with the Tenants primary use of business. The Landlord
hereby gives the Tenant the exclusive right to conduct their primary use of business on
the property.
PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Premises
in an amount not less than $1,000,000.00. Landlord shall be named as an additional
insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof
that adéquate insurance is in force issued by companies reasonably satisfactory to
Landlord. Landlord shall receive advance written notice from the insurer prior to any
termination of such insurance policies. Tenant shall also maintain any other insurance
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which Landlord may reasonably require for the protection of Landlord's interest in the
Premises. Tenant is responsible for maintaining casualty insurance on ils own property.
LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises in
a total aggregate sum of at least $1,000,000.00. Tenant shall deliver appropriate evidence
to Landlord as proof that adéquate insurance is in force issued by companies reasonably
satisfactory to Landlord. Landlord shall receive advance wrilten notice from the insurer
prior to any tennination of such insurance policies.
RENEWAL TERMS.This Lease shall automatically renew for an additional period of
10 years per renewal term, unless either party gives written notice of tennination no later
than ninety days prior to the end of the tenn or renewal tenn. The lease terms during any
such renewal tenn shall be the same as those contained in this Lease.
UTILITIES AND SERVICES.Tenant shall be responsible for ail utilities and services
incurred in connection with the Premises.
TAXES. Taxes altributable to the Premises or the use of the Premises shall be allocated
as follows:
REAL ESTATE TAXES. Tenant shall pay ail real estate taxes and assessments
which are assessed against the Premises during the time of this Lease.
PERSONAL TAXES. Tenant shall pay ail personal taxes and any other charges
which may be levied against the Premises and which are attributable to Tenant's use
of the Premises, along with ail sales and/or use taxes (if any)that may be due in
connection with lease payments.
DEFAULTS.Tenant shall be in default of this Lease if Tenant fails to fulfill any lease
obligation or term by which Tenant is bound. Subject to any governing provisions of law
to the contrary, if Tenant fails to cure any financial obligation within 5 days(or any other
obligation within 10 days) after written notice ofsuch default is provided by Landlord to
Tenant, Landlord may take possession of the Premises without further notice (to the
extent permitted by law), and without prejudicing Landlord's rights to damages. In the
alternative, Landlord may elect to cure any default and the cost of such action shall be
added to Tenant's financial obligations under this Lease. Tenant shall pay ail costs,
damages, and expenses (including reasonable attorney fees and cxpcnses) suffered by
Landlord by reason of Tenant's defaults. Ail sums of money or charges required to be
paid by Tenant under this Lease shall be additional rent, whether or not such sums or
charges are designated as "additional rent". The rights provided by this paragraph are
cumulative in nature and are in addition to any other rights afforded by law.
HOLDOVER.If Tenant maintains possession of the Premises for any period after the
tennination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease
payment(s) during the Holdover Period at a rate equal to the normal payment rate set
forth in the Renewal Terms paragraph.
CUMULATIVE RIGHTS.The rights of the parties under this Lease are cumulative,
and shall not be construed as exclusive unless otherwise required by law.
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REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the
obligation to conduct any construction or remodeling (at Tenanl's expense) that may be
required to lise the Premises as specified above. Tenant may also construct such fixtures
on the Premises (at Tenant's expense) that appropriately facilitate its use for such
purposes. Such construction shall be undcrtaken and such fixtures may be erected only
with the prior written consent of the Landlord which shall not be unreasonably withheld.
Tenant shall not install awnings or advertisements on any part of the Premises without
Landlord's prior written consent. At the end of the lease tenu, Tenant shall be entitled to
remove (or at the request of Landlord shall remove)such fixtures, and shall restore the
Premises to substantially the same condition of the Premises at the commencement of this
Lease.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent(which shall
not be unreasonably withheld), Landlord shall have the right to enter the Premises to
make inspections, provide necessary services, or show the unit to prospective buyers,
mortgagees, tenants or workers. However, Landlord does not assume any liability for the
care or supervision of the Premises. As provided by law, in the case of an emergency,
Landlord rriay enter the Premises without Tenant's consent. During the last three months
of this Lease, or any extension of this Lease, Landlord shall be allowed to display the
usual "To Lot" signs and show the Premises to prospective tenants.
INDEMNITY REGARDING USE OF PREMISES. To the extent pennitted by law.
Tenant agréés to indemnify, hold hanuless, and defend Landlord from and against any
and ail losses, daims, liabilities, and expenses, including reasonable attorney fees, if any,
which Landlord may suffer or incur in connection with Tenant's possession, use or
misuse of the Premises, except Landlord's act or négligence.
COMPLIANCE WITH REGULATIONS.Tenant shall promptly comply with ail laws,
ordinances, requirements and régulations of the fédéral, state, county, municipal and
other authorities, and the fire insurance underwriters. However, Tenant shall not by this
provision be required to make altérations to the exterior of the building or altérations of a
structural nature.
SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now
exists, or may be given later by Landlord, with respect to the Premises.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in
writing and forwarded by mail, postage prepaid, addressed as follows:
LANDLORD;
TenX Group LLC
1900 Campus Gommons Drive, Suite 100
Reston, VA 20190
TENANT:
Panthera Training Center LLC
2506 Fish Pond Road
Old Fields, WV 26845
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Such atldrcsscs may be changed from lime to lime by any party by providing notice as set
forth abovc. Notices mailed in accordance with îhc abovc provisions shal) be dcemed
reccived on the third day aftcr posting.
(iOVKR.MNCJ l.AVV. Tliis l.casc shall be conslriicti in accordance with thc laws ofllie
State ofWcst Virginia.
EN l IRt; AGRKKMFN r/AMIvNDMKN r. I his Lcasc Agrccmcnr contains thc entirc
agreoment of the parties and thcre arc no othcr promises, conditions, understandings or
olhcr agreemcnt.s. whetlier oral or written, rclaiing to the subjcct matter of this Lcasc.
This Lcasc may bc modificd or amendcd in writing, if thc wriiing is signcd by thc party
obligatcd uridcr thc amcndmcnl.
SEVERABILI'I'Y. If any portion of this Lcasc shall bc hcld to bc invalid or
uncnforceablc for any rcason. the rcniaining provi.sions shall coniimic to bc valid and
cnforccablc. Ifa court tlnds that any provision of this Lcasc is invalid or uncnforccable.
but that by limiting such provision, it would bccome valid and cnforccablc, then such
provision shall bc dccmcd to bc written. construod. and cnforccd as so liiniicd.
WAIVKR,The lailurc ofeilhcr party lo enforcc any pro\ ision.s of thi.s Lcasc shall noi be
construod as a waivcr or limitation oiThat party's right to subscquentiy enforcc and
coinpcl strict coinpliancc with cvcrv provision of tins l.case.
BlNDllNC KKFECI". fhc provisions of this Lea.sc shall be binding upon and inure to thc
bcncUl of bolh parties and thcir respective Icgal représentatives, succes.sors and assigns.
LANDLORI):
TenX Croup LLC
A
I .
'
By;
'/
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V 1/ ^ Date: Augusl 1,2013
Raymond Jonçs\' /' f
Manager / J
TE.NANI:
Panthera Training Cenlcr IT.C
By: T Date: .August 1.2013
James Punclli
Manaucr
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