EX-10(a)(2)
Business Lease
This Agreement, entered into this 6th day of October, 1995 between
Xxxxxxx Xxxxxxx hereinafter called the lessor or landlord, party of the first
part, and Xxxxxxx-Atlantic Corp. of the County of Dade and State of Florida
hereinafter called the lessee or tenant, party of the second part:
Witnesseth, that the said lessor or landlord does this day lease unto
said lessee, and said lessee does hereby hire and take as tenant
__________________ under said lessor the following described premises: (Describe
type of property, address, etc.)
000 X.X. 00xx Xx., 000 X.X. 00xx Xx., 000 X.X. 00xx Xx., Xxxxx, Xxxxxxx 00000
(Comprising 3 contiguous warehouses)
situate in Miami State of Florida, to be used and occupied by the lessee as
Warehouse and Offices for the term of Ten years, subject and conditioned on the
provisions of clause ten of this lease beginning the 1st day of November 1995,
and ending the 31 day of October, 2004, at and for the agreed total rental of
See below Dollars, payable as follows:
Monthly rental of $6,933.34, plus Sales Tax
all payments to be made to the lessor on the first day of each and every month
in advance without demand at the office of 0000 Xxxxxx Xxxx., XX 0, Xxxxxxxx, XX
00000 in the City of ____________________ or at such other place and to such
other person, as the lessor may from time to time designate in writing.
The following express stipulations and conditions are made a part of
this lease and are hereby assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sublet the premises,
or any part thereof nor use the same, or any part thereof, nor permit the same,
or any part thereof, to be used for any other purpose than as above stipulated,
nor make any alterations therein, and all additions thereto, without the written
consent of the lessor, and all additions, fixtures or improvements which may be
made by lessee, except movable office furniture, shall become the property of
the lessor and remain upon the premises as a part thereof, and be surrendered
with the premises at the termination of this lease.
SECOND: All personal property placed or moved in the premises above
described shall be at the risk of the lessee or owner thereof, and lessor shall
not be liable for any damage to said person property, or to the lessee arising
from the bursting or leaking of water pipes, or from any act of negligence of
any co-tenant or occupants of the building or of any other person whomsoever.
THIRD: That the tenant shall promptly execute and comply with all
statutes, ordinances, rules, orders, regulations and requirements of the
Federal, State and City Government and of any and all their Departments and
Bureaus applicable to said premises, for the correction, prevention, and
abatement of nuisances or other grievances, in, upon, or connected with said
premises during said term; and shall also promptly comply with and execute all
rules, orders and regulations of the applicable fire prevention codes for the
prevention of fires, at Lessee's own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or
injured by fire or other casualty during the Life of this agreement, whereby the
same shall be rendered untenantable, then the lessor shall have the right to
render said premises tenantable by repairs within ninety days therefrom. If said
premises are not rendered tenantable within said time, it shall be optional with
either party hereto to cancel this lease, and in the event of such cancellation,
the rent shall be paid only to the date of such fire or casualty. The
cancellation herein mentioned shall be evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates
named, and the faithful observance of the rules and regulations printed upon
this lease, and which are hereby made apart of this covenant, and of such other
and further rules or regulations as may be hereafter made by the lessor, are the
conditions upon which the lease is made and accepted and any failure on the part
of the lessee to comply with the terms of said lease, or any of said rules and
regulations now in existence, or which may be hereafter prescribed by the
lessor, shall at the option of the lessor, work a forfeiture of this contract,
and all of the rights of the lessee hereunder.
SIXTH: If the lessee shall abandon or vacate said premises before the
end of the term of this lease, or shall suffer the rent to be in arrears, the
lessor may, at his option, forwith cancel this lease or he may enter said
premises as the agent of the lessee, without being liable in any way therefor,
and relet the premises with or without any furniture that may be, therein, as
the agent of the lessee, at such price and upon such terms and for such duration
of time as the lessor may determine, and receive the rent therefor, applying the
same to the payment of the rent due by these presents, and if the full rental
herein provided shall not be realized by lessor over and above the expenses to
lessor in such re-letting, the said lessee shall pay any deficiency, and if more
than the full rental is realized, lessor will pay over to said lessee the excess
of demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten per cent
attorney's fee on any part of said rental that may be collected by suit or by
attorney, after the same is past due.
EIGHTH: The lessee agrees that he will pay all charges for rent, gas,
electricity or other illumination, and for all water used on said premises, and
should said charges for rent, light or water
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herein provided for at any time remain due and unpaid for the space of five days
after the same shall have become due, the lessor may at its option consider the
said lessee tenant at sufferance and the entire rent for the rental period then
next ensuing shall at once be due and payable and may forwith be collected by
distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor all the
furniture, fixtures, goods and chattels of said lessee, which shall or may be
brought or put on said premises as security for the payment of the rent herein
reserved, and the lessee agrees that the said lien may be enforced by distress
foreclosure or otherwise at the election of the said lessor, and does hereby
agree to pay attorney's fees of ten percent of the amount so collected or found
to be due, together with all costs and charges therefore incurred or paid by the
lessor.
TENTH: The lessor, or any of his agents, shall have the right to enter
said premises during all reasonable hours, to examine the same to make such
repairs, additions or alterations as may be deemed necessary for the safety,
comfort or preservation thereof, or of said building, or to exhibit said
premises, and to put or keep upon the doors or windows thereof a notice "FOR
RENT" at any time within thirty (30) days before the expiration of the lease.
The right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures, alterations, or additions, which do not conform to this
agreement, or to the rules and regulations of the building.
ELEVENTH: Lessee hereby accepts the premises in the condition they are
in at the beginning of this lease and agrees to maintain said premises in the
same condition, order and repair as they are at the commencement of said term,
excepting only reasonable wear and tear arising from the use thereof under this
agreement, and to make good to said lessor immediately upon demand, any damage
to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the building, caused by any act or neglect
of lessee, or of any person or persons in the employ or under the control of the
lessee.
TWELFTH: It is expressly agreed and understood by and between the
parties to this agreement, that the landlord shall not be liable for any damage
or injury by water, which may be sustained by the said tenant or other person or
for any other damage or injury resulting from the carelessness, negligence, or
improper conduct on the part of any other tenant or agents, or employees, or by
reason of the breakage, leakage, or obstruction of the water, sewer or soil
pipes, or other leakage in or about the said building.
THIRTEENTH: If the lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against the lessee, before the end of said
term, the lessor is hereby irrevocably authorized at its option, to forwith
cancel this lease, as for a default. Lessor may elect to accept rent from such
receiver, trustee, or other judicial officer during the term of their occupancy
in their fiduciary capacity with affecting lessor's rights as contained in this
contract, but no receiver, trustee or other judicial officer shall ever have any
right, title or interest in or to the above-described property by virtue of this
contract.
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FOURTEENTH: Lessee hereby waives and renounces for himself and family
any and all homestead and exemption rights he may have now, or hereafter, under
or by virtue of the constitution and laws of this State, or of any other State,
or of the United States, as against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of
this agreement.
FIFTEENTH: This contract shall bind the lessor and its assigns or
successors, and the heirs, assigns, personal representatives, or successors as
the case may be, of the lessee.
SIXTEENTH: It is understood and agreed between the parties hereto that
time is of the essence of this contract and this applies to all terms and
conditions contained herein.
SEVENTEENTH: It is understood and agreed between the parties hereto
that written notice mailed or delivered to the premises leased hereunder shall
constitute sufficient notice to the lessee and written notice mailed or
delivered to the office of the lessor shall constitute sufficient notice to the
lessor, to comply with the terms of this contact.
EIGHTEENTH: The rights of the lessor under the foregoing shall be
cumulative, and failure on the part of the lessor to exercise promptly any
rights given hereunder shall not operate to forfeit any of the said rights.
NINETEENTH: It is further understood and agreed between the parties
hereto that any charges against the lessee by the lessor for services or for
work done on the premises by order of the lessee or otherwise accruing under
this contract shall be considered as rent due and shall be included in any lien
for rent due and unpaid.
TWENTIETH: It is hereby understood and agreed that any signs or
advertising to be used, including awnings, in connection with the premises
leased hereunder shall be first submitted to the lessor for approval before
installation of same.
TWENTY-FIRST: RADON GAS NOTIFICATION (the following notification may be
required in some states): Radon is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings. Additional
information regarding radon and radon testing may be obtained from your county
public health unit.
TWENTY-SECOND: This is a Triple Net Lease. Lessee shall be responsible
for payment of all real estate taxes, insurance premiums and costs (property
damage at replacement cost and liability insurance of $1,000,000), and
maintenance and repair costs.
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In Witness Whereof, the parties hereto have executed this instrument
for the purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:
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Witness Signature (as to Lessor) Lessor Signature
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Printed Name Printed name
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Witness Signature (as to Lessor) Post Office Address
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Printed Name By:----------------------------------
Lessee Signature
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Witness Signature (as to Lessee)
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Printed Name
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Printed Name
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---------------------------------- Post Office Address
Witness Signature (as to Lessee)
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Printed Name
STATE OF )
COUNTY OF ) I hereby Certify on this day, before me,
----------------------- an officer duly authorized to administer
oaths and take acknowledgments,
personally appeared
known to me to be the person ______________ described in and who executed the
foregoing instrument, who acknowledged before me that _____________ executed the
same, and an oath was not taken. (Check one:) |_| Said person(s) is/are
personally known to me. |_| Said person(s) provided the following type of
identification:___________________________________________________.
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NOTARY RUBBER STAMP SEAL Witness my hand and official seal in
the County and State last aforesaid
this __________ day of ______, A.D. 19___
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Notary Signature
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Printed Name
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