BUSINESS LEASE
THIS AGREEMENT, entered into this 6TH day of April 2000 between
XXXXXX X. XXXXXXX, and or Assigns, of: 00000 Xxxxxx Xxx, Xxxx
Xxxxx, Xxxxxxx 00000, hereinafter called the lessor, party of the
first part, and XXXXX X. XXXXXX XXXXXXXXX.XXX and or XXXXX X.
XXXXXX individually and personally, SS#112-52- 1189 of 00000
Xxxxxxxxx Xxxxx, Xxxx Xxxxx. XX 00000, hereinafter called the
lessee or tenant, party of the second part:
WITNESSETH, That the lessor does this day lease unto said lessee,
and the lessee does hereby hire and take as tenant under said
lessor the property located at: 0000 XXXX XXXXXXXXX XXXXX, XXXXXXX
00000, situated in BROWARD COUNTY FLORIDA to be used and occupied
by the lessee as a Computer Store or an other LEASE legal business
way, for the term of (1) ONE YEAR AND 22 DAYS. LEASE BEGINNING THE
6TH DAY OF APRIL 2000, AND ENDING THE 30TH DAY OF APRIL 2001, for
the agreed total rental payable as follows:
APRIL 6, 2000 TO APRIL 30, 2000 FREE RENTAL PERIOD
MAY 1, 2000 TO APRIL 30, 2001 $1,300.00 PER MONTH
A) Lessee shall pay to lessor, First month's rent of $1,300.00 plus
$60.00 CAM, plus $81.60 sales tax, plus a security deposit of
$1,441.60 making a grand total due of $2,883.20 prior to move in.
All payments to be made to the lessor on the FIRST (1ST) day of
each and every month in advance without demand at the address of
XXXXXX X. XXXXXXX, 00000 XXXXXX XXX, XXXX XXXXX, XXXXXXX 00000, or
at such other place and to such other person, as the lessor may
from time to time desire In writing.
The following express stipulations and conditions are made a part
of this lease and are hereby agreed to by the lessee:
1. 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, a any part thereof, to be used for any other
purpose than as above stated, nor make any alterations herein, and
as 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 with the premises at the termination of this
lease. The lessor shall not unreasonably withhold consent to any of
the actions described in paragraph #1.
2. 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 personal
property, or to the lessee arising from roof leaks, fire or wind
damage or the bursting or leaking of water and or sewer pipes, any
type of accident or from any act of negligence of any occupants of
the building or of any other person whomsoever.
3. The lessee 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 lessees own cost and expense.
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4. 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 (60) SIXTY 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 evidence in
writing.
5. 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 a part of this
covenant, 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 this 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.
6. If the lessee shall abandon or vacate the 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, forthwith cancel this lease
or he may enter said premises as the agent of the lessee, without
being liable in any way therefore, 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 reasonably determine, and receive the rent
therefore applying the same to the payment of the rent due these
full rental herein provided shall not be realized by lessor over
and above the expenses to lessor in such reletting the said lessee
shall pay any deficiency, and if more than the full rental is
realized the lessor will pay over to lessee the excess on demand.
7. Lessee agrees to pay the cost of collection and attorney's fees
on any part of said rental that may be collected by suit or by
attorney, after the same is past due, including but not limited to
appellate costs and attorney's fees.
8. The lessee agrees to pay all charges for rent, and electricity
used on the premises.
9. The lessee hereby pledges and assigns to the lessor at the
equipment, furniture, fixtures, goods and chattels of said lessee,
which shall or may be brought or put on the premises as security
for the payment of the rent herein reserved, and the lessee agrees
that the lien may be enforced by distress foreclosure or otherwise
at the election of the lessor, and does hereby agree to pay
attorney's fees of the amount so collected or found to be due,
together with all costs and charges therefore incurred or paid by
the lessor.
10. It is hereby agreed and understood between lessor and lessee
that in the event of the sale or long term lease of all or any part
of the demised premises, requiring this space, the lessee hereby
agrees to vacate same upon receipt of SIXTY (60) days written
notice and the return of any advance rental paid on account of this
lease.
11. The lessor, or any of his agents, shall have the right to enter
the premises during all reasonable hours, to examine same to make
such repairs, additions or alterations as maybe deemed necessary
for the safety, comfort, or preservation thereof, or of the
building, or to exhibit the 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 this 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.
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12. Lessee hereby accepts the premises in the condition they are in
at the beginning of this lease and agrees to maintain demised
premises in the same condition, order and repair as they are at the
commencement of term, excepting only reasonable wear and tear
arising from the use thereof under this agreement, and to make good
to lessor immediately upon demand, any damage to water apparatus,
or electric lights or any fixture, appliances or appurtenances of
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.
13. 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
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, roof leaks, or any other leakage a accident in or about the
building.
14. If the lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against the lessee, before the end
of the term of the lessor is hereby irrevocably authorized at its
option, to forthwith 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 without effecting 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.
15. Lessee hereby waives and renounces for himself and family any
and all homestead and exemption rights on the demised premises he
may have now, or hereafter, under or by virtue of the constitution
and laws of the State of Florida, or any other State, or of the
United States, as against the payment of the rent or any portion
hereof, or any other obligation or damage that may accrue under the
terms of this agreement.
16. 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.
17. 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.
18. It is understood and agreed between the parties hereto that
written notice mailed or delivered to the premises leased
hereunder, shall constitute efficient 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 contract.
19. 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.
20. 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 shall
be included in any lien for rent due and unpaid.
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21. It is hereby understood and agreed that any signs 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. Said approval shall not be unreasonably
withheld.
22. It is agreed between lessor and lessee that all lighting
including emergency lights and exit lights, fire extinguisher,
locks, electric wiring, plumbing, water fixtures, entire air
conditioning, sinks, toilet, drop ceiling, ceiling tiles, front
roll-up security gates with six master locks, all adjustable
shelving, alarm system ARE AND REMAIN THE PROPERTY OF LESSOR.
Lessee has the right to use all appliances, equipment, fixtures,
and items above, and has to maintain same in good working order and
repair including replacement, at all times, at lessee's cost and
expenses. maintain front and rear of premises in clean condition
daily. All changes, additions, work done etc., must comply with the
Broward County and City of Deerfield Beach Building and Zoning
Departments.
23. Fees and costs related to the operation of lessee's business
including but not limited to Federal, State, City and County Taxes,
intangible Taxes, Personal Property Taxes, Sales Taxes,
occupational Licenses, assessments, or any other requirement by the
State, City or County, is the sole responsibility of the lessee and
are to be paid for and maintained in good standing by the lessee.
The lessor, at all times, is responsible to maintain the entire
roof over the demised premises in good repair and free from leaks,
at lessors cost and expense.
24. Lessee to indemnify lessor for all claims, costs losses or
expenses resulting from lessees operation of the business. It is
agreed between lessor and lessee that in the event for any reason
the leases defaults on this lease, then in that event the $1,441.60
(ONE THOUSAND FOUR HUNDRED FORTY ONE AND 60/100) Security Deposit
shad be forfeited by lessee and becomes the property of the lessor
as liquidated damages, but not limited to liquidated damages for
such default.
25. Rent is due the FIRST (1st) of each month, should rent be SEVEN
(7) days late or returned to lessor by bank for non-sufficient
funds (NSF), lessee agrees to pay an additional TEN PERCENT (10%)
late charge of that months rent, TWENTY (20) days late constitutes
a default of this lease.
26. Lessee, at their expense shall carry plate glass and
comprehensive public liability insurance for the demised premises
of not less than $1,000,000.00 coverage. The insurance policy shall
name LESSOR AS ADDITIONAL INSURED, and a copy of the policy shall
be delivered to lessor. Lessee assumes responsibility and
replacement of front tempered plate glass.
27. Any interest derived from deposits shall be in favor of lessor,
as additional consideration.
28. Lessee in addition to the rent agrees to pay Common Area
Maintenance (CAM) of $60.00 per month, which includes payment for
but not limited to, water, sewer, trash removal, grass cutting,
maintenance, etc. CAM charges shall be reviewed annually or when
rent increases are due, and will be subject to increases.
29. Lessee agrees to pay, in addition to the rent, Florida State
Sales Tax, as well as any type of Federal Government Tax, State
Tax, City Tax or County Tax that may be imposed from time to time
by the Government, State, City or County.
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30. Lessee acknowledges that they have read this lease agreement in
it's entirety and understand and accept it's terms and effects.
31. Lessee shall provide to lessor, a set of keys of the premises
and alarm code, that will allow lessor to enter premises, in the
event of an emergency.
32. Lessee, at their expense, shall maintain the entire demised
premises, including, but not limited to the entire Air Conditioning
System, Plumbing and Water Systems, Electrical System,
Exterminating/Pest Control, Exterior doors, Exterior Entrances,
Exterior Front Glass and Front Glass Cleaning.
33. Lessee acknowledges that lessor is a Licensed Real Estate
Broker, active in the State of Florida.
34. OPTION TO RENEW: Provided that the lessee is not in default in
the performance of this lease, lessee shall have the option to
renew the lease for FOUR additional ONE (1) year terms commencing
at the expiration of the initial lease term. All of the terms and
conditions of the lease shall apply during the renewal periods.
Lessee shall notify lessor of its exercise of any of the FOUR (4)
option periods no less than 60 days prior to the expiration of the
terms of the lease, or any option period. The option rent schedule
shall be as follows:
OPTION #1 - MAY 1, 2001 TO APRIL 30, 2002 $1,350.00 PER MONTH
OPTION #2 - MAY 1, 2002 TO APRIL 30, 2003 $1,400.00 PER MONTH
OPTION #3 - MAY 1, 2003 TO APRIL 30, 2004 $1,450.00 PER MONTH
OPTION #4 - MAY 1, 2004 TO APRIL 30, 2005 $1,500.00 PER MONTH
IN WITNESS WHEREOF, the parties hereto have hereunto executed this
Installment for the purpose herein expressed, the day and year below written.
Signed, sealed and delivered in the presence
of:
WITNESS AS TO LESSOR LESSOR: XXXXXX X XXXXXXX
Dated: 04-06-2000
LESSEE: XXXXX X. XXXXXX
XXXXXXXXX.XXX
WITNESS AS TO LESSEE LESSOR: XXXXX X. XXXXXX
INDIVIDUALLY and PERSONALLY
Dated: 04-06-2000
LEASE ADDENDUM
0000 XXXX XXXXXXXXX XXXX.. XXXXXXXXX XXXXX, Xx..
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Addendum to that certain business lease agreement by and between
Xxxxx X. Xxxxxx, hereinafter referred to as Lessee, and Xxxxxx X.
Xxxxxxx, hereinafter referred to as Lessor, dated and signed June
18,1988, for the store rental at 0000 Xxxx Xxxxxxxxx Xxxx., Xxxxxxxxx
Xxxxx, Xxxxxxx.
Lessor and Lessee acknowledge that Lessee is in the process of a
signing a new lease with Lessor for larger space at 0000 Xxxx
Xxxxxxxxx Xxxx., Xxxxxxxxx Xxxxx, Xxxxxxx.
Lessor and Leases agrees that the new expiration date of the lease
including the option period at 0000 Xxxx Xxxxxxxxx Xxxx. shall be
October 91, 2000. However, Lessor and Lessee agree that if Lessor
needs the premises sooner for another tenant, then Lessee agrees to
vacate the premises on August 14, 2000.
All of the terms and conditions of the lease shall apply during
possession by the Lessee.
Signed and dated -
LESSOR: XXXXXX X. XXXXXXX
Dated: 04-06-2000
LESSEE: XXXXX X. XXXXXX
Dated: 04-06-2000
