BUSINESS LEASE
THIS AGREEMENT, entered into this day of APRIL, 1998
between XXXX XXXXXX, TRUSTEE, hereinafter called the Lessor,
party of the first part and, FAIRFAX GROUP, INC. of the County
of PALM BEACH and State of FLORIDA, hereinafter called the Lessee
or tenant, party of the second part:
WITNESSETH, That the said Lessor does this day lease unto
said Lessee, and said Lessee does hereby hire and take as tenant
under said Lessor 0000 X. XXXXXXXX XXXXX, XXXX 000, XXXX XXXX
XXXXX, 00000 , situate in Palm Beach County, Florida, to be used
and occupied by the Lessee as BUSINESS OFFICES, and for no other
purposes or uses whatsoever, for the term of 1 year, beginning
the 15TH day of APRIL, 1998 and ending the 14TH day of
APRIL,1999 at and for the agreed total rental of *$ 26,400.00
plus Florida Sales Taxes, plus rent increases/C.P.I. increases
as below payable as follows:
Annual Base Rent: *$ 26,400.00
payable in monthly payments of $ 2200.00
Plus Florida Sales Tax (Currently 6%) $ 132.00
Payments due beginning 4/15/98 and on the
fifteenth day of each month: $ 2332.00
Lessor shall pay all utilities for leased area, except telephone
charges. Lessor shall provide janitorial services and office
furniture as required.
Lessee also agrees to pay any appropriate increase in Florida
Sales Taxes.
Lessee will pay a Late Fee termed additional rent of $ 25.00
per day for any rent received by Lessor after the 20th of the
month. All parties agree that these charges are assessed because
unpaid rent increases Lessor's bookkeeping, clerical and
administrative costs. All parties agree that the amount of
damages caused by unpaid rent is not readily ascertainable, and
late fees as provided herein are a reasonable charge. All parties
agree that all other charges in addition to rent plus tax shall be
deemed additional rent.
*Total Figure is based on first year's rate. Thereafter,
rents shall be increased based on the national figures of the
Consumer Price Index (C.P.I.) for All Urban Consumers as
promulgated by the United States Government, utilizing the first
year of this lease as the base, or 3 percent annual increase,
whichever is greater. Any C.P.I. increases will be due and
effective on the anniversary date of this Lease, and will be back-
charged to the anniversary date of the Lease on which they become
effective if notice of the increase is not given in advance.
Lessee will be given the option to renew this Lease for 1
additional 1 year period, providing Lessee has not been or
currently is in default of any of the terms and conditions
hereunder, unless written notification to the contrary from Lessee
is received by Lessor 30 days before the expiration of the base
lease term. If no notification is received all parties
acknowledge that Lessee has exercised said option.
All payments are to be made to the Lessor, Xxxx Xxxxxx,
Trustee on the fifteenth day of each and every month in advance
without demand at the office of: 0000 X. Xxxxxxxx Xxxxx, Xxxxx
000, in the City of Xxxx Xxxx Xxxxx, Xxxxxxx 00000 or at such
other place and to such other person, as the lessor may from time
to time designate in writing. Such payments shall be made in cash
or cashier's check at the sole discretion of the lessor.
RADON GAS: 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 in Florida. Additional information
regarding radon and radon testing may be obtained from your county
public health unit.
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 sub-let
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 the
owner thereof, and Lessor shall not be liable for any damage to
said personal 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 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 Southeastern Underwriters
Association 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.
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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 a
part 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, shall at the option
of the Lessor, work a forfeiture of this lease, and all of the
rights of the Lessee hereunder, and thereupon the Lessor, his
agents or attorneys shall have the right to enter said premises,
and remove all persons therefrom according to Florida statutes.
Further, it is mutually agreed by and between Lessor and
Lessee that they hereby waive trial by jury in any action,
proceeding or counterclaim brought by either of the parties hereto
against the other on any matters whatsoever arising out of or in
any way connected with this lease, the relationship of Lessor and
Lessee, Lessee's use and occupancy of said premises, and/or any
claim of injury or damage, and any emergency statutory or any
other statutory remedy.
Any unpaid rents or other amounts due under the lease shall
earn interest at the highest rate allowed by law. The Lessee
agrees to pay the Lessor a reasonable fee of $100.00 to compensate
lessor for the processing and delivery of a "3 Day Notice" for
non-payment of monies owed, as well as a fee of $100.00 for the
costs of administration of an eviction in addition to any other
costs reasonably and necessarily incurred, as and for liquidated
damages. These fees are termed additional rent.
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, forthwith cancel
this lease or he may enter said premises as the agent of the
Lessee, by force or otherwise, 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 therefore, 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: DELETED
EIGHTH: The rights and remedies of the Lessor under this
Lease if Lessee breaches this Lease, shall be cumulative and may
be exercised singly, independently, and/or as Lessor may otherwise
desire and the failure on the part of Lessor to exercise any
rights given hereunder shall not operate to forfeit any such
rights, including without limitation, Lessors right to receive and
deposit rent as defined in this Lease with actual knowledge of a
default or other non-compliance by Lessee. Lessor's rights shall
include, without limitation, all rights and remedies provided for
under this Lease and/or in accordance with Florida law, including
without limitation, the right and option of declaring the balance
of the total rent for the entire term of this Lease to be
immediately due and payable for Lessee's breach.
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.
Pursuant to Florida Statutes section 83.67(3) the undersigned
Lessor and Lessee agree that in the event Lessee leaves any
personal property behind on the premises after Lessee surrenders
or abandons the rental unit, Lessor is not liable or responsible
for storage or disposition of the personal property.
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 ninety (90) 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.
ELEVENTH: Lessee hereby accepts the premises in the
condition they are ("as-is") at the beginning of this lease and
agrees to maintain said premises 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. Lessor?s maintenance crew
shall perform requested maintenance, if desired by Lessee, at a
charge of $25.00 per hour plus material costs. Such costs shall
be paid with the next month?s rent check and shall be considered
as "additional" rent.
TWELFTH: No untagged or unregistered motor vehicles or
trailers will be permitted to be parked outside the units for more
than two days. Lessee hereby irrevocably appoints Lessor as
attorney in fact for lessee, so that Lessor may have said vehicles
or trailers towed away at Lessee's sole expense and liability. No
repairs are to be done outside of unit nor any vehicles in
disrepair shall be parked outside of unit. Lessee subject to
Industrial Park Rules to be distributed to Lessee at time of lease
signing. A failure to adhere to these rules shall be a breach of
this agreement. Lessee acknowledges and agrees that leased space
includes outside parking area comprising 10 parking spaces. Any
vehicles controlled by lessee utilizing any additional spaces
shall be excess usage. Such excess parking shall be assessed
$25.00 per vehicle per month or any portion thereof. Parking
shall be monitored by owners agent and excess parking fees shall
be enforced at the sole discretion of lessor. These fees are
termed additional rent.
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 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
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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.
FOURTEENTH: DELETED
FIFTEENTH: This contract shall bind the Lessor and its
assigns or successors, and the heirs, assigns, administrators,
legal representatives, executors 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 contract.
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: This lease shall be interpreted to the maximum
benefit of Lessor.
TWENTY-SECOND: If by reason of the specific use of the
premises by the Lessee, any governmental agencies shall require a
modification to the demised premises, or the installation of any
special equipment or safety features, such modifications or
installation shall be made solely at the expense of the Lessee,
and such requirement shall not excuse the Lessee from the
requirement of this lease.
TWENTY-THIRD: The operation of a forklift or any similar
vehicle or equipment upon the asphalt of the premises and adjacent
to the demised premises is prohibited, unless proper mats are
placed on the asphalt surface. Any damage to the premises, or
asphalt, shall be deemed the responsibility of the Lessee and
shall be charged by the Lessor for repair of the same.
TWENTY-FOURTH: Lessee shall comply with all laws, orders and
regulations of federal, state, city, county and municipal
authorities, fire insurance rating organizations, the Americans
with Disabilities Act, and Federal and State environmental laws,
statute and regulations which shall now or hereafter affect the
premises, including but not limited to the compliance required by
any change on the above referenced items.
TWENTY-FIFTH: In the event that there is fire, safety,
burglar alarm, or related equipment within the leased premises, or
in the event the Lessor installs such equipment in the future,
Lessee shall hereby agree to allow Lessor to let such equipment
remain or be installed, as the case may be, at Lessor's sole
expense.
Lessee shall agree not to interfere, nor allow others to interfere
with the normal operation of such equipment through lessee's
actions or inactions, nor shall Lessee be entitled to any
abatement or discount in rent by reason of the existence of such
equipment.
TWENTY-SIXTH: Rent, plus applicable Florida Sales Tax, shall
be due on the fifteenth day of each month, time being strictly of
the essence, without demand, notice, offset, deduction, or
abatement, at Lessor's address, or elsewhere as may be designated
from time to time by Lessor's written notice to Lessee.
TWENTY-SEVENTH: Lessee shall take good care of the premises
and shall promptly make all repairs in and about the premises
required by reason of the installation, use, or operation of
equipment, machinery, or property in the premises, the moving of
Lessee's property in, on or about the premises, and/or the misuse,
act, or neglect of Lessee or any of its employees, agents,
contractors, or invitee. All repairs shall be in compliance with
any applicable governmental rules and regulations, including
Lessee's obtaining any necessary building permits and licenses if
required, and the cost thereof shall be at Lessee's sole expense
and paid by Lessee in cash or its equivalent so that the demised
premises shall at all times be free of liens for labor and
materials supplied or claimed to have been supplied to the demised
premises. Any alterations shall immediately become the property
of Lessor, subject only to the use of same by Lessee during the
term of this Lease. It is hereby agreed and understood between
Lessor and Lessee that in the event the Lessor decides to remodel,
alter or demolish all or any part of the premises leased
hereunder, or in the event of the sale or long term lease of all
or any part of the 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.
Lessee covenants that during the term of this lease it will, at
its expense, keep in good order and repair the leased premises,
including but not by way of limitation, all air conditioning
equipment, doors, wiring, plumbing and sewerage equipment,
overhead doors, and lighting fixtures located therein. In the
event Lessee requests Lessor to perform routine overhead door or
lighting fixture maintenance, Lessee agrees to reimburse Lessor
for any materials used on the job as well as Lessor's labor rate
of $25.00 per hour. In addition, Lessee agrees that it shall not
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cause accumulation of waste, garbage or other debris, in the
exterior area of the Lessor's property. The Lessee will not erect
tents, nor store any trailers, vans, shacks, tanks or any other
temporary buildings or structures without the written consent of
the Lessor. In the event Lessee should fail to make the repairs
required of Lessee forthwith upon notice by Lessor, Lessor, in
addition to all other remedies available hereunder or by law and
without waiving any of said alternative remedies, may make same
and Lessee agrees to repay Lessor the cost thereof as part of the
rental payable as such on the next day upon which rent becomes as
failure to pay any installment of rental. Lessee waives all right
to make repairs at the expense of Lessor as provided for in any
statute or law in effect at the time of execution of this lease or
any amendment thereof or any other statute or law which may be
hereafter enacted during the term of this lease and agrees upon
the expiration of the term of this lease or sooner termination
hereof to surrender unto Lessor the demised premises in the same
condition as received, ordinary wear and tear and damage by
earthquake, act of God, the elements, or fire not attributable in
any respect to Lessee, alone excepted. Lessor agrees to make
necessary repairs to the roof, exterior walls, foundations and
parking areas only, within reasonable time after Lessee has
notified Lessor in writing of the need for such repair. Lessee
agrees during the full term of this lease, at its own cost and
expense, to make all other repairs and replacements of whatever
kind or nature, either to the exterior, including walks, or to the
interior of said premises, less repairs to roof, exterior walls,
foundations and parking areas, unless said last mentioned damage
was done by Lessee, or its agents, employees, contractors or
servants.
TWENTY-EIGHTH: Lessee shall not suffer or permit any
mechanic's liens or other encumbrance to be filed against the
property in respect of work done at the order of or on behalf of
Lessee. In the event any such lien or encumbrance should be
filed, Lessee, at its own sole cost and expense, and within five
(5) days notice by Lessor, shall cause such lien or encumbrance to
be removed. In the event Lessee shall fail to cause such lien to
be removed, Lessor, at its option, may cause it to be removed, and
the cost and expense hereby incurred by Lessor, including
reasonable attorney's fees, shall be immediately due and payable
from Lessee as and for additional rent, and this failure to act
shall constitute a breach of this Lease by Lessee.
TWENTY-NINTH: Lessor reserves the right to place "For Lease"
or "For Rent" signs on the premises at any time within ninety (90)
days of the expiration of the Lease, if Lessee has not exercised
any option to renew, if provided for herein, and Lessee agrees to
permit Lessor to do so. During said ninety day period, Lessor may
show property to new prospective tenants at any reasonable time.
Lessee agrees not to conduct "Quitting Business," "Lost Our
Lease," "Bankruptcy," or other such types of sales or notices on
the premises without Lessor's written consent which may be
unreasonably withheld.
THIRTIETH: Lessee shall obtain, at Lessee's sole expense,
comprehensive public liability and property damage insurance in
limits of not less than $300,000.00 - $500,000.00. All insurance
policies shall name Lessor as ADDITIONAL INSURED AND/OR LOSS
PAYEE, and keep such insurance in force and effect throughout the
Lease term. Lessee shall provide Lessor with certificates of
insurance certifying that such insurance is in full force and
effect within seven (7) days of the date of written demand and
that the policies shall not be canceled or changed without at
least fifteen (15) days prior written notice to the Lessor. If
Lessee fails to abide by this provision and/or if Lessee's acts or
omissions increase any hazard insurance premium, then Lessor, in
Lessor's sole discretion, may purchase such insurance for the
benefit of Lessee and/or pay any such increase in hazard insurance
premium and such expense shall be deemed additional rent and be
due with the next monthly rental payment.
THIRTY-FIRST: Lessee shall indemnify and save Lessor
harmless against and from any and all liability, damages, costs
and expenses, including reasonable attorney's fees on the trial
and appellate levels, costs, actions, judgement, and claims
whatsoever based upon or by reason of any injury and/or damage of
any kind, nature, or description sustained during the terms
hereof, to person or property on, in or about the lease premises,
and arising out of the use, occupancy, management, or control of
the lease premises by the Lessee and any of Lessee's agents,
employees, and/or invitee. The Lessee will retain competent
counsel to defend any and all such suits and actions brought
against Lessor or in which Lessor is a designated party defendant.
THIRTY-SECOND: It is expressly understood by and between the
parties to this agreement, that the Lessor 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 including roof leakage about the said
building. Lessee assumes all risk of any injury, loss, claim,
demand or damage of and to any person(s) or property of any kind
or nature that may occur by reason of any of the following:
casualty, accident, occurrence, incident, and/or act of God,
damage resulting from water, wind, rain, the bursting or leaking
of any pipes, waste or sewage, from any act of negligence of
Lessor and any persons or occupant in, on or about the premises
and/or common area property, theft, vandalism, graffiti, or other
criminal activity, fire or hurricane. All property of any kind or
nature placed or moved in and about the premises shall be at the
sole risk of Lessee, or owner thereof. Lessor has no insurance
for such purposes and Lessee shall obtain any desired insurance at
Lessee's own expense, and Lessee will self-insure to fully protect
itself and Lessor from any and all events, conditions, or matters
set forth or alluded to herein. Lessee hereby expressly assumes
the risk of loss to any and all property that Lessee may bring in,
on or about the premises, including without limitation, any
property of Lessee's invitee and/or guests. Lessee expressly
waives any and all claims, demands, rights, or remedies whatsoever
that it may, could or would otherwise have against Lessor, except
for the express assumption of risk as set forth in this paragraph.
Lessee acknowledges duty to report immediately to Lessor any
broken water pipes, running or leaking faucets or toilets, etc.
If such leaks are not reported to Lessor resulting in excessive
water use, Lessee is liable for payment of such excess use
immediately upon notification of such excess use by lessor.
THIRTY-THIRD: This Lease shall be subject and subordinate to
any mortgage which may now or hereafter affect the lease premises
and/or Lessor's interest therein, to all renewals, modifications,
consolidations, replacements and extensions thereof. This clause
shall be self-operative and no further instrument of subordination
shall be required. If confirmation of such subordination is
requested, Lessee shall promptly execute any certificate that
Lessor may request and the failure to do so shall be a material
breach of this Lease.
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THIRTY-FOURTH: Lessee shall not keep or have on the premises
any article or thing of a dangerous, inflammable, or
explosive character that might unreasonably increase the damage of
fire or other casualty in, on or about the premises or that might
be considered hazardous by any responsible insurance company.
Lessee further agrees not to use, consume, handle, store,
transport, or dispose of hazardous or toxic materials, chemicals,
or substances in, on, or about the lease premises, including any
common area portion(s), and further, shall indemnify and hold the
Lessor harmless from all losses, damages, penalties, fines,
liabilities, expenses, and costs to clean up; or corrective-
measure expenses, including reasonable attorney's fees, arising
from or out of any violation of this provision.
THIRTY-FIFTH: If Lessee remains in possession of the
premises after the expiration date of this Lease without Lessor's
written extension or renewal thereof, Lessee shall be deemed to be
a tenant at sufferance holding over without the consent of the
Lessor. Lessee acknowledges that Lessor is entitled to twice the
sum of the monthly rent for any holding over by Lessee under
Florida law and this Lease provision puts Lessee on notice that
Lessor shall demand and be entitled to recover double rent for any
such time period, and all other rights, remedies, and relief
provided for under this Lease and Florida law.
THIRTY-SIXTH: If any term, covenant, or condition of this
Lease or the application thereof to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder
of this Lease of the application of such terms, covenant, or
condition to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected
thereby, and each term, covenant, or condition of this Lease shall
be enforceable to the fullest extent permissible by law.
THIRTY-SEVENTH: The Lease and any attached Addendum
("Lease") represents the entire agreement of the Parties. Lessor
and Lessee each stipulate and acknowledge to each other that no
other representations, promises, or inducements of any other kind
or nature were made to the other prior to the signing of this
Lease. This Lease constitutes the entire agreement of the parties
and accurately sets forth their intent.
THIRTY-EIGHTH: Lessee agrees to pay any insurance rates that
are increased by the nature of the Lessee's storage, and/or use of
the premises. Such charges shall be deemed additional rent.
Lessee agrees to pay any pro-rata increase in lessor's insurance
if due to nature of Lessee?s business.
THIRTY-NINTH: Lessee agrees not to store any equipment,
material, trash, or debris outside the leased unit and agrees to
remove any such material, trash or debris from the inside of the
leased unit when vacating the premises. Lessee is responsible for
all costs associated with clean-up of leased premises and/or
repairs made to leased premises performed by Lessor upon Lessee's
vacating the premises.
FORTIETH: Lessee acknowledges having been advised that
Lessee is not to dispose of any toxic/hazardous waste products on
leased property, and that Lessee must make satisfactory disposal
arrangements for any such waste, in accordance with appropriate
Federal, State, and local laws. Lessee further warrants to hold
the owner of the property harmless from any liability, as well as
taking full responsibility for any liability that may be caused as
a result of Lessee's action/non-action as a result of Lessee's
activity on said premises. Lessee agrees that failure to dispose
of toxic/hazardous waste in accordance with the aforesaid
laws/regulations, the receipt of a Notice of Violation (N.O.V)
from a state, federal or local environmental agency, any loss of
environmental operating permits, or lessor's notification to
lessee advising discovery of poor or hazardous housekeeping
practices or business operations likely to cause imminent
contamination problems constitute a breach of this Lease, and
Lessee will be subject to criminal and civil penalties.
Lessee agrees to provide to Lessor within 5 business days, a copy
of any Notice of Violation or similar environmental notification.
All parties agree, at the inception of this lease, that there are
no existing discernible environmental problems or hazardous wastes
at the leased premises. If Lessee receives a Notice of Violation,
or similar notification, Lessee agrees to immediately correct the
problem in accordance with all laws and regulations, and agrees to
perform, at Lessee's sole cost and expense, a subsequent
environmental audit at the expiration of the lease term to insure
to all parties that the site has been properly remediated.
FORTY-FIRST: In the event of default of this Lease by
Lessee, and/or the necessity to pursue collection of monies due
for any reason associated with this Lease, including, but not
limited to recovery of unpaid rent, bounced check charges,
repairs or cleanup performed by Lessor, removal of unauthorized
signs, Lessor shall be entitled to all costs and expenses of
collection incurred on both the trial and appellate levels,
including a reasonable attorney's fee, and in all other post
judgement proceedings of any kind or nature in any state in the
United States, including without limitation, all professional
fees, costs, and expenses paid, or incurred, including after
judgement, and/or which reduce or limit the amount awarded by
judgement or court order, such as, any contingency or flat fee
paid to any attorney or collection agent, which amount shall be
equal to the amount(s) awarded less the amount actually received
by Plaintiff in any state in the United States.
FORTY-SECOND: In the event Lessee's check in payment of any
obligation under this Lease is deposited and/or cashed by Lessor
and said check is not paid by Lessee's bank for any reason, then
Lessee hereby agrees to a "Bad Check Fee" of twenty-five dollars
($25.00) or five percent (5%) of the amount of the check,
whichever is greater. Re-depositing said check a second time and
the check's subsequent clearing does not alleviate the above
mentioned "Bad Check Fee." All other rights of the Lessor under
this Lease remain in effect. This fee shall be termed additional
rent.
FORTY-THIRD: In the event of a breach of this Lease by
Lessee, the Lessee hereby agrees that Lessor shall have the right
to lock the Lessee out of the leased premises by means of changing
keys, locks, adding locks, barricading, or any other means
available to Lessor according to Florida Statutes and that Lessee
hereby waives any right to recover damages for said lockout caused
for any reason, including but not limited to loss of business.
All other rights of the Lessor under this Lease remain in effect.
FORTY-FOURTH: Lessee shall not in any way pledge, mortgage,
or encumber this Lease or its rights under it.
5
FORTY-FIFTH: Any holding over after the expiration of the
term of this Lease with consent of Lessor shall be construed to be
a renewal on a month to month basis only, unless a new written
lease or a new written addendum to this Lease has been agreed to
and ratified by both Lessor and Lessee.
FORTY-SIXTH: A security deposit in the amount of $ 0
is hereby acknowledged by Lessor, and Lessee hereby agrees that
said security deposit cannot be used as payment of rent, including
payment of last month's rent. Rent must be paid in advance in
accordance with this Lease and the security deposit shall be held
by Lessor until the expiration of this Lease and may be applied
against any monies due or for damages incidental to this Lease.
If Lessee should be overdue in the payment of monthly rent or
other sums payable to Lessor on at least two or more occasions
during a year, Lessor may-require Lessee to increase the amount of
Security Deposit now held by Lessor by an amount sufficient to
cover at least two month?s rent. In this event, upon receipt of
the additional security sum, Lessor and Lessee shall evidence such
receipt by a letter signed and acknowledged by both parties to be
incorporated as part of this Lease.
FORTY-SEVENTH: The parties signing below as Lessee, or on
behalf of the Lessee, hereby certify that they have the authority
of the Lessee to sign this lease and make this lease legally
binding upon said Lessee.
FORTY-EIGHTH: If Lessee is a corporation or a partnership,
the person signing this Lease on behalf of such corporation or
partnership hereby warrants that he has full authority from such
corporation or partnership to sign this Lease and obligate the
corporation or partnership hereunder, and said person and the
corporation hereunder and said person and corporation or
partnership shall be jointly and severally liable for all rent and
any and all other amount that may be due and owing to Lessor under
the terms of this Lease, including attorney's fees and costs.
FORTY-NINTH: Lessee shall not commit, or allow to be
committed, any waste on the premises, create or allow any nuisance
to exist on the premises, or use or allow the premises to be used
for any unlawful purposes.
FIFTIETH: In the event Lessor has determined that Lessee,
either through the normal course of his business or for any other
reason, is using an excessive amount of water, an additional
water usage fee based on the pro-rata increase over the previous
period shall be paid by the Lessee to compensate Lessor for such
excessive water usage. Such charges shall be deemed additional
rent.
IN WITNESS WHEREOF, the parties hereto have hereunto executed
this instrument for the purpose herein expressed, the day and year
below written.
Signed, sealed and delivered in the presence of:
DATE 4/8/98 /s/Xxxx Xxxxxx (Seal)
WITNESS AS TO LESSOR XXXX XXXXXX, TRUSTEE, LESSOR
DATE 4/8/98 FAIRFAX GROUP, INC., LESSEE
(Seal)
WITNESS AS TO LESSEE
BY:/s/Xxxxxx X. Xxxxxx
Xxxxxx X. Xxxxxx, President
PRINT NAME AND TITLE
