Initials As To LANDLORD: _________ Initials as to TENANT: _________
SUNRISE 46, INC.
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0000 Xxxxxx Xxxx, Xxxxx 000 - Xxxxxxx, XX 00000 - (000) 000-0000 - Fax: (954)
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746-7306
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OFFICE / WAREHOUSE LEASE AGREEMENT
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This Lease made and entered into at Broward County, Florida, this 6TH day of
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MARCH, 2002, by and between
-- ----
SUNRISE 46, INC.
herein after called "LESSOR" and
DIAMOND POWERSPORTS, INC.
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FKA, DIAMOND RACING
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ATTN: XXXXXX OR XXXX XXXXXXX
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10145 & 00000 XX 00XX XXXXXX
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SUNRISE, FL 33351
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hereinafter called "LESSEE", the terms "LESSOR" and "LESSEE" being intended to
include the successors and assigns of the original parties and the heirs, legal
representatives, successors and assigns of the respective persons who from time
to time are Xxxxxx and Xxxxxx, wherever the context of this Lease so requires or
admits.
WITNESSETH:
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That the Lessor, for and in consideration of the rents herein reserved to be
paid by the Lessee, for and in consideration of the covenants to be kept and
performed by the Lessee, does hereby lease, let and demise unto the Lessee, the
following warehouse unit or units situated in Broward County, Florida, located
at and described as follows:
Address: 00000 & 00000 XX 00 Xxxxxx
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Sunrise, FL 33351
1. ACCEPTANCE OF DEMISE BY XXXXXX: The Lessee, in consideration of the
demise of said property by the Lessor, and for the further considerations herein
set out, has rented, leased and hired, and does hereby rent, lease and hire the
said property from the Lessor, on the terms and conditions hereinafter stated.
2. DURATION OF TERM:
a. The Primary Term and duration of the Lease shall be for a period of 2
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years, 0 months, 0 days, commencing the 1ST day of MAY, 2002 and terminating on
- - --- ---- ----
the 30THday of APRIL, 2004. In the event that the Demised Premises is still
---- ----- --
under construction on the commencement date, then the Primary Term shall be
adjusted so that the commencement date shall be deemed to be the day following
the issuance of a Certificate of Occupancy issued by the proper governmental
authority, or a certificate from a licensed architect confirming that the said
Premises has been materially completed and fit for occupancy and the termination
date shall be that certain date 2 years, 0 months, 0 days from the commencement
- - -
date as adjusted.
b. Provided the Lessee has not defaulted under the terms of this Lease, the
Lessee shall have the right, privilege and option of extending this Lease for an
additional period of years (hereinafter referred to as Secondary Term)
commencing upon the termination date of the Primary Term set forth above. Each
option period will automatically be deemed 'exercised' unless Lessee provides
Lessor with written intent to vacate the Premises via Certified Mail no less
than one hundred eighty (180) days before the start of any extended Lease Year.
For the purpose of this Agreement, a Lease Year is defined as beginning on MAY 1
---
of each calendar year.
3. AMOUNT OF RENT AND MANNER OF PAYMENT:
a. The Lessee shall pay unto the Lessor the minimum rent for the Primary
Term of this Lease the total rental in the sum of $20,988.00(TWENTY THOUSAND,
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NINE HUNDRED EIGHTY EIGHT AND 00/100 DOLLARS), said sum to be paid monthly in
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advance as follows:
MAY 02 - APRIL 03 - $1,650.00 base + $99.00 sales tax = $1,749.00 per month
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MAY 03 - APRIL 04 - $1,700.00 base + $102.00 sales tax = $1,802.00 per month
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b. In the event the commencement date is adjusted by reason of construction,
rent shall be paid and pro rated to the first day of the following month in
order that rent shall always be paid monthly in advance.
SUNRISE 46, INC.
July 16, 2002
Page 7 of 7
Initials As To LANDLORD: _________ Initials as to TENANT: _________
c. That simultaneously with the execution of this Lease, the Lessor
acknowledges that the Lessee has deposited with the Lessor the sum of
$630.70(SIX HUNDRED, THIRTY AND 70/100 DOLLARS), receipt of which said sum is
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hereby acknowledged by the Lessor, as a security deposit to guarantee the full
and faithful performance of all the terms, conditions and obligations to be
performed by the Lessee under the terms hereof; same to be returned upon the
expiration of this Lease.
d. In addition to the payments of rent to the Lessor, the Lessee shall also
pay the following:
i. REAL ESTATE TAXES: In the event of Real Estate Tax escalation, with
regard to Lessor's property located at 00000&00000 XX 00 Xxxxxx, Xxxxxxx, XX,
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Lessee agrees to pay its proportionate share of any escalation during the term
of this Lease and any renewal or extension thereof, including any period during
which Lessee shall transact business in the Demised Premises prior to the
commencement of the term of this Lease. Base year to be 2000. These charges
will be considered "additional rent" and will be subject to Late Fees as defined
herein if not paid within thirty (30) days after receipt of a written statement
from Lessor setting forth Lessee's share of such taxes and a copy of the
applicable real estate tax bill. For the purposes of this Article, the term
"Real Estate Taxes" shall include all real estate taxes, assessments, water and
sewer assessments, betterment assessments, sales and/or rent taxes, special
assessments, other governmental impositions and charges of every kind and nature
whatsoever, extraordinary as well as ordinary, foreseen and unforeseen and each
and every installment thereof which shall or may, during the Lease term, be
levied, assessed, imposed, become due and payable, or liens upon or arising in
connection with the use, occupancy or possession of, or grow due or payable out
of, or for, SUNRISE 46, INC. or any part thereof, and all costs incurred by
Xxxxxx in contesting, litigating or negotiating the same with the governmental
authority. Lessee's proportionate share shall be computed by multiplying the
total amount of the Real Estate Taxes each year by a fraction, the numerator of
which shall be the gross leasable area of the Demised Premises and the
denominator of which is the gross leaseable area of all building or portions
thereof (including the Demised Premises) occupied by Lessee in SUNRISE 46, INC.
determined as of the Commencement Date of the Lease and thereafter as of the
beginning of the calendar year in which such taxes are paid. Lessee hereby
waives any right it may have by statute or otherwise to protest real estate
taxes to any public taxing authority. Nothing herein contained shall be
construed to include as a tax which shall be the basis of real estate taxes, any
inheritance, estate, succession, transfer, gift, franchise, corporation, income
or profit tax or capital levy that is or may be imposed upon Lessor; provided,
however, that if at any time after the date hereof, the methods of taxation
shall be altered so that in lieu of or as a substitute for the whole or any part
of the taxes now levied, assessed or imposed (a) a tax on the rents received
from such real estate, or (b) a license fee measured by the rents receivable by
Lessor which is otherwise measured by or based in whole or in part upon SUNRISE
46, INC. or any portion thereof, or (c) an income or franchise tax, then the
same shall be included in the computation of real estate taxes hereunder,
computed as if the amount of such tax or fee so payable were that due if SUNRISE
46, INC. were the only property of Lessor subject thereto.
ii. Lessee shall pay to Lessor, together with each installment of Rent, all
sales or rent taxes from time to time imposed in connection with rents paid by
Lessee under this Lease.
e. COMMON AREAS:
i. Lessor shall make available within or adjacent to SUNRISE 46, INC. such
Common Areas, together with any Common Areas made available by means of cross
easements and/or reciprocal construction, operating and easement agreements, as
Lessor shall, from time to time, deem to be appropriate for SUNRISE 46, INC.
and Lessor shall operate and maintain such Common Areas for their intended
purpose. Lessee shall have the non-exclusive right during the term of this
Lease to use (for their intended purposes) the Common Areas for itself, its
employees, agents, customers, invitees, licensees and concessionaires subject,
however, to the provisions of this Article.
ii. All Common Areas shall be subject to the exclusive control and
management of Lessor, and Lessor shall have the right, at any time and from time
to time, to establish, modify, amend and enforce uniform rules and regulations
with respect to the Common Areas and the use thereof. Xxxxxx agrees to abide by
and conform with such rules and regulations upon notice thereof, to cause its
concessionaires, invitees and licensees and its and their employees and agents,
to abide and conform. Lessor shall have the right (a) to close, if necessary,
all or any portion of the Common Areas to such extent as may, in the opinion of
the Lessor's counsel, be reasonable necessary to prevent a dedication or public
taking thereof or the accrual of any rights of any person or of the public
therein, (b) to close temporarily all or any portion of the Common Areas to
discourage non-customers' use, (c) to use portions of the Common Areas while
engaged in making additional improvements or repairs or alterations to SUNRISE
46, INC., (d) to transfer, in whole or in part, any of Lessor's rights and/or
obligations under this Article, to any other Lessee(s), sub-Lessee(s), or other
occupant(s) of SUNRISE 46, INC. or to such other party(ies) or designee(s) as
Lessor may from time to time determine, and (e) to do and perform such other
acts (whether similar or dissimilar to the foregoing) in, to, and with respect
to, the Common Areas as in the use of good business judgment Lessor shall
determine to be appropriate for SUNRISE 46, INC. Lessee agrees to cause its
officers, employees, agents, licensees and any concessionaires to park their
respective automobiles, trucks, and other vehicles only in such parking places
in the Common Areas designated by the Lessor from time to time as the employee
parking area. Xxxxxx further agrees, upon request, to furnish to Lessor the
motor vehicle license numbers assigned to the vehicles of Lessee and any
concessionaire, their respective officers, agents, employees and licensees.
Lessor, after notice to Lessee that Lessee or any of its officers, employees,
agents, licensees, or concessionaires are not parking in said employee parking
area, may at its option, in addition to any other remedies it may have, tow away
any such vehicle at Lessee's expense and/or impose a parking fine of $10.00 for
each vehicle for each day or portion thereof that such violation(s) continues
after five (5) days notice to Lessee. Lessee shall not at any time interfere
with the rights of Lessor and other tenants, their officers, employees, agents,
licensees, customers, invitees and concessionaires, to use any part of the
parking areas and other Common Areas.
iii. Each bay will be allowed no more than two (2) vehicles parked on the
premises, in unassigned parking spaces at any given time.
4. XXXXXX'S SUBORDINATION TO MORTGAGE: It is specifically understood and
agreed by and between the Lessor and the Lessee that the Lessor may, from time
to time, secure mortgages on the Demised Premises from a bank, savings and loan
association, insurance company or other lender; and that this Lease is and shall
be subordinate to the lien of any mortgages; and the Lessee agrees that it will
execute such subordination and other documents or agreements as may be requested
or required by such lenders; however, that the mortgage and/or subordination
agreement, as the lender may direct, shall contain a provision which states, in
effect, that the Lessee shall not be disturbed in its possession and occupancy
of the Demised Premises during the term of this Lease, notwithstanding any such
mortgage or mortgages, provided that the Lessee shall comply with and perform
its obligations hereunder.
5. COVENANTS OF THE LESSEE: The Lessee hereby covenants and agrees with the
Lessor as follows:
a. That it will promptly pay the rent as herein specified without notice.
There will be a Late Fee of fifty dollars ($50.00) or ten percent (10%) of the
monthly rent, whichever is greater, if rent is not received by the fifth (5th)
day of each month. If rent has not been paid by the tenth (10th) day of any
month, the Late Fee will be an additional ten dollars ($10.00) per day,
retroactive to the first day of the month. If Tenant is served a 3-Day Notice
for failure to pay rent, there will be a charge of seventy five dollars ($75.00)
to cover administrative costs. If a check is returned unpaid by your bank, for
any reason, there will be a returned check fee in the amount of twenty-five
dollars ($25.00) or five percent (5%) of the check, whichever amount is greater.
If a check is returned unpaid, all future payments must be by cash, cashiers
check or money order. All costs defined above shall be considered "additional
rent", and will be due and payable as such.
b. That it will keep the interior portion of the Demised Premises and the
improvements placed therein in a good state of repair, and it will be
responsible for all repairs including the painting, maintenance and interior
repairs to the interior of the building including all windows, doors and
openings, all electrical, heating, plumbing, air conditioning and other systems
installed within or without of the building. It is intended that the Lessor
will maintain the exterior masonry of the building and roof area only; the
Lessee shall maintain everything else. It is acknowledged, however, that if
Xxxxxx installs and maintains T.V. antennas, air conditioning and/or signs,
lighting, and/or other equipment, objects or materials and the like, on the roof
of the Premises (and such installation shall be only on the roof directly over
the Premises leased by the Lessee), the Lessee shall be solely responsible for
all of said area over the Demised Premises and any other area affected by the
installation or maintenance work thereon.
c. That it will use the dumpsters solely for the disposal of normal office
trash, i.e. papers, lunch bags, etc., and at no time will cardboard containers
be placed in the dumpsters for removal.
d. INDEMNITY AND INSURANCE:
i. Lessee agrees to save Lessor harmless from, and indemnify Lessor against,
to the extent permitted by law, any and all injury, loss or damage, and any and
all claims of injury, loss or damage, of whatever nature (a) caused by or
resulting from, or claimed to have been caused by or to have resulted from, any
act, omission or negligence of Lessee or anyone claiming under Lessee
(including, but without limitation, subtenants and concessionaires of Lessee and
employees and contractors of Lessee or its subtenants or concessionaires), no
matter where occurring, or (b) occurring upon or about the Demised Premises, no
matter how caused. This indemnity and hold harmless agreement shall include
indemnity against all costs, expenses and liabilities incurred in connection
with any such injury, loss or damage or any such claim, or any proceeding
brought thereon or the defense thereof. If Lessee or anyone claiming under
Lessee, or the whole or any other part of the property of Lessee or anyone
claiming under Lessee shall be injured, lost or damaged by theft, fire, water or
steam, or in any other way or manner, whether similar or dissimilar to the
foregoing, no part of said injury, loss or damage is to be borne by Lessor or
its agents unless the same shall be caused by or result solely from the fault of
negligence of Lessor or its agents. Xxxxxx agrees that Lessor shall not be
liable to Lessee or anyone claiming under Lessee for any injury, loss, or damage
that may be caused by or result from the fault or negligence of any persons
occupying adjoining Premises or any other part of the Entire Premises.
ii. Lessee will maintain general comprehensive public liability insurance,
with respect to the Demised Premises and its appurtenances, naming Lessor and
Lessee as insured, in amounts not less than One Million ($1,000,000.00) Dollars
with respect to injuries to any one person and not less than One Million
($1,000,000.00) Dollars with respect to injuries suffered in any one accident,
and not less than One Million ($1,000,000.00) Dollars with respect to property.
Lessee will keep all plate glass insured naming Lessor and Xxxxxx as insured as
their interest may appear. Lessor may, from time to time, increase the amount
of such Public Liability insurance coverage by giving ninety (90) days prior
written notice thereof to Lessee, in which event, all subsequent policies
acquired by Lessee shall conform to the new insurance requirements. Lessee
shall deliver to Lessor the policies of such insurance, or certificates thereof,
at least fifteen (15) days prior to the commencement of the term of this Lease,
and each renewal policy or certificate thereof, at least fifteen (15) days prior
to the expiration of the policy it renews. In the event Lessee does not deliver
the policies and certificates of insurance to Lessor as aforesaid, Lessor shall
have the right to purchase said insurance on behalf of Lessee, and upon
submission to Lessee of a bill for the amount paid by Lessor, Lessee shall remit
within five (5) days of receipt of said statement the amount owed, together with
interest thereon at a rate equal to the highest rate allowed by law to be
charged by Lessor per annum. In the event of an increase in Lessors Insurance
Premium, with regard to Lessor's property located at 00000&00000 XX 00 Xxxxxx,
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Sunrise, FL, Lessee agrees to pay its proportionate share of any escalation
during the term of this Lease and any renewal or extension thereof, including
any period during which Lessee shall transact business in the Demised Premises
prior to the commencement of the term of this Lease. Base year to be 2000.
These charges will be considered "additional rent" and will be subject to Late
Fees as defined herein if not paid within thirty (30) days after receipt of a
written statement from Lessor setting forth Lessee's share of such an increase.
e. That the Lessee may not assign this Lease, or let, underlet, or sublet,
the whole or any part of said Premises, without t he written consent of the
Lessor, such consent shall not be unreasonably withheld. There will be a Two
hundred Fifty Dollar ($250.00) administrative fee for the subleasing or
assigning of this Lease Agreement to another party, only after written consent
is received from Lessor.
f. That Lessee will not occupy or use said Premises, nor permit the same to
be occupied or used for any business which is unlawful. That it will comply
with all lawful requirements of the Board of Health, Police Department, Fire
Department, Municipal, County, State, Federal and any and all other agents,
agencies, or authorities respecting the manner in which it uses the Leased
Premises.
g. That at the expiration of said term or any extension or renewal thereof,
it will quit and surrender the Demised Premises in a good and substantial state
of repair, reasonable wear and tear excepted. The Lessee shall be responsible
for any damage created by reason or by virtue of the conduct of its business;
and shall return the Demised Premises in its original state, reasonable wear and
tear excepted.
Initials As To LANDLORD: _________ Initials as to TENANT: _________
h. That Lessee shall not use the Premises for any purpose which may increase
the standard rate of fire, windstorm, extended coverage and liability insurance;
that in the event standard rates of insurance cannot be obtained by reason of
the Lessee's use of the Demise Premises, then and in that event, the Lessee
shall, forthwith upon notice, at Lessor's option, either desist from said
unacceptable use and/or pay such additional insurance premiums.
i. That not withstanding the terminology contained in subparagraph B above,
or elsewhere in this Lease Agreement, signs shall not be erected and/or attached
to any portion of the Demised Premises without the express written consent of
the Lessor. Xxxxxx acknowledges that the Lessor demands uniformity and the sole
discretionary right to determine the size, materials, and lighting thereof; and
according, the Lessor may, at its option, order and have installed the signs
from one source, same to be at the sole cost and expense of the Lessee;
provided, however, that the Lessee shall first approve same. Violation of this
restriction shall allow Lessor to remove such signs without notice and at cost
of Lessee.
j. That Lessee shall not use the interior and/or exterior portion of the
Demised Premises so as to cause any noise, noxious odors, accumulation of
materials, supplies, equipment vehicles, waste, or garbage, vibrations, damage
or any other disturbance or nuisance whatsoever which may create undue annoyance
or hardship to another Lessee of the Lessor, and/or to the Lessor and/or a
hazard or element of waste to Lessor's property. The Lessee shall not make any
change to the exterior and/or interior portion of the building without the
express written consent of the Lessor, and particularly the Lessee will not
cause anything to be done which may impair the overall appearance of the
Lessor's building. Although the Demised Premises is intended to include the
exterior walls and parking spaces immediately in front of the Premises, the
Lessee covenants that it shall not use the exterior portion of the Demised
Premises except for parking and ingress and egress. The Lessee shall not cause
the access street(s) in SUNRISE 46, INC. to be blocked so as to cause any
disruption of traffic by reason of loading, deliveries, etc.
k. That Lessee accepts the Demised Premises in its present ("as is")
condition. In the event that the Demised Premises have not been completely
constructed as of the execution of the Lease, then in that event, the Lessee
acknowledges that Xxxxxx has inspected the plans and specifications and accepts
substantial completion of same pursuant to the plans; there being no further
representations or warranty by Xxxxxx.
l. That the Lessor or Xxxxxx's agent may, at any reasonable time, enter and
view said Xxxxxxxx and make repairs, if Xxxxxx should elect to do so.
m. That the Lessee takes all risk of any damage to Xxxxxx's property that
may occur by reason of water or the bursting or leaking of any pipes or waste
water about said Premises, or from any act of negligence of any co-tenant or
occupants of the building, or of any other person, or fire, or hurricane, or
other act of God, or from any cause whatsoever.
n. That Lessee shall indemnify and save harmless the said Lessor from and
against any and all claims, suits, actions, damages, and/or causes of action
arising during the term of this Lease for any personal injury, loss of life
and/or damage to property sustained in or about the Leased Premises, by reason
or as a result of the Lessee's occupancy thereof, and from and against any
orders, judgments, and/or decrees which may be entered thereon, and from and
against all cost, counsel fees, expenses and liabilities incurred in and about
the defense of any such claim and the investigation thereof.
o. Lessee hereby authorizes Lessor or it's agents to, at any time Lessor
desires, investigate credit of Xxxxxx through a credit agency or other means.
p. Lessee agrees to acquire an air conditioning maintenance/service contract
on all central air conditioning units in demised space. This
maintenance/service contract must include not less than four (4) full service
maintenance calls per annum.
q. Xxxxxx agrees not to use any space outside of demised premises for
storage including, but not limited to vehicles. A Twenty Five Dollar ($25.00)
administrative fee will be assessed to Lessee for each occurrence of outside
storage, upon a notice being issued on vehicle or property by Lessor or its
agents. All vehicles stored on premises are subject to towing at Owner's
expense.
Initials As To LANDLORD: _________ Initials as to TENANT: _________
6. COVENANTS OF THE LESSOR: The Lessor hereby covenants and agrees with the
Lessee as follows: That Lessee on paying the rental and performing the
covenants herein agreed to by it to be performed shall remain peaceably and
quietly in possession, have, hold and enjoy the Demised Premises for the said
term(s). The Lessor, however, shall not be responsible to the Lessee if any
prior Lessee shall refuse to vacate the Premises upon the expiration of such
tenant's Leasehold estate.
7. ADDITIONAL MUTUAL COVENANTS: The following stipulations and agreements
are expressly understood by both the Lessor and the Lessee and they do hereby
agree to abide by them:
a. That upon the breach of any of the covenants, conditions and stipulations
herein contained to be kept and performed by the Lessee, the Lessor may
immediately without notice and without the necessity of legal process, re-enter
said Premises, and thereupon, at the Lessor's option, said Lease shall forthwith
be terminated and/or the Lessor may exercise any of the options herein before
provided for the Lessor's benefit in case of default on the part of the Lessee.
b. That in the event improvements on the Demised Premises shall be partially
damaged by fire or other casualty but not rendered untenantable, the same shall
be repaired with due diligence by the Lessor and at its expense. If the Demised
Premises shall be damaged by fire, the elements or unavoidable casualty, leaving
not less than 60% of the Leased floor space usable for Lessee's purposes and
rendering the Premises unfit for occupancy the Lessor shall, within sixty (60)
days after said damage, advise the Lessee of its intention to rebuild the
Premises. Provided that the Lessor elects to rebuild the Premises, the Lessor
shall proceed with such construction and complete same with all reasonable
diligence. In the event the Lessor elects not to reconstruct, then and in that
event, the Lease shall be deemed terminated as of the date of Xxxxxx's removal
provided that the Lessee removes itself from the Premises within thirty (30)
days of the date of said election. In the event of said damage, but rendering
the Premises not more than 25% untenantable by the Lessee, the rent provided for
herein shall not be abated. If said Premises are rendered more than 25%
untenantable, then and in that event, the rent during the period that the
Premises are in said condition shall be reduced in direct proportion to that
portion of the Premises which is in fact untenantable.
c. That the covenants and agreements contained in this Lease are
interdependent and are binding on the parties hereto, their successors and
assigns. This Lease has been prepared in several counterparts, each of which
said counterpart, when executed, shall be deemed to be an original hereof.
d. That if the Lessee shall not pay the rents herein reserved at the time
and in the manner stated, or shall fail to keep and perform any other condition,
stipulation or agreement herein contained on the part of the Lessee to be kept
and performed, or in the event that any petition or suit shall be filed by or
against the Lessee under the bankruptcy laws (State or Federal) or make an
assignment for the benefit of creditors, or should there be appointed a Receiver
to take charge of the Premises either in the State courts, or in the Federal
courts, then in any of such events, the Lessor may, at Lessor's option,
terminate and end this Lease and re-enter upon the property, whereupon the term
hereby granted and at the Lessor's option, all right, title and interest under
it, shall end and the Lessee become a Lessee at sufferance, or else, said Lessor
may, at Lessor's option, elect to declare the entire rent for the balance of the
term due and payable forthwith, and may proceed to collect the same by distress
or otherwise, and thereupon said term shall terminate, at the option of the
Lessor or else and said Lessor may take possession of the Premises and rent the
same for the account of the Lessee, the exercise of any of which options herein
contained shall not be deemed the exclusive Lessor's remedy, the expression
"entire rent for the balance of the term" as used herein, shall mean all of the
rent prescribed to be paid by the Lessee unto the Lessor for the full term of
the Lease; less, however, any payments that shall have been made on account of
and pursuant to the terms of said Xxxxx.
e. That, at Lessor's option, if the Lessee shall abandon, vacate or remove
the major portion of the goods, wares, merchandise, machinery, equipment and any
other material held on the Premises in the course of business, usually kept on
said Premises when the same is open for business and shall cease doing business
in said Premises, then and in such event, this Lease shall immediately become
canceled and null and void and all payments made by said Lessee shall be
retained by Lessor as payment in full for the period of time the Premises are
occupied by the Lessee and Xxxxxx shall not be entitled to any monies to paid by
it, even though such payment is for time subsequent to such closing of the
Premises and removal of the goods, wares, merchandise, machinery, equipment,
etc.
F:\OFFICE\WPWIN\CORRESPO\SUN46\Diarac New Lease.wpd
f. Xxxxxx agrees that in case of the failure of the said Lessee to pay the
rent herein reserved when the same shall become due and it becomes necessary for
the Lessor to collect said rent through an attorney, the Lessee will further pay
a reasonable attorney's fee together with all costs and charges thereof.
g. That if Lessee shall hereafter install, at its expense, any lighting, and
other fixtures, unit heaters, portable air conditioning units, portable
partitions or any trade fixtures, they shall become the property of the Lessor
upon the termination of this Lease. If Lessee shall hereafter install or apply
any shelving, advertising signs or other standard identifications of Lessee, any
article so installed or any identification so applied shall be the property of
Lessee, which Lessee may remove at the termination of this Lease, provided that
in such removal Lessee shall repair any damage occasioned to the Demised
Premises, in good workmanlike manner. The Lessee shall not remove any fixtures,
equipment, or additions which are normally considered to be affixed to the
realty, such as, but not limited to, electrical conduit and wiring, panel or
circuit boxes, terminal boxes, partition walls, paneling, central air
conditioning and ducts, plumbing fixtures, or any other equipment or material
affixed to the structure.
h. That Lessor shall have the right to affix a reasonable sign to the
Premises six months prior to the termination of the Lease advertising same for
rent and the Lessor shall have the right to exhibit the Premises during said six
months, provided that same is during business hours and not more frequently than
once every day.
i. That notices as herein provided shall be given by registered or certified
mail, return receipt requested, and post paid and mailed to the Lessor at:
SUNRISE 00, XXX.
0000 Xxxxxx Xxxx, Xxxxx 000
Xxxxxxx, XX 00000
and to the Lessee at the Demised Premises. The address for giving said notices
may be changed by the Lessor or Lessee in writing, at the address set forth
herein, or as modified.
j. That any provision herein contained which shall appear to be intended to
survive the expiration of this Lease shall survive such expiration date.
k. That the Lessee shall use and occupy the Premises for the purpose of ALL
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LEGAL BUSINESS RELATED TO DIAMOND RACING and for no other purpose.
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l. Dogs are not permitted on the premises.
m. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present a health risk 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 can be obtained from your County
Public Health Unit.
8. SPECIAL CLAUSES:
a. Upon signing of this Lease agreement, Xxxxxx acknowledges that a Security
Deposit in the amount of $630.70 is on deposit with this office.
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b. Lessee may terminate lease on 10145 & 10147 with SUNRISE 46, INC. upon the
purchase of a building by Xxxxxx for Xxxxxx's use, upon 120 day written
notice to Lessor where said notice begins at the beginning of the month
following receipt of said notice.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
on the day and year first above written.
WITNESSES:
LESSOR: SUNRISE 46, INC.
____________________________________
BY: XXXXXXXX X. XXXXX, PRESIDENT
____________________________________
___________________________________________
LESSEE: DIAMOND RACING
____________________________________
BY: XXXXXX & XXXX XXXXXXX
____________________________________
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Lessee's Social Security Number:_________________
