This Lease Agreement, made the 30 day of November, 1989, Between Xxxxx Realty
residing or located at 0000 Xxxxx Xxxxxx Xxxxxx in the Township of Lakewood in
the County of Ocean and State of New Jersey, herein designated as the
Landlord, and Focus Medical Products residing or located 00 Xxxxxxxx Xxxxxx in
the Township of Edison in the County of Middlesex and State of New Jersey,
herein designated a the Tenant; the Landlord, the following described
premises: Industrial building on the corner of Swarthmore Avenue and Rutgers
Avenue, also known as Xxx 00 Xxxxx 0000 for a term of five (5) years and Two
(2) months commencing on Approx. December 15, 1989, and ending on February 15,
1995, to be used and occupied only and for no other purpose than for the
operation of their Company (Focus Medical Products) which sells and
distributes Medical products.
Upon the following Conditions and Covenants:
1st: The Tenant covenants and agrees to pay to the Landlord, as rent for and
during the term hereof, the sum of 91,875.00 for five (5) years, payable in
the following manner: Starting March 7, 1990 - Sixty (60) monthly payments of
$1,531.25
2nd: The Tenant has examined the premises and has entered into this lease
without any representation on the part of the Landlord as to the condition
thereof. The Tenant shall take good care of the premises and shall at the
Tenant's own cost and expense, make all repairs, including painting and
decorating, and shall maintain the premises in good order and condition, wear
and tear from a reasonable use thereof, and damage by the elements not
resulting from the neglect r fault of the Tenant, excepted. The Tenant shall
neither encumber nor obstruct the sidewalks, driveways, yard, entrances,
hallways and stairs, but shall keep and maintain the same in a clean
condition, free from debris, trash, refuse, snow and ice.
3rd: In case of the destruction of or any damage to the glass int eh leased
premises, or the destruction of or damage of any kind whatsoever to the said
premises, caused by the carelessness negligence or improper conduct on the
part of the Tenant or the Tenant's agents, employees, guests, licenses,
invitees, subtenants, assignees or successors, the Tenant shall repair the
said damage or replace or restore any destroyed parts of the premises, as
speedily as possible, at the Tenant's own cost and expense.
4th: No alterations, additions or improvements shall be made, and no climate
regulating, air conditioning, cooling, heating or sprinkler systems,
television or radio antennas, heavy equipment, apparatus and fixtures, shall
be installed in or attached to the leased premises, without the written
consent of the Landlord. Unless otherwise provided herein, all such
alterations, additions or improvements and systems, when made, installed not
attached to the said premises, shall belong to and become the property of the
Landlord and shall be surrendered with the premises and as part thereof upon
the expiration or sooner termination of this lease, without hindrance,
molestation or injury.
5th: The Tenant shall not place nor allow to be placed any signs of any kind
whatsoever, upon in or about the said premises or any part thereof, except of
a design and structure and in or at such places as may be indicated and
consented to by the Landlord in writing. In case the Landlord or the
Landlord's agents, employees or representatives shall deem it necessary to
remove any such signs in order to paint or make any repairs, alterations or
improvements in or upon said premises or any part thereof, they may be so
removed, but shall be replaced at the Landlord's expense when the said
repairs, alterations or improvements shall have been completed. Any signs
permitted by the Landlord shall at all times conform with all municipal
ordinances or other laws and regulations applicable thereto.
6th: The Tenant shall pay when due all the rents or charges for water or
other utilities used by the Tenant, which are or may be assessed or imposed
upon the leaned premises or which are or may be charged to the Landlord by the
suppliers thereof during the tem hereof, and if not paid, such rents or
charges shall be added to and become payable as additional rent with the
installment of rent next due within 30 days of demand therefor, whichever
occurs sooner.
7th: The Tenant shall promptly comply with all laws, ordinances, rules,
regulations, requirements and directives of the Federal, State and Municipal
Governments or Public Authorities and of all their departments, bureaus and
subdivisions, applicable to and affecting the said premises, their use and
occupancy, for the correction, prevention and abatement of nuisances,
violations or other grievances in, upon or connected with the said premises,
during the term hereof; and shall promptly comply with all orders,
regulations, requirements and directives of the Board of Fire Underwriters or
similar authority and of any insurance companies which have issued or are
about to issue policies of insurance covering the said premises and its
contents, for the prevention of fire or other casualty, damage or injury, at
the Tenant's own cost and expense.
8th: The Tenant, at Tenant's own cost and expense, shall obtain or provide
and keep in full force for the benefit of the Landlord, during the term
hereof, general public liability insurance, insuring the Landlord against any
and all liability or claims of liability arising out of, occasioned by or
resulting from any accident or otherwise in or about the leased premises, for
injuries to any person or persons, for limits of not less than $1,000,000.00
or injuries to one person and $ for injuries to more than one
person, in any one accident or occurrence, and for loss or damage to the
property of any person or persons, for not less than $1,000,000.00 The policy
or policies of insurance shall be of a company or companies authorized to do
business in this State and shall be delivered to the Landlord, together with
evidence of the payment of the premiums therefor, not less than fifteen days
prior to the commencement of the term hereof or of the date when the Tenant
shall enter into possession, whichever occurs sooner. At least fifteen days
prior to the expiration or termination date of any policy; the Tenant shall
deliver a renewal or replacement policy with proof of the payment of the
premium therefor. The Tenant also agrees to and shall save, hold and keep
harmless and indemnify the Landlord from and for any and all payments,
expenses, costs, attorney fees and from and for any all claims and liability
for losses or damage to property or injuries to persons occasioned wholly or
in part by or resulting from any acts or omissions by the Tenant or the
Tenant's agents, employees, guests, licenses, invitees, subtenants, assignees
or successors, or for any cause or reason whatsoever arising out of or by
reason of the occupancy by the Tenant and the conduct of the Tenants business.
9th: The Tenant shall not, without the written consent of the landlord,
assign, mortgage or hypothecate this lease, nor sublet or sublease the
premises or any part thereof.
10th: The Tenant shall not occupy or use the leased premises or any part
thereof, nor permit or suffer the same to be occupied or used for any purposes
other than as herein limited, nor for any purpose deemed unlawful,
disreputable, or extrahazardous, on account of fire or other casualty.
11th: This lease shall not be a lien against the said premises in respect
to any mortgages that may hereafter be placed upon said premises. The
recording of such mortgage or mortgages shall have preference and precedence
and be superior and prior in lien to this lease, irrespective of the date of
recording and the Tenant agrees to execute any instruments, without cost,
which may be deemed necessary or desirable, to further effect the
subordination of this lease to any such mortgage or mortgages. A refusal by
the Tenant to execute such instruments shall entitle the Landlord to the
option of canceling this lease, and the term hereof is hereby expressly
limited accordingly.
12th: If the land and premises leased herein, or of which the leased
premises are a part, or any portion thereof, shall be taken under eminent
domain or condemnation proceedings or actions, the Landlord shall grant an
option to purchase and or shall sell and convey the said premises or any
portion thereof, to the governmental or other public authority, agency, body
or public utility, seeking to take said land and premises or any portion
thereof, then this lease, at the option of the Landlord, shall terminate, and
the term hereof shall end as of such date as the Landlord shall fix by notice
in writing; and the Tenant shall have no claim or right to claim or be
entitled to any portion of any amount which may be awarded as damages or paid
as the result of such condemnation proceedings or paid as the purchase price
for such option, assigned to the Landlord. The Tenant agrees to execute and
deliver any instruments, at the expense of the Landlord, as may be deemed
necessary or required to expedite any condemnation proceedings or to
effectuate a proper transfer of title to such government or other public
authority, agency, body or public utility seeking to take or acquire the said
lands and premises or any portion thereof. The Tenant covenants and agrees to
vacate the said premises, remove all the Tenant's personal property therefrom
and deliver up peaceable possession thereof to the Landlord or to such other
party designated by the Landlord in the aforementioned notice. Failure by the
Tenant to comply with any provisions in this clause shall subject the Tenant
to such costs, expenses, damages and losses as the Landlord may incur by
reason of the Tenant's breach hereof.
13th: In case of fire or other casualty, the Tenant shall give immediate
notice to the Landlord. If the premises shall be partially damaged by fire,
the elements or other casualty, the Landlord shall repair the same as speedily
as practicable, but the Tenant's obligation to pay the rent hereunder shall
not cease. If, in the opinion of the Landlord, the premises be so extensively
and substantially damaged as to require practically a rebuilding thereof, then
the rent shall be paid up to the time of such destruction and then and from
thenceforth this lease shall come to an end. In no event however, shall the
provisions of this clause become effective or be applicable, if the fire or
other casualty and damage shall be the result of the carelessness, negligence
or improper conduct of the Tenant or the Tenant's agents, employees, guests,
licensees, invitees, subtenants, assignees or successors. In such case, the
Tenant's liability for the payment of the rent and the performance of all the
covenants, conditions and terms hereof on the Tenant's part to be performed
shall continue and the Tenant shall be liable to the Landlord for the damage
and loss suffered by the Landlord. If the Tenant shall have been insured
against any of the risks herein covered, then the proceeds of such insurance
shall be paid over to the Landlord to the extent of the Landlord's costs and
expenses to make the repairs hereunder, and such insurance carriers shall have
no recourse against the Landlord for reimbursement.
14th: If the Tenant shall fail or refuse to comply with and perform any
conditions and covenants of the within lease, the Landlord may, if the
Landlord so elects, carry of and perform any conditions and covenants, at the
cost and expense of the Tenant, and the said cost and expense shall be payable
on demand, or at the option of the Landlord shall be added to the installment
of rent due immediately thereafter but in no case later than one month after
such demand, whichever occurs sooner, and shall be due and payable as such.
This remedy shall be in addition to such other remedies as the Landlord may
have hereunder by reason of the breach by the Tenant of any of the covenants
and conditions in this lease contained.
15th: The Tenant agrees that the Landlord and the Landlord's agents,
employees or other representatives, shall have the right to enter into and
upon the said premises or any part thereof, at all reasonable hours, for the
purpose of examining the same or making such repairs or alterations therein as
may be necessary for the safety and preservation thereof. This clause shall
not be deemed to be a covenant by the Landlord nor be construed to create an
obligation on the part of the Landlord to make such inspection or repairs.
16th: The Tenant agrees to permit the Landlord and the Landlord's's
agents, employees or other representatives to show the premises to persons
wishing to rent or purchase the same, and Tenant agrees that on and after next
proceeding the expiration of the term hereof, the Landlord or the Landlord's's
agents, employees or other representative to shall have the right to place
notices on the front of said premises or any part thereof, offering the
premises for rent or for sale; and the Tenant hereby agrees to permit the same
to remain there on without hindrance or molestation.
17th: If for any reason it shall be impossible to obtain fire and other
hazard insurance on the buildings and improvements on the leased premises, in
an amount and in the form and in insurance companies acceptable to the
Landlord, the Landlord may, if the Landlord so elects at any time thereafter,
terminate this lease and the term hereof, upon giving to the Tenant fifteen
days notice in writing of the Landlord's intention so to do, and upon the
giving of such notice, this lease and the term thereof shall terminate. If by
reason of the use to which the premises are put by the Tenant or character of
or the manner in which the Tenant's business is carried on, the insurance
rates for fire and other hazards shall be increased. Such payment shall be
paid with the next installment of rent but in no case later than one month
after such demand whichever occur's sooner.
18th: Any equipment, fixtures, goods or other property of the Tenant, not
removed by the Tenant upon the termination of this lease, or upon any
quitting, vacating or abandonment of the premises by the Tenant, or upon the
Tenant's eviction, shall be considered as abandoned and Landlord shall have
the right, without any notice to the Tenant to sell otherwise dispose of the
same, at the expense of the Tenant, and shall not be accountable to the Tenant
for any part of the proceeds of such sale, if any.
19th: If the should occur any default on the part of the Tenant in the
performance of any conditions and covenants herein contained, or if during the
term hereof the premises or any part thereof shall be or become abandoned or
deserted, vacated or vacant, or should the Tenant be evicted by summary
proceedings or otherwise, the Landlord, in addition to any other remedies
herein contained or as may be permitted by law, may either by force of
otherwise, without bing liable for prosecution therefor, or for damages, re-
enter the said premises and the same have and again possess and enjoy; and as
agent for the Tenant of other wise, re-let the premises and receive the rents
therefor and apply the same, first to the payment of such expenses, reasonable
attorney fees and costs, as the Landlord may have been put to in re-entering
the repossessing the same and in making such repairs and alterations as may be
necessary; and second to the payment of the rents due hereunder. The Tenant
shall remain liable for such rents as may be in arrears and also the rents as
may accrue subsequent to the re-entry by the Landlord, to the extent t of the
difference between the rents reserved hereunder and the rents, if any,
received by the Landlord during the remainder of the unexpired tem hereof,
after deducting the a fore mentioned expenses, fees and costs; the same to be
paid as such deficiencies arise and are ascertained each month.
20th: Upon the occurrence of any of the contingencies set forth in the
proceeding clause, or should the Tenant be adjudicated a bankrupt, insolvent
or placed in receivership, or should proceedings be instituted by or against
the Tenant for bankruptcy, insolvency, receivership, agreement of composition
or assignment for the benefit of creditors, or if this lease or the estate of
the Tenant hereunder shall pass to another by virtue of any court proceedings,
writ of execution, levy, sale, or by operation of law, the Landlord may, if
the Landlord so elects, at any time thereafter, terminate this lease and the
term hereof, upon giving to the Tenant or to any trustee, receiver , assignee
or other person in charge of or acting as custodian of the assets or property
of the Tenant, five days notice in writing, of the Landlord's intention so to
do. Upon the giving of such notice, this lease and the term hereof shall end
on the date fixed in such notice, this lease and the term hereof shall end on
the date fixed in such notice, this lease and the term hereof shall end on the
date fixed in such notice as if the aid date was the date originally fixed in
this lease for the expiration hereof; and the Landlord shall have the right to
remove all persons, goods, fixtures and chattels therefrom, by force
otherwise, without liability for damages.
21st: The Landlord shall not be liable for any damage or injury which may be
sustained by the Tenant or any other person, as a consequence of the failure,
breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste
or soil pipes, roof, drains, leaders, gutters, valleys, down spouts or the
like or of the electrical, gas, power, conveyor, refrigeration, sprinkler,
air-conditioning or heating systems, elevators or hoisting equipment; or by
reason of the elements; or resulting from the carelessness, negligence
improper conduct on the part of any other Tenant or of the Landlord or the
Landlord's or this or any other Tenant's agents, employees, guests, licensees,
invitees, subtenants, assignees or successors; or attributable to any
interference with, interruption of our failure, beyond the control of the
landlord, of any services to be furnished or supplied by the Landlord.
22nd: The various rights, remedies, options and elections of the Landlord,
expressed herein, are cumulative, and the failure of the Landlord to enforce
strict performance by the Tenant of the conditions and covenants of this lease
or to exercise any election or option or to resort or have recourse to any
remedy herein conferred or the acceptance by the Landlord of any installment
of rent after any breach by the Tenant in any
23rd: This lease and the obligation of the Tenant to pay the rent hereunder
and to comply with the covenants and conditions hereof, shall not be affected,
curtailed, impaired or excused because of the Landlord's inability to supply
any service or material called for herein, by reason of any rule, order,
regulation or preemption by any governmental entity, authority, department,
agency or subdivision or for any delay which may arise by reason of
negotiations for the adjustment of any fire or other casualty loss or because
of strikes or other labor trouble or for cause beyond the control of the
Landlord.
24th: The terms, conditions, covenants and provisions of this lease shall be
deemed to be severable. If any clause or provision herein contained shall be
adjudged to be invalid or unenforceable by a court of competent jurisdiction
or by operation of any applicable law, kt shall not affect the validity of any
other clause or provision herein, but such other clauses or provisions shall
remain in full force and effect.
25th: All notices required under the terms of this lease shall be given and
shall be complete by mailing such notices by certified or registered mail,
return receipt requested, to the address of the parties as shown at the head
of this lease, or to such other address as may be designated in writing, which
notice of change of address shall be given in the same manner.
26th: The Landlord covenants and represents that the Landlord is the owner of
the premises herein leased and had the right and authority to enter into,
execute and deliver this lease; and does further covenant that the Tenant on
paying the rent and performing the conditions and covenants herein contained,
shall and may peaceably and quietly
have, hold and enjoy the leased premises for the term aforementioned.
27th: This lease contains the entire contract between the parties. No
representative, agent or employee of the Landlord has been authorized to make
any representations or promises with reference to the within letting or to
vary, alter or modify the terms hereof. No additions, changes or
modifications, renewals or extensions hereof, shall be binding unless reduced
to writing and signed by the Landlord and the Tenant.
28th: If in any calendar year during the term and of any renewal or extension
of the term hereof, the annual municipal taxes assessed against the land and
improvements lease hereunder of which the premises herein leased are a part,
shall be greater than the municipal taxes assessed against the said lands and
improvements for the calendar year 19 , which is hereby designated as
the base year, then, in addition to the rent herein fixed, the Tenant agrees
to pay a sum equal to of the amount by which said tax exceeds
the annual tax for the base year, inclusive of any increase during any such
calendar year. The said sum shall be considered as additional rent and shall
be paid in as many equal installments as there are months remaining in the
calendar year in which said taxes exceed the taxes of the base year, on the
first day of each month in advance, during the remaining months of that year.
If the term hereof shall commence after the first day of January or shall
terminate prior to the last day of December in any year, then such additional
rent resulting from a tax increase shall be proportionately adjusted for the
fraction of the calendar year involved.
29th: If any mechanics' or other liens shall be created or filed against the
leased premises by reason of labor performed or materials furnished for the
tenant in the erection, construction, completion, alteration, repair of
addition to any building or improvement, the Tenant shall upon demand, at the
Tenant's own cost and expense, cause such lien or liens to be satisfied and
discharged of record together with any Notices of Intention that may have been
filed. Failure so to do, shall entitle the Landlord to resort to such
remedies as are provided herein in the case of any default of this lease, in
addition to such as are permitted by law.
30th: The Tenant waives all rights of recovery against the Landlord or
Landlord's agents, employees or their representatives, for any loss, damages
or injury of any nature whatsoever to property or persons for which the Tenant
is insured. The Tenant shall obtain from Tenant's insurance carriers and will
deliver to the Landlord, waivers of the subrogation rights under the
respective policies.
31st: The Tenant has this day deposited with the Landlord the sum of
$1,531.25 as security for the payment of the rent hereunder and the full and
faithful performance by the Tenant of the covenants and conditions on the part
of the tenant to be performed. Said sum shall be returned to the Tenant,
without interest, after the expiration of the term hereof, provided that the
Tenant has fully and faithfully performed all such covenants and conditions
and it not in arrears in rent. During the term hereof, the Landlord may, if
the Landlord so elects, have recourse to such security, to make good any
default by the Tenant, in which event the Tenant shall, on demand, promptly
restore said security to its original amount. Liability to repay said
security to the Tenant shall run with the reversion and title to said
premises, whether any change in ownership thereof be by voluntary alienation
or as the result of judicial sale, foreclosure or other proceedings, or the
exercise of a right of taking or entry by any mortgagee. The Landlord shall
assign or transfer said security, for the benefit of the Tenant, to any
subsequent owner or holder of the reversion or title to said premises, in
which case the assignee shall become liable for the repayment thereof as
herein provided, and the assignor shall be deemed to be released by the Tenant
from all liability to return such security. This provision shall be
applicable to every alienation or change in title and shall in no wise be
deemed to permit the Landlord to retain the security after termination of the
Landlord's ownership of the reversion or title. The Tenant shall not
mortgage, encumber or assign said security without the written consent of the
Landlord.
See Attached Riders # 1, 2, 3, and 4
The Landlord may purse the relief or remedy sought in any invalid clause,
by conforming the said clause with the provision of the statutes or the
regulations of an governmental agency in such case made and provided as if the
particular provisions of the applicable statutes or regulations were set forth
herein at length.
In all references herein to any parties, persons, entities or
corporations the use of any particular gender or the plural or singular number
is intended to include the appropriate gender or number as the text of the
within instrument may require. All the terms, coenants and conditions herein
contained shall inure to the benefit of and shall bind the respective parties
hereto, and their heirs, executiors, administrators, personal or legal
represenatives, successors and assigns.
In Witness Whereof, the parties hereto have hereunto set their hands and
seals, or caused these presents to be signed by their proper corporate
officers and their proper corporate seal to be hereto affixed, the day and
year first above written.
Signed, Sealed and Delivered
in the presence of or Attested by
------------------------------------
Landlord
/s/ Xxxxxxx Xxxxxxxxx
------------------------------------
Tenant
LEASE ADDENDUM
December 12, 1997
Assignment of Lease dated November 30, 1989 between Xxxxx Realty (Landlord)
and Focus Medical Products (Tenant).
It is understood that the Landlord is Stamos & Xxxxxxx L.L.C. and the Tenant
is Medi-Hut Co., Inc. for the 3,500 sq. ft. of space in the building located
at 0000 Xxxxxxxxxx Xxx, Xxxxxxxx, XX.
/s/ Xxxxxx Xxxxxxxxx
____________________________
Xxxxxx Xxxxxxxxx, Tenant
Pres. of Medi-Hut Co., Inc.
/s/ Xxxxxxx Xxxxxxxxx
_____________________________
Xxxxxxx Xxxxxxxxx, Tenant
Secretary of Medi-Hut Co., Inc.
/s/ Xxxxx X. Xxxxxxx
______________________________
Xxxxx X. Xxxxxxx
Managing Partner of
Stamos & Xxxxxxx, L.L.C.
Xxxxx Realty
0000 XXXXX XXXXXX XXXX
XXXXXXXX, XXX XXXXXX 00000
(000) 000-0000
Rider #1
Focus Medical Products, Inc.
00 Xxxxxxxx Xxxxxx
Xxxxxxx Xxxxxx
Xxxxxx, Xxx Xxxxxx 00000
1. 3,500 s/f total area with 550 to 700 s/f office.
2. $5.25 per s/f all common area expenses are included.
3. First Two (2) months free.
4. One (1) month deposit.
5. Occupancy approximately December 15, 1989.
6. Upgrade ceiling in Two (2) private officers.
7. If you want a deck and stairs above offices, you will pay for it
separately. I will provide space in my building located at 0000 Xxxxx Xxxxxx
Xxxxxx, Xxxxxxxx Xxx Xxxxxx for the storage of their inventory until the new
space is ready for occupancy.
Xxxxx Realty
0000 XXXXX XXXXXX XXXX
XXXXXXXX, XXX XXXXXX 00000
(000) 000-0000
Focus Medical Products, Inc.
Rider #2
October 25, 1989
BREAKDOWN - REAL ESTATE TAXES
-----------------------------
1st Yr. - Land Only - 3,500 s/f x .022= $77.00 ($6.42 per month)
2nd Yr.- Land/20% building - 3,500 s/f x .211 = $738.50 (61.54 per month)
3rd Yr.- Land/40% building - 3,500 s/f x .400 = $1,400.00 ($116.67 per month)
4th Yr.- Land/60% building - 3,500 s/f x .588 = $2,0580.00 ($171.50 per month)
5th Yr.- Land/80% building - 3,500 s/f x .966 = $3,381.00 ($281.75 per month)
BREAKDOWN - INSURANCE COSTS
----------------------------
Insurance cost is one flat rate of $437.50 per year
BREAKDOWN - LANDSCAPING COST
-----------------------------
3,500 s/f @ .06 per s/f = $210.00
BREAKDOWN - SNOW REMOVAL
------------------------
$80.00 charge each time snow is removed. Each tenant will be charged
accordingly.
Tenants Pro Rata share of the building is 10.714%
Focus Medical Products
Rider #3
Xxxxx Realty
Xxx 00, Xxxxx 0000
0. Xxxxxx shall pay to Landlord as additional rent, its pro rata share of
Real Estate Taxes, sewer, general liability and fire insurance.
2. Landlord guarantees as of this date that there is no ECRA problem at this
location.
3. This Lease is contingent upon Landlord obtaining a Certificate of
Occupancy for the Tenant. In the event Landlord is unable to do so, this
Lease shall become null and void.
4. Landlord shall be responsible for all structural repairs, including
repairs to the roof, roof drains, sewerage system, and all electric and
plumbing systems common to the entire leases building. Landlord agrees to
expeditiously make all such repairs and to take all reasonable steps necessary
to accomplish same. All electrical and plumbing repairs, which are with in
the demised premises are the responsibility of the tenant. If the tenant
notifies the Landlord of problem that he is responsible for and the Landlord
does not respond in a reasonable amount of time, the tenant may make such
repairs and deduct the cost of the next months rent.
5. The rent shall be due on the first day of each and every month. If the
rent is not paid by the Fifth (5th) day of any month, Tenant shall be deemed
to be in default pursuant to the terms of the Lease agreement. In addition,
tenant shall be liable for an 8% late fee.
6. Any changes to the leased premises contemplated by the tenant, will
require approval in writing from the Landlord before commencement.
7. When the tenant vacates the premises, they shall leave the demised
premises in generally good condition, except for normal wear and tear.
8. Tenant is responsible upon vacating the leased premises to obtain ECRA
approvals. This shall include tenant being responsible for any clean up
necessary due to tenant activities at said leased premises.
9. Tenant agrees that in the event tenant causes the liability insurance to
increase as a result of the use of the premises, it shall be totally
responsible for the additional premium caused solely by its operation.
10. Tenant will have a Five (5) year renewal option, with all the terms and
conditions of the present Lease to remain in effect, except the per square
foot price; which will be increased to 10% or CIP whichever is greater for the
additional Five years. This option will only be granted if tenant adhered to
all the terms and conditions of this Lease for the Five year period.
11. Tenant will have their own gas and electric meters for their utilities.
12. Trash removal is the responsibility of the tenant.
13. If the tenant does not adhere to all the terms and conditions of this
lease, the Landlord will notify him by telephone or in writing of his default
or negligence and he will have Five days to correct such.
Focus Medical Products
Rider 4
A. Add to paragraph 8 and 21 that the Landlord will be responsible for its
own negligence and that of its servants, agents, employees and contractors.
B. Where ever the Landlord's consent is required in the Lease, Landlord will
not withhold consent unreasonably.
C. Add to paragraph 12 if tenant files a claim of reaction, it cannot exceed
$3,000.00
D. Paragraph 13 should provide that in the event of a substantial casualty
wherein Tenant's business is interrupted, there shall be a proration of rent
if Tenant can not fully operate its business as a result of same. This
paragraph should also provide that Landlord will promptly makes its election
to rebuild or terminate the Lease in the event of a total destruction of
premises.
January 28, 1995
Mr. and Xxx. Xxxxxx Xxxxxxx
XX Xxx 000 Xxxxxxxxx, X.X. 00000
Dear Mr. and Xxx. Xxxxxxx;
This letter is to notify you that we are choosing to exercise the "Option to
Renew" as stated in the Lease Agreement between Xxxxx Realty (Landlord) and
Focus Medical Products (Tenant) dated November 30, 1989. This Lease was
assigned to Xxxxxx and Xxxxx Xxxxxxx and Xxxxxx and Xxxxxxxxx Xxxxxx when they
purchased the building located at 0000 Xxxxxxxxxx Xxx., Xxxxxxxx, X.X.
This Option Period shall begin on February 16, 1995 and extend to February 15,
2000 with all of the terms and conditions of the original Lease except that
the rent shall increase ten percent and the tenant shall have the right to
cancel the Lease within 90 days written notice to the Landlord sent by
Certified Mail.
/s/ Xxxxxx Xxxxxxxxx Date: 2-8-95
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Xxxxxx Xxxxxxxxx Tenant
/s/ Xxxxxxx Xxxxxxxxx Date: 2-8-95
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Xxxxxxx Xxxxxxxxx Tenant
/s/ Xxxxxx Xxxxxxx Date:
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Landlord
/s/ Xxxxx Xxxxxxx Date:
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Xxxxx Xxxxxxx Landlord
Date:
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Xxxxxx Xxxxxx Landlord
Date:
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Xxxxxxxxx Xxxxxx Landlord
