EXHIBIT 10.2
COMMERCIAL LEASE
This lease is made between Trim Express, herein called Lessor, and Sun
Auto Leasing and Sales, herein called Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the
City of Fort Lauderdale, County of Broward, State of Florida, described as
office/warehouse building located at 0000 XX 00xx Xxxxxx, upon the following
TERMS and CONDITIONS.
1. Term and Rent: Lessor demises the above premises for a term of 5 years,
commencing March 1, 2002 and terminating on February 28, 2006 or sooner as
provided herein at the monthly rental of $7500 payable in equal installments in
advance on the first day of each month for that month's rental, during the term
of this lease. All rental payments shall be made direct to the property owner -
Summerhaven Properties on behalf of Lessor, at the address specified above.
2. Use. Lessee shall use and occupy the premises for auto wholesale business.
The premises shall be used for no other purpose. Lessor represents that the
premises may lawfully be used for such purpose.
3. Care and Maintenance of Premises. Lessee acknowledges that the premises are
in good order and repair, unless otherwise indicated herein. Lessee shall, at
his own expense and at all times, maintain the premises in good and safe
condition, including plate glass, electrical wiring, plumbing and heating
installations and any other system or equipment upon the premises, and shall
surrender the same at termination hereof, in as good condition as received,
normal wear and tear excepted. Lessee shall be responsible for all repairs
required, excepting the roof, exterior walls, structural foundations, and: n/a
4. Alterations. Lessee shall not, without first obtaining the written consent of
Lessor, make any alterations, additions, or improvements, in, to or about the
premises.
5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances
and requirements of all municipal, state and federal authorities now in force,
or which may hereafter be in force, pertaining to the premises, occasioned by or
affecting the use thereof by Lessee.
6. Assignment and Subletting. Lessee shall not assign this lease or sublet any
portion of the premises without prior written consent of the Lessor, which shall
not be unreasonably withheld. Any such assignment or subletting without consent
shall be void and, at the option of the Lessor, may terminate this lease.
7. Utilities. All applications and connections for necessary utility services on
the demised premises shall be made in the name of Lessee only, and Lessee shall
be solely liable for utility charges as they become due, including those for
sewer, water, gas, electricity, and telephone services.
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8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter
upon the premises at reasonable times and upon reasonable notice, for the
purpose of inspecting the same, and will permit Lessor at any time within sixty
(60) days prior to the expiration of this lease, to place upon the premises any
usual "To Let" or "For Lease" signs, and permit persons desiring to lease the
same to inspect the premises thereafter.
9. Possession. If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby,
nor shall this lease be void or voidable, but Lessee shall not be liable for any
rent until possession is delivered. Lessee may terminate this lease if
possession is not delivered within n/a days of the commencement of the term
hereof.
10. Indemnification of Lessor. Lessor shall not be liable for any damage or
injury to Lessee, or any other person, or to any property, occurring on the
demised premises or any part thereof, and Lessee agrees to hold Lessor harmless
from any claim for damages, no matter how caused.
11. Insurance. Lessee, at his expense, shall maintain plate glass and public
liability insurance including bodily injury and property damage insuring Lessee
and Lessor with minimum coverage as follows: Lessee shall provide Lessor with a
Certificate of Insurance showing Lessor as additional insured. The Certificate
shall provide for a ten-day written notice to Lessor in the event of
cancellation or material change of coverage. To the maximum extent permitted by
insurance policies, which may be owned by Lessor or Lessee, Lessee and Lessor,
for the benefit of each other, waive any and all rights of subrogation which
might otherwise exist.
12. Eminent Domain. If the premises or any part thereof or any estate therein,
or any other part of the building materially affecting Lessee's use of the
premise, shall be taken by eminent domain, this lease shall terminate on the
date when title vests pursuant to such taking. The rent, and any additional
rent, shall be apportioned as of the termination date, and any rent paid for any
period beyond that date shall be repaid to Lessee. Lessee shall not be entitled
to any part of the award for such taking or any payment in lieu thereof, but
Lessee may file a claim for any taking of fixtures and improvements owned by
Lessee, and for moving expenses.
13. Destruction of Premises. In the event of a partial destruction of the
premises during the term hereof, from any cause, Lessor shall forthwith repair
the same, provided that such repairs can be made within sixty (60) days under
existing governmental laws and regulations, but such partial destruction shall
not terminate this lease, except that Lessee shall be entitled to a
proportionate reduction of rent while such repairs are being made, based upon
the extent to which the making of such repairs shall interfere with the business
of Lessee on the premises. If such repairs cannot be made within said sixty (60)
days, Lessor, at his option, may make the same within a reasonable time, this
lease continuing in effect with the rent proportionately abated as aforesaid,
and in the event that Lessor shall not elect to make such repairs which cannot
be made within sixty (60) days, this lease may be terminated at the option of
either party. In the event that the building in which the demised premises may
be situated is destroyed to an extent of not less than one-third of the
replacement costs thereof, Lessor may elect to terminate this lease whether the
demised premises be injured or not. A total destruction of the building in which
the premises may be situated shall terminate this lease.
14. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or
any additional rent, or defaults in the performance f any of the other covenants
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or conditions hereof, Lessor may give Lessee notice of such default and if
Lessee does not cure any such default within n/a days, after the giving of such
notice (or if such other default is of such nature that it cannot be completely
cured within such period, if Lessee does not commence such curing within such
n/a days and thereafter proceed with reasonable diligence and in good faith to
cure such default), then Lessor may terminate this lease on not less than 90
days' notice to Lessee. On the date specified in such notice the term of this
lease shall terminate, and Lessee shall then quit and surrender the premises to
Lessor, but Lessee shall remain liable as hereinafter provided. If this lease
shall have been so terminated by Lessor, Lessor may at any time thereafter
resume possession of the premises by any lawful means and remove Lessee or other
occupants and their effects.
15. Security Deposit. Lessee shall deposit with Lessor on the signing of this
lease the sum of 0 Dollars ($0) as security deposit for the performance of
Lessee's obligations under this lease, including without limitation, the
surrender of possession of the premises to Lessor as herein provided. If Lessor
applies any part of the deposit to cure any default of Lessee, Lessee shall on
demand deposit with Lessor the amount so applied so that Lessor shall have the
full deposit on hand at all times during the term of this lease.
16. Tax Increase. In the event there is any increase during any year of the term
of this lease in the City, County or State real estate taxes over and above the
amount of such taxes assessed for the tax year during which the term of this
lease commences, whether because of increased rate or valuation, Lessee shall
pay to Lesser upon presentation of paid tax bills an amount equal to ___% of the
increase in taxes upon the land and building in which the leased premises are
situated. In the event that such taxes are assessed for a tax year extending
beyond the term of the lease, the obligation of Lessee shall be proportionate to
the portion of the lease term included in such year.
17. Common Area Expenses. In the event the demised premises are situated in a
shopping center or in a commercial building in which there are common areas,
Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for
the common area.
18. Attorney's Fees. In case suit should be brought for recovery of the
premises, or for any sum due hereunder, or because of any act which may arise
out of the possession of the premises, by either party, the prevailing party
shall be entitled to all costs incurred in connection with such action,
including a reasonable attorney's fee.
19. Notices. Any notice which either party may, or is required to give, shall be
given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor
at the address first written, or at such other places as may be designated by
the parties from time to time.
20. Heirs, Assigns, Successors. This lease is binding upon and inures to the
benefit of the heirs, assigns and successors in interest to the parties.
21. Option to Renew. Provided that Lessee is not in default in the performance
of this lease, Lessee shall have the option to renew the lease for an additional
term of sixty (60) months commencing at the expiration of the initial lease
term. All of the terms and conditions of the lease shall apply during the
renewal term except that the monthly rent shall be the sum of current + 10%. The
option shall be exercised by written notice given to Lessor not less than ninety
(90) days prior to the expiration of the initial lease term. If notice is not
given in the manner provided herein within the time specified, this option shall
expire.
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22. Subordination. This lease is and shall be subordinated to all existing and
future liens and encumbrances against the property.
23. Entire Agreement. The foregoing constitutes the entire agreement between the
parties and may be modified only by a writing signed by both parties.
Signed this 3 day of 3 , 2001.
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/s/ Xxxxxx Xxxxxx /s/ Xxxxxx Xxxxxx
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Trim Express Sun Auto Leasing and Sales
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