MARLON INDUSTRIAL PARK ORLANDO, FLORIDA LEASE AGREEMENT
EXHIBIT
10.2
XXXXXX
INDUSTRIAL PARK
0000
XXXXXXX XXXX
XXXXXXX,
XXXXXXX
THIS
LEASE AGREEMENT made and executed this 1, day of Sept. 2008 by and between
Xxxxxx Industrial Park, through their authorized agent Xxxxx Xxxxx whose office
address is 0000 Xxxxxxx Xx. X. Xxxxxxx, 00000 as Lessor, and Royal Style Design
Inc. whose address PMB 281 000 X. Xxxxxxxxx Xxxxxxx. XX.
00000-0000. The Lessor does hereby lease unto the said Lesee the
following property: 0000 Xxxxxxx Xx. Xxxx X. Xxxxxxx, XX. 00000, 650 sf
+/-.
Premises
to be used only for-the following and no other purposes: Light Industrial Use
(Non-Automotive) Tile Contractor.
1.
RENT. The
Lessee shall pay rent to the Lessor in the amount of $425.00 per month + 6.25%
tax $27.63, Total of $452.63.
plus all
applicable sales and/or rent tax thereon, which shall be due and payable on the
first day of each and every month during the lease term. Upon
execution of the lease, the Lessee shall also pay rent for the initial term,
which shall commence as of the date of this lease and shall end on the last day
of the month in which the lease is signed, which rent shall be a prorated
portion “on A daily basis” of the monthly rent payment
required hereunder, together with all applicable sales and or tax
thereon. In the event that the rent is not paid by the 5th day of the
month there shall be a late payment of $50.00 plus an additional $5.00 per day
which will be paid concurrently with, and in addition to any unpaid
rent. Additionally, any late fees shall be deemed additional rent
under this lease.
Similarly,
there will be a charge of $48.00 for any dishonored bank check. Said
money will also be due concurrently with any rent owed under the terms of the
lease. Any NSF charges also will be deemed addition
rent.
In the
event of a dishonored check, tenant will be required to pay any future payment
by certified check, cashiers check or money order.
In the
event that the tenant does not timely pay rent, Landlord shall have the right to
exercise any of the Landlord Statutory options pursuant to the provisions of
F.S. 83.001 et.
2.0. TERM
OBLIGATION TO VACATE PREMISES. The term of this lease shall begin on
1 Sept 2008 and shall expire on 31 August 2009 unless sooner terminated as
provided in this lease. This lease shall automatically continue
beyond the terra from month to month until terminated by either party on 30 days
written notice to the other party gievn prior to the end of the monthly
period. If the Lessee fails to vacate the premises after the
effective date of such notice, or after this lease has otherwise been
terminated, then the Lessee shall be a tenant at sufferance, and shall be liable
for double the monthly rent during the Period of such tenancy. Said
lease rate will increase 4% annually.
3.0.
RIGHT OF ENTRY. The Lessor, or any of his agents have the right to
enter the premises during all reasonable hours, with 24 hours written notice, to
examine the same to make such repairs, addition or alterations as may deemed
necessary for the safety comfort or preservation of therefore of said building
or exhibit said premises and to put or keep upon the doors or windows thereof a
notice of "For Rent" at any time within 30 days before the expiration of this
lease. The right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations or additions which do not
conform to this agreement or to the rules and regulations of the
building.
4.0.
UTILITIES. Lessee has examined the utilities and services in the premises end
hereby accepts such utilities and services as being satisfactory for Lessee's
purposes. Lessor shall have no obligation to provide any additional
utilities in the premises, or to change the capacity in the premises. The Lessee
agrees that he/she will pay all charges for rent gas, electricity or other
illumination. The Lessor shall not be responsible or liable in any way what so
ever for the quality, quantity, capacity, impairment, interruption, stoppage or
other interference with any utilities service.
In the
event that any utilities company should terminate utility service to the Lessee,
while the Lessee is occupying the above referenced premises, it shall be
considered a material breach of this lease agreement, and if not cured within 15
days written notice requiring the cure of such breach, Landlord may seek to
recover possession of the premises.
5.0.
SIGNS, DISPLAYS AND STORAGE. Lessee shall have the right throughout the lease
term, at its own costs and expense, and subject to the provisions of this
paragraph, to erect and maintain interior and exterior signs advertising its
business. However, no such sign including awnings may be utilized in
connection with the aforesaid premises, until it is first submitted to the
Lessor for approval, and said signs are in conformity with any and all federal,
state, city or county ordinances.
6.0.
INSURANCE. During the lease term, the Lessee shall maintain in full force and
effect, a policy of public liability insurance issued by an insurance company
licensed to do business in the state of Florida and approved by the Lessor,
insuring against the liability of the Lessor and the Lessee for accidents and
injuries arising out of or in connection to with Lessee's use or occupation of
the premises and insuring Lessee's obligation of indemnification as explained
herein after, with limits of coverage of not less than $100,000.00 for personal
injury to any one person and $300,000.00 for personal injury arising out of any
one accident, and $100,000.00 for property damage and the Lessor shall be named
as an insured under the policy. Failure to maintain such policy shall be an
event of default herein under. On the execution of this lease by
Lessee, and thereafter, at Lessees request, which may be made from time to time,
Lessee shall provide Lessor with an insurance certification showing that such
insurance is in full force and effect and provide that such insurance may not be
cancelled without at least 30 days prior written notice to Lesser.
7.0.
SAFE GUARDING OF PREMISES. Lessee shall be solely responsible for:
(a) Safe guarding the premises, (b) keeping the premises locked, (c) safe
guarding the keys. Lessee agrees that all personal property placed on or moved
into the premises shall be at the sole risk of Lessee or the owner thereof and
that Lesser shall have no responsibility for any damage caused to any such
property except only such damages that may be caused by the intentional
misconduct of Lessor.
8.0.
MAINTENANE & TRASH. During the lease term the Lessor shall
maintain the roof and exterior of the building, provided, however, that the
Lessor shall be under no obligation to make repairs to the roof or exterior of
the Building until given written notice of the need thereof by the Lessee, and
Lessor shall have a reasonable time after receipt of such notice to commence and
complete such repairs. The Lessee shall maintain in good repair the interior of
the premises, including all interior and exterior door to the premises and all
plate glass windows and plumbing and at the end of the lease term shall deliver
to the Lessor in as good condition as at the time of the commencement of this
lease, expect for ordinary wear and tear and damage by fire or other causalities
by causes not due to the negligence of the Lessee and shell also deliver to the
Lessor all keys to the premises provided by the Lessor to Lessee, and all
duplicates of such keys made by Lessee. Upon surrender of the premises, Lessee
shell be responsible to Lessor for any damages to the premises over and above
ordinary wear and tear.
9.0.
DUTY TO REPAIR. Lessee will, at its expense, immediately repair to Lessor's
reasonable satisfaction any damage to the premises, and any damage to the
property of the Lessor, by any use or act by Lessee or any employee, agent,
licensee or invitee of the Lessee. Lessee shall make no alteration or
additions to the premises (whether structural or non structural and including
any painting or redecorating) without the prior written consent of
Lessor. Which may be granted or withheld, but not unreasonably
withheld, in the Lessor’s sole discretion, and Lessee shall have no right to
subject the premises to a construction or material lien or to make repairs to
the premises at Lessors expense.
10.0.
DESTRUCTION OF PREMISES. If the premises are damaged by fire or other casualty,
the Lessee shall give immediate notice to the Lessor of such damage. If the
damage shall substantially interfere with the use by the Lessee of the premises,
the Lessee shall have the option to terminate this lease by notice in writing to
the Lessor given within 30 days after the occurrence of the damage. If the
Lessee does not elect to terminate the lease, then the Lessor shall also have
the right to terminate the lease by giving a written notice to the Lessee within
30 days after the occurrence of the damage.
Alternatively,
Lessor shall have up to 90 days from the date of the casualty within which to
render the premises tenant ready by repairs. If said premises are not tendered
tenant ready within said time it shall be optional, with either party hereto, to
cancel this lease. In the event of such cancellation the rent shall be paid only
to the data of such fire or casualty. The cancellation herein
mentioned shall be evidenced in writing.
11.0.
USE OF THE PREMISES. The tenant shall properly execute and comply with all
statues, ordinance, rules, orders, regulations and requirements of the federal,
state, city and county government of any and all their departments and bureaus
applicable to said premises, for the correction, prevention and abatement of
nuisances or other grievances, upon or connected with said premises during said
term, and shall also properly comply with and execute all rules, orders
regulation of the applicable fire prevention codes for the prevention of fires,
at tenants own cost and expense. Additionally, the premises shall not
be used for any unlawful, improper or offensive use, nor shall tenant allow any
nuisances thereon. Further, if by reason of any use by the Lessee,
the hazard insurance premiums an policies maintained by Lessor shall be
increased over normal rates for the premises or for any other property of Lessor
the amount of the increase in the premium shall be paid to Lessor by Lessee from
time to time on demand. Lessee shall also maintain the premises and
its show windows in a neat in clean condition, should keep the premises clean
and free from rubbish, and shall store all trash and garbage in suitable covered
containers.
12.0.
RULES. Lessee agrees to abide by all rules and policies adopted by
Lessor and now in effect or that may put in effect from time to
time. Lessor agrees to supply at Lessee's request written copies of
said rules and policies as they now exist and as they may be modified or adopted
in the future.
13.0.
ASSIGNMENT. The Lessee shall not assign this lease or nor sublet the
premises or any part therein without the advance written consent of the Lessor,
which may be granted or withheld, but not unreasonably withheld in Lessors sole
discretion. If the Lessee is a partnership, a transfer of the
interest in the partnership which results in change in the control of the
partnership shall be deemed an assignment of this lease for the purposes of this
paragraph.
14.0.
CONDITION OF PREMISES. Lessee has examined the premises and hereby
accepts them as being in good order, condition and repair. Lessee agrees to
immediately notify Lessor of any defects dilapidations or dangerous conditions
of the premises.
15.0.
EVENTS OF DEFAULT. The following shall constitute an event of default
under this lease:
(a)
The non-payment of any required installment of rent or other charges which in
may be collected by Lessor in the same manner as rent, including without
limitation any late fees or NSF fees, after 3 days notice in writing (excluding
weekends and holidays) as required by F. S. 83.20 (2) (1997).
(b)
The breach or failure by Lessee to perform any agreements herein (other than for
non-payment of rent as set forth in paragraph 15 (a) herein above) and failure
to cure such breach or perform such agreement within 15 days of written notice
from the Lessor requiring the Lessee to cure the aforesaid breach.
(c)
Abandonment or vacating the premises by Lessee prior to the expiration of the
term of this Lease. The property will be presumed abandoned if the tenant has
been absent from the rent premises for a period of 30 consecutive days; the rent
is not current and a notice pursuant to F. S. 83.20 (2) 1 as been served and 10
days have elapsed from service of such notice.
16.0.
DEFAULT OF LESSOR. In the event that the Lessee believes that the Lessor is not
complying with any of the terms of this lease agreement then the Lessee shall
give the Lessor written notice specifically setting forth the alleged violations
by Lessor, and giving the said Lessor 5 days to cure said
violations.
17.0.
LESSOR'S DISCLAIMER OF LIABILITIES. The parties agree that Lessor is
not reasonable as a warehouseman and that the only relationship between the
Lessor and the Lessee is that of Landlord and Tenant. Consequently,
Lessor shall not issue Lessee any warehouse receipt, xxxx of lading or other
document of title for the personal property which may be stored on the premises,
and any description of the types of personal property which Lessee may store in
the premises, as set forth in the preamble to this lease is not intended to
evidence the actual receipt by Lessor or delivery by Lessee of any such
property.
Lessee
expressly releases Lessor for liability for any and all damage to Lessee's
property or effects stored in the premises fur any theft thereo4 for any damage
to the same caused by the acts or emissions of other Lessees or by breakage of
water or shore pipes or other leakage on or about the
premises. Lesses possessions within the premises are so placed at
Lessee's sole risk and Lessor shall have no liability for any lose or damage
caused to said possessions what so ever, unless caused by the intentional
misconduct of Lessor. Lessee acknowledges insurance is available from
independent companies for damage to lessees property. Lessor does not carry
insurance to cover any lose or damage to the contents of the premises from any
cause whatsoever and Lessor strongly recommends that Lessee obtains such
insurance to protect Lessee's property from all paroles.
18.0.
SECURITY DEPOSIT. Lessee has paid Lessor a security deposit in the amount of
$425, which is hereby acknowledged by Lessor. Lessor shall hold said
security deposit, throughout the term of this lease, as security for the
performance by Lessee of all its obligations under this lease. Upon
the termination of this lease or vacating of the premises by the Lessee, Lessor
shall return said security deposit to Lessee within 15 days, or alternatively,
provide Lessee written notice, by certified mail, return receipt at the Lessee's
last known address (which will be these premises unless Lessee gives a
forwarding address) of Lessors intention to retain the security
deposit. If the Lessor sends the Lessee a notice of an initiation to
impose a claim upon the security deposit, then the Lessee may object to the
Lessors imposition of a claim upon the security deposit in writing within 15
days from the date of receipt of the notice of initiation to claim the security
deposit. In the event that the notice is sent by the Lessor at the Lessee's last
known address, and the Lessee does not pick up the notice, then the date of
service for the purposes of the Lessee's time to object to the security deposit
notice will be deemed to be the last date that the mail man attempted to deliver
the certified mail. If the Lessee does not timely object to Lessors notice of
initiation to impose a claim upon the security deposit within 15 days from the
date of receipt of the notice, then the Lessee shall have waived any right to
object to the Lessors imposition of the claim, against the Lessee's security
deposit.
19.0.
SUBORDINATION. This lease and all of the rights of the Lessee
hereunder are hereby made subject and subordinate at all times to all ground or
underlying leases and to all Mortgages which may now or hereafter affect the
premises, or the real property of which the premises are part, and to all
renewals, modifications, consolidations, replacements and extensions
thereof. This clause shall be self operative and no further
instrument of subordination shall be required to effect such
subordination. In confirmation of such subordination, Lessee shall
execute promptly any certificate that Lessor may request.
20.0.
ENTIRE AGREEMENT. The agents and employees of Lessor are not
authorized to make any representations or warranties about the premises, and any
statements about the premises whether written or oral, which are not contained
in this lease, are not binding on the Lessor. This ease constitutes
the entire agreement of the parties hereto with respect to the subject matter
hereof, and supersedes any prior discusses, understandings, or written or oral
agreements between the parties with respect to the subject
matter. This lease may not be modified or amended except by a written
agreement dated subsequent to the date hereof, and duly executed by the parties
hereto.
21.0.
INDEMNIFICATION. Lessee agrees to indemnify and hold harmless the
Lessor from and Against any and all claims, demands, damages, actions or causes
of action arising or resulting from the loss, injury or physical damage to
Lessee or the property of Lessee or from the death of or loss, injury or
physical damage to the person or property of the Lessee's agents, employees,
licensees or invitees, or any third person or person whomsoever, resulting or
arising front Lessees use or occupancy of the premises, or the acts or omissions
of Lessee or its employees, agents, licensees or invitees, unless caused by the
intentional misconduct of Lessor. Lessee's obligations under this
paragraph shall survive the expiration or earlier termination of this
agreement.
22.0.
MISCELLANEOUS PROVISIONS.
(a)
All additions, fixtures or improvements which may be made by Lessee, except
moveable 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 the lease.
(b)
If the Lessee shall abandon or vacate said premises before the end of the term
of this lease, and any furnishings or any personal property shall remain in the
premises, the Lessee hereby stipulates and agrees that they have abandoned said
personal property, and Lessor may dispose of the personal property any way that
the Lessor deems appropriate without any liability whatsoever to
Lessee.
(c)
Lessee agrees to pay the cost of collection and any and all reasonable
attorney's fees incurred by Lessor in the enforcement of this lease agreement,
whether or not suit is filed.
(d)
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 or any other
monetary obligation of Lessee to Lessor. The Lessee and Lessor further agree
that if it is necessary for the Lessor to enforce this lien, it shall be
enforced pursuant to the abandoned property statue F.S. 715. 1 01 at
seq.
(e)
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.
23.0.
RADON GAS NOTIFICATION. (The following notification may be required in some
states) Radon is a naturally occurring radio active 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. Additional
information regarding radon and radon testing may be obtained from your county
public health unit.
24.0.
OTHER.
(a)
Parking. There will be parking in the front of each tenants unit and as well as
open parking in front of Xxxxxx and sides away from building not including fire
lanes.
(b)
Trash. All trash will be removed by Lessee regularly and placed in dumpsters
provided by the Lessor.
IN
WITNESS HEREOF, the parties hereto have executed this instrument for the purpose
herein expressed, the day and year above written.
Signed,
Seal and delivered in the presence of:
|
Lessor/Agent
Signature
|
Lessee
Signature
|
| /s/ Xxxxx Xxxxx | /s/ Dmitry Terikov |
|
Xxxxx
Xxxxx
|
Dmitry Terikov |
| Lessor/Agent Printed Name | Lessee Printed Name |
| 0000 X Xxxxxxx Xxxx | Xxxxxx Address |
| Street Address | |
| Orlando, Florida, 32807 |
City,
State, Zip
|
|
City,
State, Zip
|
|
Notice at
this address, or at the leased premises, shall constitute proper notice from
Lessor to Lessee or from Lessee to Lessor.
