REAL ESTATE LEASE
This lease Agreement (this "lease") is dated August 25, 2003, by and between
Xxxxxx X. Logo, Xxxx Xxx Xxxxx, aka Property Investments ("Landlord"), and Xxxxx
Xxxxxxxxx, Xxxxx Apodara, aka Northwestern Holding, LLC ("Tenant"). The parties
agree as follows:
PREMISES. Landlord, in consideration of the lease payments provided in this
Lease, leases to Tenant a 1,000 square foot office building in the city of
Oakland Park, FL. (the "Premises") located at 000 Xxxx Xxxxxxxx Xxxx. Xxxxxxx
Xxxx, XX 00000.
TERM. The lease term will begin on August 01, 2003 and will terminate on August
01, 2004.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of $1,060,00.
payable in advance on the first day of each month, for a total lease payment of
$12,720.00. Lease payments shall be made to the Landlord at 00000 XX 0xx XX.,
Xxxxx Xxxxxxx, XX 00000-0000, which address may be changed from time to time by
the Landlord.
SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to
Landlord, in trust, a security deposit of $1,000.00 to be held and disbursed for
Tenant damages to the Premises (if any) as provided by law.
POSSESSION. Tenant shall be entitled to possession on the first day of the term
of this Lease, and shall yield possession to Landlord on the last day of the
terms of this lease, unless otherwise agreed by both parties in writing. At the
expiration of the term, Tenant shall remove its goods and effects and peaceably
yield up the Premises to Landlord in as good a condition as when delivered to
Tenant, ordinary wear and tear excepted.
USE OF PREMISES. Tenant may use the Premise only for business offices. The
Premises may be used for any other purpose only with the prior written consent
of Landlord, which shall not be unreasonably withheld. Tenant shall notify
Landlord of any anticipated extended absence from the Premises not later than
the first day of the extended absence.
PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Premises in
an amount not less than $100,000.00. Landlord shall be named as an additional
insured in such policies. Tenant shall deliver appropriate evidence to Landlord
as proof that adequate insurance is in force issued by companies reasonably
satisfactory to Landlord. Landlord shall receive advance written notice from
the insurer prior to any termination of such insurance policies. Tenant shall
also maintain any other insurance which Landlord may reasonably require for the
protection of Landlord's interest in the Premises. Tenant is responsible for
maintaining casualty insurance on its own property.
LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises
in a total aggregate sum of at least $100,000.00. Tenant shall deliver
appropriate evidence to Landlord as proof that adequate insurance is in force
issued by companies reasonably satisfactory to Landlord. Landlord shall receive
advance written notice from the insurance prior to any termination of such
insurance policies.
RENEWAL TERMS. This lease shall automatically renew for an additional period of
two years per renewal terms, unless either party gives written notice of
termination no later than 30 days prior to the end of the term of renewal term.
The lease terms during any such renew term shall be the same as those contained
in this Lease.
MAINTENANCE.
Landlord's obligations for maintenance shall include:
- the roof, outside wails, and other structural parts of the building
- the parking lot, driveways, and sidewalks, including snow and ice removal
- the sewer, water pipes, and other matters related to plumbing
- the air conditioning system
Tenant's obligations for maintenance shall include:
- the electrical wiring
- Interior of building
- all other items of maintenance not specifically delegated to Landlord
under this Lease.
TAXES. Taxes attributable to the Premises or the use of the Premises shall be
allocated as follows:
REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for
the Premises.
PERSONAL TAXES. Tenant shall pay all personal taxes and any other charges which
may be levied against the Premises and which are attributable to Tenant's use of
the Premises along with all sales and/or use taxes (if any) that may be due in
connection with lease payments.
TERMINATION UPON SALE OF PREMISES. Notwithstanding any other prevision of this
Lease, Landlord may terminate this lease upon 30 days' written notice to Tenant
that the Premises have been sold.
DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill
any lease obligation or term by which Tenant is bound. Subject to any governing
provisions of law to the contrary, if Tenant fails to cure any financial
obligation within 10 days (of any other obligation within 10 days) after written
notice of such default is provided by Landlord to Tenant, Landlord may take
possession of the Premises without further notice (to the extent permitted by
law), and without prejudicing Landlord's rights to damages. In the alternative,
Landlord may elect to cure any default and the costs of such action shall be
added to Tenant's financial obligations under this Lease. Tenant shall pay all
cost, damages, and expenses (including reasonable attorney fees and expenses)
suffered by Landlord by reason of Tenant's defaults. All sums of money or
charges required to be paid by Tenant under this Leases shall be additional
rent, whether or not such sums or charges are designated as "additional rent".
The rights provided by this paragraph are cumulative in nature and are in
addition to any other rights afforded by Law.
LATE PAYMENTS. For each payment there is not paid within 5 days after this due
date, Tenant shall pay a late fee equal to 5.00% of the required payment.
CUMLATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and
shall not be construed as exclusive unless otherwise required by law.
NON-SUFFICIENT FUNDS. Tenant shall be charge $25.00 for each check that is
returned to Landlord for lack of sufficient funds.
REMODELING OR STRUCTURAL INPROVEMENTS. Tenant shall have the obligation to
conduct any construction or remodeling (as Tenant's expense) that may be
required to use the Premises as specified above. Tenant may also construct such
fixtures on the Premises (as Tenant's expense) that appropriately facilitate its
use for such purposes. Such construction shall be undertaken and such fixtures
may be erected only with the prior written consent of the Landlord which shall
not be unreasonable withheld. Tenant shall not install awnings or
advertisements on any part of the Premises without Landlord's prior written
consent. At the end of the lease term, Tenant shall be entitled to remove (or
at the request of Landlord shall remove) such fixtures, and shall restore the
Premises to substantially the same condition of the Premises at the commencement
of this Lease.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be
unreasonably withheld), Landlord shall have the right to enter the Premises to
make inspections, provide necessary services, or show the unit to perspective
buyers, mortgages, tenants or workers. However, Landlord does not assume any
liability for the care or supervision of the Premises. As provided by law, in
the case of an emergency, Landlord may enter the Premises without Tenant's
consent. During the last three months of this Lease, or any extension of the
Lease, Landlord shall be allowed to display the usual "To Let" signs and show
the Premises to prospective tenants.
DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article
or thing of a dangerous, flammable, or explosive character that might
substantially increase the danger of fire on the Premises, or that might be
considered hazardous by a responsible insurance company, unless the prior
written consent of Landlord is obtained and proof of adequate insurance
protection is provided by Tenant to Landlord.
MECHANICS LIENS. Neither the Tenant nor anyone claiming through the Tenant shall
have the right to file mechanics liens or any other kind of lien on the Premises
of the filing of this lease constitutes notice that such liens are invalid.
Further, Tenant agrees to (1) give actual advance notice to any contractors,
subcontractors or suppliers of goods, labor, or services that such liens will
not be valid and (2) take whatever additional steps that are necessary in order
to keep the premises free of all liens resulting from construction done by or
for the Tenant.
NOTICE. Notices under this Lease shall not be deemed valid unless given or
served in writing and forward by mail, postage pre-paid, address as follows:
LANDLORD:
--------
/s/ Xxxxxx X. Xxxxx
---------------------
Xxxxxx X. Xxxxx
00000 XX 0xx Xx.
Xxxxx Xxxxxxx, XX 00000-000
LANDLORD:
--------
/s/ Xxxx Xxx Xxxxx
--------------------
Xxxx Xxx Xxxxx
00000 XX 0xx Xx
Xxxxx Xxxxxxx, XX 00000-0000
LANDLORD:
--------
/s/ aka Property Investments
------------------------------
aka Property Investments
00000 XX 0xx Xx.
Xxxxx Xxxxxxx, XX 00000-0000
TENANT:
------
/s/ Xxxxx Xxxxxxxxx
--------------------
Xxxxx Xxxxxxxxx
000 XX 00xx Xxxxxx #000
Xx. Xxxxxxxxxx, XX 00000
TENANT:
------
/s/ Xxxxx Apodara
------------------
Xxxxx Apodara
000 Xxxx Xxxxxxxx Xxx
Xxxxxxx Xxxx, XX 00000
TENANT:
------
/s/ aka Northwest Holding, LLC
---------------------------------
aka Northwest Holding, LLC
000 Xxxx Xxxxxxxx Xxxx
Xxxxxxx Xxxx, XX 00000
Such addresses may be change from time to time by either party by providing
notice and as set forth above. Notices mailed in accordance with the above
provisions shall be deemed received on the third day after posting.
GOVERNING LAW. The Lease shall be construed in accordance with the laws of the
State of Florida.
ENTIRE AGREEMENT/AMENDEMENT. The Lease Agreement contains the entire agreement
of the parties and there are not other promises, conditions, understandings, or
other agreements, whether oral or written, relating to the subject matter of
this Lease. This Lease may be modified or amended in writing, if the writing is
signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of this Lease is
invalid or unenforceable, but that by limiting such provision, it would become
valid and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease
shall not be construed as a waver or limitation of that party's right to
subsequently enforce and compel strict compliance with every provision or this
Lease.
Binding Effect. The provisions of this Lease shall be binding upon and inure to
the benefit of both parties and their respective legal representatives,
successors and assigns.
LANDLORD:
Xxxxxx X. Xxxxx
By: /s/ Xxxxxx X. Xxxxx Date: August 08, 2003
-------------------
Xxxxxx X. Xxxxx,
Owner
LANDORD:
Xxxx Xxx Logo
By: /s/ Xxxx Xxx Logo Date: August 08, 2003
-----------------
Xxxx Xxx Logo,
Owner
LANDLORD:
aka Property Investment
By: /s/ Xxxxxx X. Xxxxx Date: August 08, 2003
-------------------
Xxxxxx X. Xxxxx,
Owner
TENANT:
Xxxxx Xxxxxxxxx
By: /s/ Xxxxx Xxxxxxxxx Date: August 08, 2003
-------------------
Xxxxx Xxxxxxxxx,
CEO
TENANT:
Xxxxx Apodara
By: /s/ Xxxxx Apodara Date: August 08, 2003
-----------------
Xxxxx Apodara,
President
TENANT:
aka Northwestern Holding, LLC
By: /s/ Xxxxx Xxxxxxxxx Date: August 08, 2003
-------------------
Xxxxx Xxxxxxxxx,
Xxxxx Apodara
