SUBLEASE THIS SUBLEASE is made on January 1, 2009 (date) between DEBIT CARAD LOANS, LLC, A SOUTH DAKOTA LLC, (the "Lessee") and NATIONAL GOLF EMPORIUM, INC. A NEVADA CORPORATION (the “Sublessee”). In consideration of the payment of the rent and the...
Exhibit 10.2
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SUBLEASE
THIS
SUBLEASE is made on January 1,
2009 (date) between DEBIT
CARAD LOANS, LLC, A SOUTH DAKOTA LLC, (the "Lessee") and NATIONAL GOLF EMPORIUM, INC. A NEVADA
CORPORATION (the “Sublessee”).
In
consideration of the payment of the rent and the performance of the
promises by the Sublessee set forth below, the Lessee hereby leases to the
Sublessee the following described Premises, with all the appurtenances,
(the “Premises”) situated in JEFFERSON County, State of
Colorado, the address of which is
OFFICE
3 AT 00000 XXXXXXX XXXXX XXXX #000, XXXXXX,
XX 00000
Property
Address
Legal
Description
The
Premises are subleases unto the Sublessee from 12 o’clock noon January 1,
2009 to 12 o’clock noon on December 31, 2010 at a rental of $500.00 per
month payable without notice and in advance, on the first day of each
calendar month during the term of this sublease at the office of the
Lessee at 00000 Xxxxxxx Xxxxx Xxxx #000, Xxxxxx ,
XX 00000.
The Sublessee,
in consideration of the leasing of the Premises, agrees to the following
terms:
1.The
sublessee shall pay the rent for the Premises
above-described.
2. The
subleessee shall, at the expiration of this Sublease, surrender the
Premises in as good a condition as when the Sublessee entered the
Premises, ordinary wear and tear excepted. The Sublessee shall
keep all sidewalks on and around the Premises free and clear from ice and
snow; keep the entire exterior Premises from all litter, dirt, debris and
obstructions; and keep the Premises in a clean and sanitary condition as
required by the ordinances of the city and county in which the property is
situate.
3. The
Sublessee shall not sublet any part of the Premises, nor assign the
Sublessee, or any interest therein, without the written consent of the
Lessee.
4. The
Sublessee shall use the Premises only as any lawful business and shall not
use the Premises for any purposes prohibited by the laws of the United
States or the State of Colorado, or of the ordinances of the city or town
in which the Premises are located, and shall neither permit nor suffer any
disorderly conduct, noise or nuisance having a tendency to annoy or
disturb any persons occupying adjacent premises.
5. The
Sublessee shall neither hold, nor atte4mpt to hold, the Lessee, its
agents, successors and assigns, liable for any injury, damage, claims or
loss to person or property occasioned by any accident, condition or
casualty to, upon or about the Premises including, but not limited to ,
defective wiring, the breaking or stopping of the plumbing or sewage upon
the Premises, unless such accident, condition or casualty is directly
caused by intentional or reckless acts or omission of the
Lessee. Notwithstanding any duty the Lessee may have hereunder
to repair or maintain the Premises, in the event that the improvement upon
the Premises are damaged by the negligent, reckless or intentional act or
omission of the Sublessee or any employees, agents, invitees, licensees or
contractors, the Sublessee shall bear the full cost of such repair or
replacement. The Sublessee shall hold Lessee, Lessee’s agents
and their respective successors and assigns, harmless and indemnified from
all injury, loss claims or damage to any person or property while on the
Premises or any other part of Lessee’s property (or arising in any way out
of Sublessee’s business) which is occasioned nu an act or omission of
Sublessee. Sublessee’s employees, agents, invitees, licensees or
contractors. The Sublessee shall neither permit nor suffer the
Premises, or the walls or floors thereof, to be endangered by overloading,
nor the Premises to be used for any purpose which would rendered the
insurance thereon void or the insurance risk more hazardous, nor make any
alterations to or changes in, upon, or about the Premises without first
obtaining written consent of the Lessee. The Sublessee shall
permit the Lessee to place it “For Rent” sign upon the Premises at any
time after sixty (60) days before the end of the Sublease.
6. To
allow the Lessee to enter the Premises at any reasonable
hour.
IT IS
EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSEE AND SUBLESSEE AS
FOLLOWS:
7. The
Sublessee shall be responsible for paying the following utilities. ¨
Electric ¨
Gas ¨
Water ¨
Sewer ¨
Phone ¨
Refuse Disposal ¨
Janitorial Services ¨
Other ______________________________________
The
x
Lessee ¨
Sublessee agrees to keep all the improvements upon the Premises including,
but not limited to, structural components, interior and exterior walls,
floors, ceiling, roofs, sewer connections, plumbing, wiring and glass in
good maintenance and repair at their expense. In the event of
the Lessee is responsible for repair of the Premises, the Sublessee shall
be obligated to notify the Lessee if any condition upon the Premises
requiring repair and the Lessee shall be provided a reasonable time to
accomplish said
repair.
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8. This
sublease is subject to all of the terms and conditions of that primary lease for
the Premises executed by Lessee on JULY 30, 3007 (date).
Sublessee agrees to be bound by all terms and conditions of said lease, and
agrees not to violate any of the COMB and conditions thereof, or cause the terms
and conditions thereof to be violated.
9. No
assent, express or implied, to any breach of any one or more of the agreements
hereof shall be deemed or taken to be a waiver of any succeeding or other
breach.
10. If
after the expiration of this sublease, the Sublessee shall remain in possession
of the Premises and continue to pay rent without a written agreement as to such
possession, then such tenancy shall be regarded as a month-to-month tenancy, at
a monthly rental, payable in advance, equivalent to the last month's rent paid
under this sublease, and subject to all the terms and conditions of this
sublease.
1l
.. If the
Premises are left vacant and any part of the rent reserved hereunder is not
paid, then the Lessee may, without being obligated to do so, and without
terminating this sublease, retake possession of the Premises and rent the same
for such rent, and upon such conditions as the Lessee may think best, making
such change and repairs as may be required, giving credit for the amount of rent
so received less all expenses of such changes and repairs, and the Sublessee
shall be liable for the balance of the rent herein reserved until the expiration
of the term of this sublease.
12. The
security deposit in the amount of $500.00 shall be
returned to the Sublessee, or written accounting made therefor, listing the
exact reasons for the retention of any portion of the security deposit, together
with the balance of the security deposit, within sixty (60) days after
termination of this sublease or surrender and acceptance of the Premises. The
Lessee shall make any written statement by mailing said statement to the last
known address of the Sublessee.
13. If
the Sublessee shall be in arrears in the payment of any installment of rent or
any portion thereof, or in default of any other covenants or agreements set
forth in this Sublease ("Default"), and the Default remains uncorrected for a
period of three (3) days after the Lessee has given written notice thereof
pursuant to applicable law, then the Lessee may, at the Lessee's option,
undertake any of the following remedies without limitation: (a) declare the term
of the Sublease ended: (b) terminate the Sublessee's right to possession of the
Premises and reenter and repossess the Premises pursuant to applicable
provisions of the Colorado Forcible Entry and Detainer Statute; (c) recover all
present and future damages, costs and other relief to which the Lessee is
entitled; (d) pursue Lessee's lien remedies; (e) pursue breach of contract
remedies: and/or (1) pursue any and all available remedies in law or equity. In
the event possession is terminated by a reason of Default prior to expiration of
the term, the Sublessee shall be responsible for the rent occurring for the
remainder of the term, subject to the Lessee's duty to mitigate such damages.
Pursuant to applicable law [13-40104(d.5). (e.5) and 13-40-107.5, C.R.S.J
which is incorporated by this reference, in the event repeated or substantial
Defaults) under the sublease occur, the Lessee may terminate the Sublessee's
possession upon a written Notice to Quit, without a right to cure. Upon such
termination, the Lessee shall have available any and all of the above-listed
remedies.
14. In
the event any dispute arises concerning the terms of this sublease or the
non-payment of any sums under this sublease, and the matter is turned over to an
attorney, the party prevailing in such dispute shall be entitled, in addition to
other damages or costs, to receive reasonable attorney's fees from the other
party.
15. In
the event any payment required hereunder is not made within ten (10) days after
the payment is due, a late charge in the amount of 5% of the payment
will be paid by the Sublessee.
16. This
sublease is made with the express understanding and agreement that, in the event
the Sublessee becomes insolvent or is declared a bankrupt, the Lessee may
declare this sublease ended, and all rights of the Sublessee hereunder shall
terminate and cease.
THIS
SUBLEASE shall be binding on the parties, their personal representatives,
successors and assigns.
ADDITIONAL
PROVISIONS
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DEBIT
CARD LOANS, LLC
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/s/
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/s/
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SUBLESSOR
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LESSEE
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