EXHIBIT 10.2
BUSINESS PROPERTY LEASE
(1) THIS LEASE Made this 15th day of February, 2005
by and between A. S. Nakadar, c/o 00000 X. 0 Xxxx, Xxx. 000, Xxxxxxx, Xxxxxxxx
00000,
the Lessor, hereinafter designated as the Landlord, and Muslim Media Network,
Inc., 00000 X. Xxxxx Xxxx Xxxx, Xxxxxxxxxx Xxxxx, Xx 00000,
the Lessee, hereinafter designated as the Tenant.
Description (2) WITNESSETH: The Landlord, in consideration of the rents to be
paid and the covenants and agreements to be performed by the
Tenant, does hereby lease unto the Tenant the following described
premises situated in the City of Farmington Hills, County of
Oakland, State of Michigan
to-wit: a store approximately 1,700 square feet in a shopping
center approximately 3,100 square feet with all common areas
including driveways, parking areas, and sidewalks better known as:
00000 X. Xxxxx Xxxx
Term (3) For the term of 5 years
from and after the 15th day of February ,
2005 fully to be completed and ended, the Tenant yielding and
paying during the continuance of this lease unto the Landlord
Rent for rent of said premises for said term, the sum of One
Hundred Two Thousand and 00/100 Dollars ($102,000.00)
in lawful money of the United States payable in monthly
installments in advance, upon the first (1st)* day of each and
every month as follows: Months 1 - 60 at $1,700.00 per month
*All rental payments received after the 10th of the due date shall
have a $40.00 late charge.
Rent (4) The Tenant hereby hires the said premises for the said
term its above mentioned and covenants well and truly to pay, or
cause to be paid unto the Landlord at the dates and times above
mentioned, the rent above reserved.
Insurance (5) In addition to the rentals hereinbefore specified, the Tenant
agrees to pay as additional rental any increase on premiums for
insurance against loss by fire that may be charged during the term
of this lease on the amount of insurance now carried by the
Landlord on the premises and on the improvements situated on said
premises, resulting from the business carried on in the leased
premises by the Tenant or the character of its occupancy, whether
or not the Landlord has consented to the same.
(6) If the Tenant shall default in any payment or expenditure
other than rent required to be paid or expended by the Tenant
under the terms hereof, the Landlord may at his option make such
payment or expenditures in which event the amount thereof shall be
payable as rental to the Landlord by the Tenant on the next
ensuing rent day together with interest at 9% per annum from the
date of such payment or expenditure by the Landlord and on default
in such payment the Landlord shall have the same remedies as on
default in payment of rent.
(7) All payments of rent or other sums to be made to the Landlord
shall be made at such place as the Landlord shall designate in
writing from time to time and every payment required to be made by
Tenant under this Lease shall be made without set-off or deduction
whatsoever.
Assignment (8) The Tenant covenants not to assign or transfer this lease or
hypothecate or mortgage the same or sublet said premises or any
part thereof without the written consent of the Landlord. Any
assignment, transfer, hypothecation, mortgage or subletting
without said
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written consent shall give the Landlord the right to terminate his
lease and to re-enter and repossess the leased premises. Landlord
agrees not to unreasonably withhold consent, reserving however,
the right to determine the conditions that shall be imposed with
respect to same.
Bankruptcy (9) The Tenant agrees that if the estate created hereby shall be
and taken in execution, or by other process of law, or if the Tenant
Insolvency shall be declared bankrupt or insolvent, according to law, or any
receiver be appointed for the business and property of the Tenant,
or if any assignment shall be made of the Tenant's property for
the benefit of creditors, then and in such event this lease may be
canceled at the option of the Landlord.
Right to (10) The Landlord reserves the right to subject and subordinate
Mortgage this lease at all times to the lien of any mortgage or mortgages
now or hereafter placed upon the Landlord's interest in the said
premises and on the land and buildings of which the said premises
are a part or upon any buildings hereafter placed upon the land of
which the leased premises form a part. And the Tenant covenants
and agrees to execute and deliver upon demand such further
instrument or instruments subordinating this lease to the lien of
any such mortgage or mortgages as shall be desired by the Landlord
and any mortgagees or proposed mortgagees and hereby irrevocably
appoints the Landlord the attorney-in-fact of the Tenant to
execute and deliver any such instrument or instruments for and in
the name of the Tenant. To include an Estoppel Certificate within
five (5) days of written demand from Landlord.
Use and (11) It is understood and agreed between the parties hereto that
Occupancy said premises during the continuance of this lease shall be used
and occupied for Office and for no other purpose or purposes
without the written consent of the Landlord, and that the Tenant
will not use the premises for any purpose in violation of any law,
municipal ordinance or regulation, and that on any breach of this
agreement the Landlord may at his option terminate this lease
forthwith and re-enter and repossess the leased premises.
Fire (12) It is understood and agreed that if the premises hereby
leased be damaged or destroyed in whole or in part by fire or
other casualty during the term hereof, the Landlord will repair
and restore the same to good tenantable condition with reasonable
dispatch, and that the rent herein provided for shall xxxxx
entirely in case the entire premises are untenantable and pro rata
for the portion rendered untenantable, in case a part only is
untenantable, until the same shall be restored to a tenantable
condition; provided, however, that if the Tenant shall fail to
adjust his own insurance or to remove his damaged goods, wares,
equipment or property within a reasonable time, and as a result
thereof the repairing and restoration is delayed, there shall be
no abatement of rental during the period of such resulting delay,
and provided further that there shall be no abatement of rental if
such fire or other cause damaging or destroying the leased
premises shall result from the negligence or willful act of the
Tenant, his agents or employees, and provided further that if the
Tenant shall use any part of the leased premises for storage
during the period of repair a reasonable charge shall be made
therefor against the Tenant, and provided further that in case the
leased premises, or the building of which they are a part, shall
be destroyed to the extent of more than one-half of the value
thereof, the Landlord may at his option terminate this lease
forthwith by a written notice to the Tenant. If the damage or
destruction is due to the fault or neglect of Tenant, the debris
shall be removed at the expense of Tenant.
Repairs (13) The Landlord after receiving written notice from the Tenant
and having reasonable opportunity thereafter to obtain the
necessary workmen therefor agrees to keep in good order and repair
the roof and the four outer walls of the premises but not the
doors, door frames, the window glass, window casings, window
frames, windows or any of the appliances or appurtenances of said
doors or window casings, window frames and windows, or any
attachment thereto or attachments to said building or premises
used in connection therewith. Notwithstanding the foregoing,
Tenant, his employees or agents shall not go on the roof without
the express permission of the Landlord.
Insurance And the Tenant agrees to keep the plate glass insured with a
responsible Insurance Company in the name of the Landlord and to
deliver the policy or policies to the Landlord and upon his
failure to do so the Landlord may place such insurance and charge
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the same to the Tenant as so much additional rent as provided in
Paragraph 6; but the failure on the part of the Landlord to place
such insurance does not release the Tenant of the liability.
Tenant also agrees to carry fire insurance on the contents
including improvements and business interruption insurance.
Tenant to (14) The Tenant agrees to indemnify and hold harmless the Landlord
Indemnify from any liability for damages to any person or property in, on or
about said leased premises from any cause whatsoever; and Tenant
will procure and keep in effect during the term hereof public
liability and property damage insurance for the benefit of the
Landlord in the sum of One Million and 00/100ths ($1,000,000.00)
dollars combined single limit, bodily and property damage per
occurrence and aggregate. Tenant shall deliver said policies to
the Landlord and upon Tenant's failure to do so the Landlord may
at his option obtain such insurance and costs thereof shall be
paid as additional rent due and payable upon the next ensuing rent
day.
Repairs and (15) Except as provided in Paragraph 13 hereof, the Tenant further
Alterations covenants and agrees that he will, at his own expense, during the
continuation of this lease, keep the said premises and every part
thereof, including all electrical, heating/cooling and plumbing,
in as good repair and at the expiration of the term yield and
deliver up the same in like condition as when taken, reasonable
use and wear thereof and damage by the elements excepted. The
Tenant shall not make any alterations, additions or improvements
to said premises without the Landlord's written consent, and all
alterations, additions or improvements made by either of the
parties hereto upon the premises, except movable office furniture
and trade fixtures put in at the expense of the Tenant, shall be
the property of the Landlord, and shall remain upon and be
surrendered with the premises at the termination of this lease,
without molestation or injury. Tenant shall cause to be discharged
of record, any liens that may be filed against the demised
premises resulting from Tenant.
The Tenant covenants and agrees that if the demised premises
consists of only a part of a structure owned or controlled by the
Landlord, the Landlord may enter the demised premises at
reasonable times and install or repair pipes, wires and other
appliances or make any repairs deemed by the Landlord essential to
the use and occupancy of other parts of the Landlord's building.
Eminent (16) See Paragraph B of Rider to Lease Agreement attached hereto
Domain and incorporated herewith by reference.
Reservation (17) The Landlord reserves the right of free access at all times
to the roof of said leased premises and reserves the right to rent
said roof for advertising purposes. The Tenant shall not erect any
structures for storage or any aerial, or use the roof for any
purpose without the consent in writing of the Landlord.
Care of (18) The Tenant shall not perform any acts or carry on any
Premises practices which may injure the building or be a nuisance or menace
to other Tenants in the building and shall keep premises under his
control (including adjoining drives, streets, alleys or yards)
clean and free from rubbish, dirt, snow and ice at all times, and
it is further agreed that in the event the Tenant shall not comply
with these provisions, the Landlord may enter upon said premises
and have rubbish, dirt and ashes removed and the side walks
cleaned, in which event the Tenant agrees to pay all charges that
the Landlord shall pay for hauling rubbish, ashes and dirt, or
cleaning walks. Said charges shall be paid to the Landlord by the
Tenant as soon as xxxx is presented to him and the Landlord shall
have the same remedy as is provided in Paragraph 6 of this lease
in the event of Tenant's failure to pay.
(19) The Tenant shall at his own expense under penalty of
forfeiture and damages promptly comply with all lawful laws,
orders, regulations or ordinances of all municipal, County and
State authorities affecting the premises hereby leased and the
cleanliness, safety, occupation and use of same. Plumbing
facilities shall be used for the purposes for which they were
constructed and any breakage, stoppage and/or damage and the
resultant repair costs shall be the responsibility of Tenant.
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Condition (20) The Tenant further acknowledges that he has examined the said
of Premises leased premises prior to the making of this lease, and knows the
at Time of condition thereof, and that no representations as to the condition
Lease or state of repairs thereof have been made by the Landlord, or his
agent, which are not herein expressed, and the Tenant hereby
accepts the leased premises in their present condition at the date
of the execution of this lease. (21) The Landlord shall not be
responsible or liable to the Tenant for any loss or damage that
may be occasioned by or through the acts or omissions of persons
occupying adjoining premises or any part of the premises adjacent
to or connected with the premises hereby leased or any part of the
building of which the leased premises are a part or for any loss
or damage resulting to the Tenant or his property from bursting,
stoppage or leaking of water, gas, sewer or steam pipes.
Re-Renting (22) The Tenant hereby agrees that for a period commencing 90 days
prior to the termination of this lease, the Landlord may show the
premises to prospective Tenants, and 60 days prior to the
termination of this lease, may display in and about said premises
and in the windows thereof, the usual and ordinary "TO RENT"
signs.
Holding (23) It is hereby agreed that in the event of the Tenant herein
Over holding over after the termination of this lease, thereafter the
tenancy shall be from month to month in the absence of a written
agreement to the contrary.
Gas, Water, (24) The Tenant will pay all charges made against said leased
Heat, premises for gas, water, heat and electricity during the
Electricity continuance of this lease, as the same shall become due.
Advertising (25) It is further agreed that all signs and advertising displayed
Display in and about the premises shall be such only as advertise the
business carried on upon said premises, and that the Landlord
shall control the character and size thereof, and that no sign
shall be displayed excepting such as shall be approved in writing
by the Landlord, and that no awning shall be installed or used on
the exterior of said building unless approved in writing by the
Landlord.
Access to (26) The Landlord shall have the right to enter upon the leased
Premises premises at all reasonable hours for the purpose of inspecting the
same. If the Landlord deems any repairs necessary he may demand
that the Tenant make the same and if the Tenant refuses or
neglects forthwith to commence such repairs and complete the same
with reasonable dispatch the Landlord may make or cause to be made
such repairs and shall not be responsible to the Tenant for any
loss or damage that may accrue to his stock or business by reason
thereof, and if the Landlord makes or causes to be made such
repairs the Tenant agrees that he will forthwith on demand pay to
the Landlord the cost thereof with interest at 9 % per annum, and
if he shall make default in such payment the Landlord shall have
the remedies provided in Paragraph 6 hereof.
Re-Entry (27) In case any rent shall be due and unpaid or if default be
made in any of the covenants herein contained, or if said leased
premises shall be deserted or vacated, then it shall be lawful for
the Landlord, his certain attorney, heirs, representatives and
assigns, to re-enter into, re-possess the said premises and the
Tenant and each and every occupant to remove and put out.
Quiet (28) The Landlord covenants that the said Tenant, on payment of
Enjoyment all the aforesaid installments and performing all the covenants
aforesaid, shall and may peacefully and quietly have, hold and
enjoy the said demised premises for the term aforesaid.
Expenses, (29) In the event that the Landlord shall, during the period
Damages, covered by this lease seeks a money judgment against Tenant and/or
Re-Entry seeks to obtain possession of said premises by re-entry, summary
proceedings, or otherwise, the Tenant hereby agrees to pay the
Landlord the expense incurred in obtaining possession of said
premises, and also all expenses and commissions which may be paid
in and about the letting of the same, and all other damages,
including legal and attorney fees.
Remedies (30) It is agreed that each and every of the rights, remedies and
not benefits provided by this lease shall be cumulative, and shall not
Exclusive be exclusive of any other of said rights, remedies and benefits,
or of any other rights, remedies and benefits allowed by law.
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Waiver (31) One or more waivers of any covenant or condition by the
Landlord shall not be construed as a waiver of a further breach of
the same covenant or condition.
Delay of (32) It is understood that if the Tenant shall be unable to enter
Possession into and occupy the premises hereby leased at the time above
provided, by reason of the said premises not being ready for
occupancy, or by reason of the holding over of any previous
occupant of said premises, or as a result of any cause or reason
beyond the direct control of the Landlord, the Landlord shall not
be liable in damages to the Tenant therefor, but during the period
the Tenant shall be unable to occupy said premises as hereinbefore
provided, the rental therefor shall be abated and the Landlord is
to be the sole judge as to when the premises are ready for
occupancy.
Notices (33) Whenever under this lease a provision is made for notice of
any kind it shall be deemed sufficient notice and service thereof
if such notice to the Tenant is in writing addressed to the Tenant
at his last known Post Office address or at the leased premises
and deposited in the mail with postage prepaid and if such notice
to the Landlord is in writing addressed to the last known Post
Office address of the Landlord and deposited in the mail with
postage prepaid. Notice need be sent to only one Tenant or
Landlord where the Tenant or Landlord is more than one person.
(34) It is agreed that in this lease the word "he" shall be used
as synonymous with the words "she," "it' and " they," and the word
"his" synonymous with the words "her," "its" and "their."
(35) The covenants, conditions and agreements made and entered
into by the parties hereto are declared binding on their
respective heirs, successors, representatives and assigns.
(36) In the event security is given, Paragraph 37 on the last page
shall be deemed a part of this lease.
IN WITNESS WHEREOF, The parties have hereunto set their hands and seals
the day and year first above written.
WITNESSED BY:
_______________________________ __________________________________(L.S.)
_______________________________ __________________________________(L.S.)
_______________________________ __________________________________(L.S.)
_______________________________ __________________________________(L.S.)
IN CONSIDERATION of the letting of the premises in the foregoing
instrument described, and for the sum of one dollar, to paid
do hereby become surety for the punctual payment of the rent and performance of
the covenants in said instrument mentioned, to be paid and performed by the
second part therein named; and if any default shall at any time be
made therein do hereby promise and agree to pay unto the part of the first
part named in said instrument, the said rent and arrears thereof that may be
due, and fully satisfy the condition of said instrument, and all damages that
may occur by reason of the nonfulfillment thereof, without requiring notice or
proof of the demand being made. The Landlord shall not be held to strict
construction adopted in cases of principal and surety. The surety shall not have
the right to claim discharge, or plead by way of defense any extension of time
given by the Landlord, failure of the Landlord to give notice of default,
receipt by the Landlord of securities from the Tenant, failure of the Landlord
to pursue the Tenant and his property with due diligence or to apply other
remedies and other securities which may possibly be available to the Landlord
and any direct release, unless it be in writing duly authorized and executed.
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WITNESS hand and seal this day of 199.
______________________________________(L.S.)
STATE OF MICHIGAN )
)ss.
COUNTY OF_____________)
On this ________day of _____________ in the year of our Lord One Thousand
Nine Hundred and Ninety- eight before me, a Notary Public in and for said
County, appeared to me personally known, who, being by me sworn, did (1) say
that (2) the corporation named in and which executed the within instrument, and
that the seal affixed to said instrument is
the corporate seat of said corporation, and that said instrument was signed and
sealed in behalf of said corporation by
authority of its Board of Directors; and said ______________________acknowledges
said instrument to be the free act and deed of said corporation.
____________________________________
Notary Public County, Michigan.
My Commission Expires:
SECURITY PROVISION
Paragraph 37 (Refer to Paragraph 36 of Lease)
The Landlord herewith acknowledges the receipt of One Thousand Seven
Hundred ($1,700.00 ) Dollars which he is to retain as security for the faithful
performance of all of the covenants, conditions, and agreements of this lease,
but in no event shall the Landlord be obliged to apply the same upon rents or
other charges in arrears or upon damages for the Tenants' failure to perform the
said covenants, conditions, and agreements; the Landlord may so apply the
security at his option; and the Landlord's right to the possession of the
premises for non-payment of rent or for any other reason shall not in any event
be affected by reason of the fact that the Landlord holds this security. The
said sum if not applied toward the payment of rent in arrears or toward the
payment of damages suffered by the Landlord by reason of the Tenant's breach of
the covenants, conditions, and agreements of this lease is to be returned to the
Tenant when this lease is terminated, according to these terms, and in no event
is the said security to be returned until the Tenant has vacated the premises
and delivered possession to the Landlord.
In the event that the Landlord repossesses himself of the said premises
because of the Tenant's default or because of the Tenant's failure to carry out
the covenants, conditions, and agreements of this lease, the Landlord may apply
the said security upon all damages suffered to the date of said repossession and
may retain the said security to apply upon such damages as may be suffered or
shall accrue thereafter by reason of the Tenant's default or breach. The
Landlord shall not be obliged to keep the said security as a separate fund, but
may mix the said security with his own funds.
Landlord:
By: /s/ A. S. Nakadar (L.S.)
------------------------
A. S. Nakadar
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ATTACHED TO AND MADE A PART OF
A CERTAIN LEASE BY AND BETWEEN
AS NAKADAR, AS LANDLORD
AND
MUSLIM MEDIA NETWORK AS TENANT
CONCERNING LEASED PREMISES LOCATED
AT 00000 X. XXXXX XXXX, XXXXXXXXXX XXXXX
A. Regardless of any other clause recited in this Lease Agreement, it is
understood and agreed that Tenant may not solicit business nor at any time
engage in business at the herein demised premises, except from within its
leased premises. Therefore, Tenant and its employees may not use any of
the common areas of the Shopping Center for any purpose except for ingress
or egress, and parking for themselves and Tenant's patrons and invites.
Tenant agrees to cause Tenant, it's employees, and agents, to park their
cars only in areas specifically designated for that purpose so as not to
consume parking spaces adjacent to the retail stores, to assure that the
same will be available for retail patrons. In the event Tenant, it's
agents or employees shall fall to park in spaces designated by Landlord,
then in such event, Tenant agrees to pay Landlord, upon demand, Ten
Dollars ($10.00) per violation for each day. Tenant shall furnish the
Landlord, upon demand from time to time, a complete list of Tenant and
Tenant's employees and agents, and a complete description of their
automobile and license plate numbers, to enable enforcement of the
foregoing provisions.
B. Eminent Domain - (Total Condemnation): If the whole of the premises hereby
leased shall be taken by any public authority under the power of eminent
domain, then the term of Tube Turns his Lease shall cease as of the day
possession shall be taken by such public authority and the rent shall be
paid up to the day with a proportionate refund by Landlord of such rent as
may have been paid in advance.
(Partial Condemnation): If less than the whole but more than (20%) percent
of the leased premises shall be taken under eminent domain. Tenant shall
have the right to either terminate this Lease and declare the same null
and void, or continue In possession of the remainder of the leased
premises, and shall notify Landlord In writing prior to any such taking of
Tenant's intention. In the event Tenant elects to remain in possession,
all of the terms herein provided shall continue in effect, except that the
minimum rent shall be reduced in proportion to the amount of the premises
taken, and Landlord shall, at its own cost and expense make all necessary
repairs or alterations to the basic building, store front, so as to
constitute the remaining premises as a complete architectural unit.
(Landlord's and Tenant's Damages): All damages awarded for such taking
under power of eminent domain, whether for a whole or a part of the leased
premises shall belong to and be the properly of Landlord whether such
damages shall be awarded as compensation for diminution in value to the
leasehold or to the fee of the premises;
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provided however, that Landlord shall not be entitled to the award made to
Tenant for loss of business, depreciation to, and cost of removal of stock
and fixtures.
C. (1) Surrender of Demised Premises: Tenant covenants and agrees to
surrender possession of the Demised Premises to Landlord. upon the
expiation of the term of this Lease or any renewals or extensions thereof,
or earlier termination of this Leases or Tenant's right to possession as
herein provided, broom clean and in as good condition and repair as the
same shall be at the commencement of the term hereof, or as the same may
have put by Landlord and Tenant during the continuance hereof and any
renewals or extensions, ordinary wear and tear excepted.
C (2)Tenant's Property, Alterations, Or Additions: All fixtures,
improvements, alterations and additions which may be made or installed by
either Landlord or Tenant in or about the Demised Premises and which are
in any manner attached to the floors, walls, or ceilings, except Trade
fixtures, shall belong to and be the property of Landlord and shall remain
on the Demised Premises at the expiration or termination of this Lease,
except for that property which Landlord may designate that Tenant either
shall or may remove, by notice in writing to Tenant prior to such
expiration or termination, or any renewals or extensions thereof. Tenant
agrees to repair all damage to the Demised Premises caused by any such
removal (including removal of trade fixtures) and restore the Demised
Premises to the condition in which they were prior to the removal of said
articles. Any such property so designated by Landlord to be removed which
shall be left in or upon the Demised Premises, shall be deemed abandoned
by Tenant and may be retained or disposed of by Landlord, as Landlord
shall desire. If Landlord elects to remove such properly Tenant shall pay
upon demand the cost or removal, including the cost of any necessary
repair or restoration of the Landlord's Premises.
D. Non-Waiver: No default in the payment of rent or any other amount required
to be paid under the terms of this Lease, or the failure of Landlord to
enforce the provisions of this Lease upon any default by Tenant shall be
construed as creating a custom of deferring payment or as in any way
modifying the terms and conditions of this Lease, or as a waiver of
Landlord's rights to exercise any privilege given to the Landlord by law
or under the terms and conditions of this Lease. Landlord may not be
deemed to have waived any of Landlord's rights except to the extent that
the same shall have been reduced to writing and signed by the Landlord,
and such waiver shall be limited to the terms of such writing. The parties
declare that time is of essence with respect to the covenant under this
Lease. If any terms or provisions of this Lease or the application thereof
to any person or circumstances shall to any extent be declared by a court
of competent jurisdiction to be invalid or unenforceable, the remainder of
this Lease shall not be affected thereby and each of the remaining terms
and conditions of this Lease
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shall be valid and enforceable In accordance with their terms to the
fullest extent permitted by law.
E. Tenant hereby waives the right to demand a jury in any litigation
instituted by the Landlord in which Landlord seeks to recover any rental
obligations accruing under this Lease Agreement. Tenant also agrees not to
assert in any such action any set-off or counterclaim to endeavor to avoid
or defeat the Landlord's claim of his right to receive the rental
obligations under this Lease. The foregoing waivers shall not affect
Tenant's rigid to make a demand for jury trial with respect to any
litigation not related to those matters above described nor shall it
deprive Tenant of the right of asserting any matter which may otherwise be
the subject of a set-off or counterclaim in separate action. Any such
separate action shall not be consolidated into the Landlord's action to
secure payment of the aforesaid rental obligations.
F. DEFAULT: In the event Tenant fails to pay any rental obligations on or
before the date due with respect to rental defaults, and with respect to
non-rental defaults, shall fall to perform any of the other covenants of
this Lease Agreement and shall fall to rectify the same within Seven (7)
days after written notice of such default has been given to Tenant, or
after any such rental or non-rental default shall have been cured and
shall reoccur within twelve (12) months of such default, Landlord shall
have the right to re-enter the premises through lawful means and remove
Tenant from the lease premises, with or without terminating the Lease at
the exclusive option of the Landlord. In the event Landlord recovers
possession of the premises as a result of Tenant's default and does not
elect to terminate this lease, Landlord shall have the right from time to
time to make such repairs to the premises as shall be determined necessary
by Landlord and shall have the right to re-let the same upon such terms
and conditions as Landlord, in its sole discretion deems advisable without
interference by Tenant; and upon such re-letting, all rentals received by
Landlord shall be applied first to payment of any indebtedness other than
rent due hereunder from Tenant to Landlord; second, to the payment of any
costs and expenses of such re-letting, including brokerage fees and
attorney fees and the costs of alterations and repairs: third, to the
payment of rent due and unpaid hereunder; and the residue, if any, shall
be held by the Landlord and applied to payment of future rent as the same
shall become due and payable hereunder. If such rentals received from such
re-letting during any month are less than rentals payable for that month
by Tenant hereunder, Tenant shall pay any such deficiency to Landlord.
Such deficiency shall be calculated and be paid monthly. No such re-entry
or taking possession of said premises by Landlord shall be construed as an
election on Landlord's part to terminate this Lease, unless a written
notice of such intention is given to Tenant, or unless the termination
hereof be declared by a court of competent jurisdiction. Notwithstanding
any such re-letting without termination, Landlord may at any time
thereafter elect to terminate this lease for any previous breach.
G. REAL ESTATE TAXES: Tenant shall pay to Landlord as additional rent during
each lease year its "proportionate share", as hereunder defined of the
real property taxes and assessments without limitation payable by Landlord
during each lease
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year with respect to the entire Shopping Center. In the event the Stale of
Michigan or any political subdivision thereof, or any governmental
authority having jurisdiction thereover, shall impose a tax and/or
assessment of any kind or nature upon, against or with, respect to rentals
payable by Tenant to Landlord, or on the income of Landlord derived from
the Leased Premises (other than the current income or single business
tax), or with respect to the ownership, occupancy or rental of the land
and buildings comprising the Leased Premises, either by way of
substitution for all or any part of the real estate taxes levied or
assessed against such land and buildings, or in addition thereto, such tax
and/or assessment shall be deemed to constitute a real estate tax against
such land and such building for the purposes of this clause, to include
personal properly taxes if applicable. Tenant's "proportionate share"
shall be equal to the product obtained by multiplying such taxes and
assessments by a fraction the numerator of which shall be the total number
of square feet of area of the Tenant's Leased Premises and the denominator
the total number of square feet of area in the Shopping Center. Landlord
shall have the option to exclude from the denominator any first floor area
of the rentable space of any portion of the Shopping Center and any land
and improvements appurtenant thereto, that may now or hereafter be
separately taxed, billed or assessed. Tenant's "proportionate share" of
all of the aforesaid taxes and assessments levied or assessed for or
during the term hereof, as determined by Landlord, shall be paid in
monthly installments, on or before the first day of each calendar month,
in advance, in an amount estimated by Landlord; provided, that in the
event Landlord is required under any Mortgage covering the Shopping Center
to escrow real estate taxes, Landlord may but shall not be obligated to,
use the amount required to be escrowed as a base for its estimate of the
monthly installments due from Tenant hereunder. Upon receipt of all tax
bills and assessment bills attributable to any calendar year during the
term hereof, Landlord shall furnish Tenant with a written statement of the
taxes and assessments for such year. In the event no tax xxxx is
available, Landlord will compute the amount of such lax.
H. COMMON AREA MAINTENANCE: Tenant agrees to pay Landlord in the manner
hereinafter provided Tenant's "proportionate share" of all cost and
expenses of every kind and nature paid or incurred by Landlord in
operating, equipping, policing and protecting, lighting, heating, air
conditioning, insuring. repairing, replacing, and maintaining the (1)
common areas and (2) all other areas, facilities and buildings used in the
maintenance and operation of the Shopping Center (hereinafter collectively
referred lo as "common areas"), including the cost of insuring all
properly provided by Landlord which may at any time comprise the Shopping
Center. Such cost and expense shall include, but not be limited to,
illumination, lighting, snow removal, line painting and landscaping,
supplies and an amount equal to fifteen per cent (15%) of the total, of
all the foregoing costs and expenses to cover Landlords' administrative
costs.
Tenant's "proportionate share" shall be computed on the basis that the
total number of square feet of area of Tenant's licensed premises bears to
the total number of square feet area in the Shopping Center. The common
area maintenance expenses payable
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by Tenant hereunder shall be payable by Tenant in monthly installments on
or before the first day of each calendar month, in advance, in an amount
estimated by Landlord. Said account shall be reconciled annually against
actual expenses versus estimated payments and Tenant's account debited or
credited accordingly. Tenant shall have the right to review all expenses
during normal business hours at Landlord or assignee's location.
I. INSURANCE: Supplementing paragraph (5) hereof, Tenant shall pay to
Landlord as additional rent during each year its "proportionate share" as
hereinafter defined by the cost of the general liability and properly
insurance, boiler and machinery, excess liability, fire and extended
coverage insurance (including rental interruption insurance and Difference
in Condition coverage, if any) on the replacement value of the buildings
in the Shopping Center and all improvements thereon, payable by Landlord
in any lease year or portion thereof. Tenant's obligations under this
Section shall commence as of the date of Landlord's delivery of possession
the leased premises to Tenant. Tenant's "proportionate share" shall be
computed on the basis that the total number of square feet area in the
Shopping Center. The insurance expense(s) shall be payable in monthly
installments on or before the first day of each calendar month, in
advance, in an amount estimated by Landlord. Said account shall be
reconciled annually against actual expenses versus estimated payments and
Tenant's account debited or credited accordingly. Tenant shall have the
rigid lo review all expenses during normal business hours at Landlord's or
assignee's location.
J. [Intentionally omitted]
K. MISCELLANEOUS CONDITIONS
(1) Tenant acknowledges that it is leasing shell space and agrees to
accept the same in "as is" condition, with the exception of the remaining
specific terms and conditions of this paragraph. Landlord shall not be
required to perform any work with respect to the premises, except as
specifically outlined in Exhibit "A" attached hereto and described as
Landlord's Work. Any work that Tenant may require, or deem desirable with
respect to the premises, shall be first presented to Landlord in the form
of plans and specifications requiring Landlord's prior written approval.
Such plans and specifications shall be prepared by Tenant and delivered to
Landlord not later fifteen (15) days following the date of Landlord's
execution of this Lease, or before any work is to be performed. Landlord
shall not unreasonably withhold its consent. The Landlord's position shall
be stated to Tenant in writing, whereupon Tenant's work shall be completed
in accordance with the plans and specifications by Tenant at Tenant's sole
cost, using licensed, bonded, and insured contractors and materials
complying at all times with the code and regulations of the governmental
agencies having jurisdiction over the properly.
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(2) Tenant shall not erect or install any exterior or interior window or
door lettering, or placards, without the previous consent of Landlord.
Tenant agrees not to use any advertising media that shall be deemed
objectionable to Landlord or other Tenants, such as loud speakers,
phonographs or radio broadcasts in a manner to be heard outside the leased
premises. Tenant shall not install any outside decorations or painting, or
build any fences or make any changes to the store front without the
previous consent of Landlord. Simultaneous with Tenant's delivery of its
plans and specifications under paragraph (1) hereof, Tenant shall submit
to Landlord Tenant's written detail for the completion of its store front
sign for Landlord's approval. The store front sign in all respects shall
confirm to the detail and specifications of Exhibit attached hereto and by
this reference made a part hereof. Tenant shall, within thirty (30) days
of the Landlord's written approval of Tenant's plans for completion of its
store front, in all respects complete the installation of Tenant's store
front sign. Landlord shall have the right, but not the obligation, to
complete Tenant's store front sign and the cost to Landlord for completion
of such sign shall become additional rent, payable within ten (10) days of
Landlord's billing of the same to Tenant.
(3) Landlord retains the exclusive right to add, delete and otherwise
alter the Shopping Center buildings, common areas, and the land (including
any additions or deletions thereto made hereafter by Landlord) which now
and hereafter may be by Landlord made a part of the Shopping Center.
Landlord agrees that the privileges herein retained by Landlord shall be
exercised in such a manner as to avoid unreasonable interference with the
conduct of Tenant's business.
(4) If Tenant is given possession of the leased premises prior to the
commencement of the term hereof, such possession shall be for the purpose
of enabling Tenant to ready the premises for the conduct of its business.
All of the terms and conditions of this Lease, with the exception of
Minimum Rent, Real Estate Taxes, Insurance and Common Area Maintenance
shall be fully applicable during the period of possession prior to
commencement of the term. In the event Tenant shall commence to conduct
any business prior to the date of commencement of the Lease, then on such
prior date, Tenant shall, beginning such date, commence to pay minimum
rent, Real Estate Taxes. Insurance and Common Area Maintenance expenses
pro-rated on a daily basis from the date Tenant shall commence to conduct
business to the date of commencement of the terms hereof.
(5) No electric wires or other electric apparatus shall be installed in
the leased premises except on the prior written approval of the Landlord;
and If such written approval is obtained from the Landlord, the
installation shall be under the direct supervision of Landlord. Any such
installation that may be made by Tenant, notwithstanding the same being a
default under this lease Agreement, shall be removable by the Landlord at
the expense of Tenant.
(6) Landlord reserves the right from time to time to establish, modify,
delete and administer rules and regulations applicable to the Shopping
Center and herein demised leased premises. Notice of such rules and
regulations, modifications,
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additions or deletions thereto, if any, shall be in writing and
communicated to the Tenant. Tenant shall comply with all of such rules and
regulations, with the understanding that such rules and regulations shall
be non-discriminatory and apply uniformly to all tenants.
(7) The parties hereto declare that this writing contains the entire
understanding between the parties hereto in relation to this transaction.
No representations nor warranties have been made by Landlord, except to
the extent that the same are expressly contained within the terms of this
writing. No modification shall be of any force or effect whatsoever unless
and until reduced to writing and signed by the respective parties hereto.
(8) Tenant shall open and continually operate the demised premises, during
all reasonable business hours, a minimum of forty (40) hours per week. In
the event of any breach of any of these covenants, Landlord may, at its
option, terminate this Lease forthwith and re-enter and repossess the
demised premises; but not before Tenant has received written notice of
said breach and shall have ten (10) days to cure same.
(9) Tenant shall be responsible for installing a fire extinguisher,
consistent with his/her occupancy and conformity with the fire code and
insurance company recommendations. Tenant shall have fire extinguisher(s)
serviced by a qualified contractor on an annual basis.
(10) All parties agree that there shall be a $40.00 charge for all checks
returned by our bank for insufficient or uncollected funds.
(11) Attornment: In the event any proceedings are brought for foreclosure
or in the event of exercise of power of sale under any mortgage made by
Landlord covering the leased premises, or areas surrounding same. Tenant
shall, at the option and request of Purchaser, attorn to the Purchaser
upon any such foreclosure or sale and recognize Purchaser as the Landlord
under this lease.
(12) Notwithstanding any provisions in this Agreement to the contrary, the
Tenant shall keep the sidewalk, service area and loading area immediately
adjacent to the leased premises free from ice and snow. It is understood
that the Landlord as part of the general maintenance of the common areas,
will provide snow removal service, however, should weather conditions
result in ice and snow at times when such removal service is not
available. Tenant shall be responsible for the snow and ice removal, from
the afore-described areas.
(13) Tenant shall secure a permit from the Township/City prior to opening
for business, and ask building department for the final inspection of
his/her premises. At that time an occupancy permit shall be issued.
(14) The submission of this Lease for examination does not constitute a
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reservation of or option for the leased premises, and this Lease becomes
effective as a lease only upon execution and delivery thereof by Landlord
and Tenant.
(15) Landlord is hereby given permission to use Tenant's name and/or d/b/a
in publicity used in leasing center.
(16) If at any time during the term of this Lease, or any option period, a
check for the payment of rent or other monies due to the Landlord does not
clear the bank for credit to the Landlord's account then, at Landlord's
discretion, all future payments by Tenant to Landlord shall be by
certified check, Cashiers check or money order only.
L. Additional Insurance Clauses:
(1) Waiver of Subrogation - Each party hereto does hereby remise, release,
and discharge the other party hereto and any officer, agent, employees or
representative of such party, of and from any liability whatsoever
hereafter arising from loss, damage or injury caused by fire or other
casualty for which insurance (permitting waiver of liability containing a
waiver of subrogation) is carried by the injured party at the time of such
loss, damage or injury to the extent of any recovery by the injured party
under such Insurance.
(2) Insurance Recommendations - The Landlord is responsible for the
purchase of maintenance of properly insurance on the building. The
insurance carrier will, from time to time, inspect recommendations that,
when implemented, may avoid loss. The Tenant agrees so permit such
inspection and comply with all recommendations within thirty (30) days of
notification by the Landlord. The Tenant recognizes that failure to comply
with recommendations may result in the loss of insurance by Landlord or
increase in cost. An increase in the cost of insurance, due to the failure
to comply with these insurance recommendations will be passed on the
Tenant as provided elsewhere in this Lease.
(3) Tenant shall save Landlord and its agent harmless and indemnified from
all loss, damage, liability or expense incurred, suffered, or claim by any
person by reason of Tenant's negligence or use of the leased premises or
the building of which the leased premises are a part or anything therein,
or the parking facilities on or adjacent thereto, or by reason of any
injury, loss, or damage to any person or properly upon the leased premises
not caused by the negligence of the Landlord.
M. Termination and Acceleration. Landlord may at any time elect to terminate
this Lease for any breach or default by Tenant, by giving Tenant a prior
written thirty (30) day notice delivered by Certified Mail Return Receipt
Requested. Should Landlord, at any time terminate this Lease for any
breach or default, then in addition to any other remedies Landlord may
have, it may recover from
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Tenant all damages it may incur by reason of breach, including the cost or
recovering Demised Premises, reasonable attorney's fees, and all
indebtedness due it by Tenant, including, if any, the amount of all actual
costs and other expenses.
N. Option to Renew. Provided Tenant is not in default hereunder, Tenant shall
have the option(s) to renew this Lease for one period(s) of three (3)
year(s). Said options must be in writing by Certified Mail Return Receipt
Requested to Landlord no later than ninety (90) days prior to the
expiration of the base Lease or option(s), whichever is applicable. All
terms and conditions of this Lease shall remain fully operative during the
renewal term except any abatement of rental or other expenses that
Landlord may have given as an inducement on signing the Base Lease. (
rental TBD )
O. Securing Premises. Landlord reserves the right to enter and secure the
premises and change lime entrance locks If necessary in the event of the
following:
(A) Tenant has been notified in writing that Tenant is in default under
the terms and conditions of this lease and thirty (30) days have passed
since notification of same.
(B) In the event the entrance locks are changed, Landlord shall store any
property within the premises for a period of thirty (30) days at an
expense of Six Dollars ($6.00) per day.
(C) After thirty (30) storage days have expired. Landlord reserves the
right to sell and or dispose of any Items within the secured premises.
(D) Tenant shall bear the risk of loss, damage or destruction to any of
the property that remains on or in the leased premises, and shall hold
Landlord harmless for any damage thereto.
P. Additional Conditions.
(1) Tenant shall not incur any improvement or equipment liens without the
Landlord's written approval and with the understanding that Landlord shall
be held harmless.
WITNESSED BY: LANDLORD: A. S. NAKADAR
_________________________ /s/ A. S. Nakadar
-----------------
A. S. Nakadar
_________________________
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TENANT:
Muslim Media Network, Inc.
_________________________ By: /s/ A. S. Nakadar
-----------------
Its: President
_________________________
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