EXHIBIT 6.47
LEASE AGREEMENT
THIS AGREEMENT made this 22nd day of July, 1999, by and between XXXXX
XXXX, 0000 X. Xxxxxxxxxxxx Xxx, Xxxxx, XX 00000 in Hillsborough County, Florida,
hereinafter referred to as "Landlord"; and 1-800-AutoTow Gulf Coast East, d/b/a
TOWN & COUNTRY TOWING AND INDEPENDENT WRECKER SERVICE a Florida Corporation with
principal offices at 0000 X. Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxx
00000 in Palm Beach County, hereinafter referred to as "Tenant".
WHEREAS Landlord is the owner of the real property located in
Hillsborough County, Florida, which property has a physical address of 0000 X.
Xxxxxxxxxxxx Xxx., Xxxxx, Xxxxxxx;
WHEREAS the parties desire to enter a lease agreement to define their
respective rights, duties and liabilities relating to the area.
WITNESSETH
IN CONSIDERATION of the mutual covenants contained herein and other
good and valuable consideration, receipt of which is hereby acknowledged, the
parties agree as follows:
1. Landlord leases to Tenant and Tenant hires and takes as Tenant the
area described in the Attachment at the above physical address, on a
month-to-month basis. The rental period shall begin on the 1st day after the
Closing where 1-800-AutoTow Gulf Coast East, Inc. purchases certain of the
assets of Town & Country Towing And Independent Wrecker Service.
2. The area herein leased shall be for the exclusive use of Tenant.
RENT
3. The amount due is $2,500. per month, payable on the first day of
each month.
INSURANCE
4. Landlord shall be responsible for and required to maintain property
coverage on the leasehold property. Tenant will indemnify Landlord against any
liability claims occurring due to the negligence of Tenant or Tenant's
employees.
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USE OF AREA
5. Tenant shall use or permit the area to be used for all purposes
consistent with a vehicle towing service. Tenant shall not perform any act or
use the area in any manner that may be prohibited under fire, safety, health or
sanitation codes or regulations.
6. Tenant shall comply with all governmental laws, ordinances,
regulations and statutes affecting the area either now or in the future. Tenant
shall not use the area in any manner which is unlawful, and any such use shall
terminate the lease immediately.
7. Landlord shall put Tenant in actual possession of the area at the
beginning of the term and hereby covenants that Tenant, on paying the said rent
and performing the covenants herein agreed to, shall peacefully and quietly
have, hold and enjoy the said demised area for the entire term, subject to the
terms of this Lease.
8. In the event either party seeks enforcement of this lease against
the other party, then the prevailing party shall be awarded as damages all costs
and reasonable attorney's fees incurred in such enforcement.
9. Landlord represents that there are no environmental violations with
respect to any prior usage of the area and shall defend and hold Tenant harmless
for any claim made with respect to any such prior usage.
RESPONSIBILITIES OF PARTIES
10. Tenant will keep the area in a clean and healthy condition, in
accordance with the ordinances of the applicable municipal government or other
governing body and the direction of the proper authorities; Tenant will keep the
area in good repair, and at the end of the term will deliver the area in good
order and condition, reasonable use and wear alone excepted. Landlord or his
agents shall be permitted at any time upon notice during the term hereby created
to enter and examine said area at any reasonable hour of the day. Whenever
necessary for any repairs, servants and agents of the Landlord shall be
permitted to enter and to make the same. "Reasonable hours" shall be deemed to
be at least twenty-four hours advance notice to Tenant except for the making of
repairs.
CONDITION OF AREA
11. Landlord's sole liability in the event that any portion of the area
is denied use to Tenant by any governmental authority or agency shall be a
pro-rata abatement of rent.
12. Tenant shall not remove any leasehold improvements whether made by
Landlord or Tenant, inclusive of window dressings, carpeting, wall coverings,
doors and all other such improvements, unless specifically agreed to by Landlord
in writing.
13. Tenant shall, upon vacating the area for any reason, leave the area
in a clean, repaired, tenantable condition, normal wear and tear excepted.
DAMAGE TO XXXX
00. If the area, during the term of this lease, is destroyed or damaged
by fire, storm or other unavoidable casualty so that they are rendered unfit for
Tenant, or in case Tenant shall be prevented from using the area by reason of
any action on the part of city or state officers, then the rent or a just
proportionate part thereof according to the nature and extent of the injury
sustained, shall be suspended or abated until the area shall have been put in
proper condition for use by Tenant, or until Tenant is permitted to resume use
by said city or state officers. In case of fire, Tenant shall give immediate
notice to the Landlord, who shall cause the damage to be repaired with all
convenient speed; but if the area be so damaged or rendered unusable and that
use by Tenant will be delayed by more than ten (10) days, then Tenant shall have
the option to terminate and any prepaid rent unaccrued to the time of such
damage shall be refunded to Tenant together with Tenant's security deposit.
PROHIBITION AGAINST OTHER LIENS
15. Tenant is specifically prohibited against contracting for any
repairs, construction or improvements wherein the area may be subject to a lien
by any laborer, contractor or material supplier. All such persons shall
specifically waive any and all lien rights otherwise available under law as a
condition precedent to entering the area, delivering goods and/or performing
services. Tenant is specifically not Landlord's agent for any such repair or
improvement, and is without authority of any type or kind to commit to contracts
on behalf of Landlord, or to subject the area to any lien. Landlord shall cause
a short form of this lease to be recorded in the office of the Recording Clerk
of the county where the area is located.
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BREACH
16. Tenant shall breach this lease and shall be considered in default
if:
(a) Tenant fails to pay any rent due within seven (7) days of
receiving notice from the Landlord;
(b) Tenant fails to perform or comply with any of the
non-monetary covenants or conditions of this lease and such failure continues
for a period of ten (10) days after receipt of notice thereof from Landlord;
17. In the event of a breach in the lease as set forth above, the
rights of the Landlord shall be as follows:
(a) Landlord shall have the right to terminate the lease by
giving to Tenant not less than ten (10) days notice. On expiration of the time
fixed in the notice, the lease shall terminate, except as to Tenant's liability,
as of the date fixed in the notice of cancellation; and
(b) All notices, demands or writings in this lease shall be
deemed to have been fully given when made in writing and deposited in U. S.
Mail, certified return receipt requested, to the addresses of the respective
parties first stated herein, or at the leased area. The addresses to which any
notice, demand or writing may be given as above provided may be changed by
written notice given by such party as above provided.
18. Neither party shall have the right to cancel this lease for default
of the other party unless such default remains for ten (10) days after notice in
writing given such defaulting party specifying the nature of the default;
provided, however, that if, because of the circumstances beyond the Landlord's
control, the Landlord cannot cure the default on his part within such time, and
such default does not interfere with Tenant's use, occupancy and quiet enjoyment
of the demised area, then the Landlord shall have reasonable additional time in
which to cure such default.
19. If either party notifies the other as provided herein at section 2
of the intention not to extend such lease, then such lease shall terminate 30
days after such notice. Tenant shall timely remove from the area, and shall
leave the area in good and proper condition.
20. The remedies herein given to the Landlord shall be cumulative and
the exercise of any one remedy by the Landlord shall not be to the exclusion of
any other remedy.
21. This lease shall at all times be construed and subject to the laws
of the State of Florida. Any provision contained herein which conflicts with
such laws shall be construed in the manner required by any such law, and such
law shall control in lieu of any provision.
RULES AND REGULATIONS
22. Landlord may from time to time publish reasonable rules and
regulations necessary to maintain the safety, cleanliness, orderliness and good
functioning of the area; and such rules and regulations shall be as binding upon
Tenant as if contained herein.
TENANT'S PROPERTY
23. Landlord shall not be responsible or liable for any property of
Tenant, and Tenant shall maintain contents insurance upon said property within
the area. Should Tenant fail to maintain such insurance, then in the event of
any loss, unless caused by Landlord's negligence, Landlord shall not be liable,
and Tenant hereby waives any claim or right of action against Landlord.
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ATTORNEYS' FEES
24. If any action at law or in equity is brought to enforce or
interpret the provisions of this Agreement, the prevailing party shall be
entitled to reasonable attorneys' fees, investigatory expenses in addition to
any other relief that may be available.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the
day and date set forth above.
Witnessed: "Tenant"
1-800-AutoTow Gulf Coast East, Inc.
/s/ Xxxxxx X. Xxxxxx /s/ Xxxxxx X. Xxxxxxx
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Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxxx
Attorney at Law Treasurer
"Landlord"
/s/ Xxxxx X. Xxxx
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Xxxxx X. Xxxx, Landlord
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