COMMERCIAL LEASE:
THIS LEASE AGREEMENT, [the "Lease"] made and entered into this ___ day of
November, 1996, by and between 340 NORTH, Inc., [hereinafter referred to as
"Landlord"], and Boat Tree, Inc., [hereinafter collectively referred to as
"Tenant"]
WITNES SETH:
Landlord does hereby lease to Tenant, and Tenant hereby takes from the Landlord,
the property commonly described as part of the structure and land space located
at 000 Xxxxx Xxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxx, as hereinafter
described, [collectively the "Premises"], subject to the following terms and
conditions:
1. DEMISED PREMISES: The portion of the property hereby leased unto the
Tenant shall be known collectively as the "Premises" and is described as
follows:
1.1 The Tenant shall have the exclusive use, possession and occupancy
of the part of the property located at 000 Xxxxx Xxxxxx Xxxx Xxxxxxxxx,
Xxxxxxxxx, consisting of portions of the land and building as shown on the map
and drawing attached hereto and made a part hereof as Exhibits "A.l,
"A.2.l","A.2.2" and "A.3", which generally consists of all of Lots 24, 26, 27,
28, the easterly portions of Xxx 0, 00, xxx 00, Xxxxx Xxxxxx Xxxxxxx, the Space
"A" and Space "B" consisting collectively of the entire downstairs of the
building and the northly apartment of the upstairs of the building, together
with any personal property, appliances, fixtures, or equipment located therein.
1.2 The Tenant shall have the non-exclusive use, jointly with all other
tenants of the property, to the entrance into the property from U. S. Highway 1,
and the parking lot area extending from the front of the building to U.S.
Highway 1 over Lot #25 and shall have access in common from Circle Avenue over
Lot 12 in the rear.
1.3 At the option of the Tenant, the Tenant shall have the right, at or
before the expiration of the end of the first six (6) months, to vacate the
Space designated as building Space "B" shown of Sheet "A.2.2" and the use of Lot
24 shown on Sheet "A.l", collectively known as Space "B". If tenant exercises
this option, this Lease shall continue with the remainder of the demised areas.
Tenant shall give the Landlord written notice at lest forty-five (45) days prior
to the expiration of said six month option period of Tenant's election to vacate
Space "B". If Tenant fails to give Landlord such written notice, Tenant shall be
deemed to have elected to continue in possession of. Space "B" for the entire
remainder of the this Lease, and all extensions exercised by Tenant.
2. TERM:
2.1 The initial term of this Lease shall be for a period of THREE (3)
years, ---------------
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commencing on January 1, 1997, the commencement date, and terminating on
December 31, 1999, unless terminated or extended as provided for herein.
2.2 The Landlord hereby grants to the Tenant the option and right to
renew and extend this Lease for an additional lease period or periods not
exceeding THREE (3) years additionally. If the Tenant elects to exercise this
option to renew and extend the term of this Lease, the Tenant shall deliver to
the Landlord a written notice of election to extend the Lease each time the
Tenant elects to renew this Lease, which such notice(s) shall be delivered on or
before sixty (60) days prior to the expiration of the then existing term of this
Lease. The optional period shall be for an additional period of three (3) years.
The renewed lease shall be on the same terms, conditions and rental as the
"base" lease, except that the rental for the option period shall be increased at
the rate of not more than 5% (five percent) using the final "base rental" for
computation of the new rental for each successive term. Provided however, that
notwithstanding any provision contained herein, the maximum term of this Lease,
together with all option periods, shall not exceed an aggregate of six (6)
years.
3. POSSESSION:
3.1 Landlord shall deliver the possession of the Premises to the Tenant
on or before the commencement date set forth herein. If the Landlord is unable
for any reason to deliver possession of the Premises to the Tenant on the
commencement date, Tenant's obligation to pay rent shall be abated until
possession is delivered to Tenant, and said abatement in rent shall be the full
extent of Landlord's liability to Tenant for any loss or damage on account of
said delay in delivery of possession of the Premises. provided however, if the
Landlord is unable to deliver possession of the Premises for a period more than
ninety (90) days after the commencement date, either the Tenant or the Landlord
shall have the option to cancel this Lease, in which event all deposits shall be
refunded and all parties shall be released from all and any further obligation
or liability to the other.
3.2 Tenant, upon the entry and taking of actual possession of the
Premises, hereby takes the Premises in the condition as they are on such date,
and Tenant waives and releases the Landlord for all defects in the Premises not
expressly noticed to the Landlord by Tenant prior to such possession, except for
and excluding from this clause the special improvements and alterations to be
performed by Landlord as shown in the addendum to this Lease. Tenant expressly
accepts the Premises, furniture, fixtures, appliances, equipment, and
appurtenances to the Premises as they are and agrees that all are in serviceable
and good repair. Tenant acknowledges that the Landlord has the following
appliances on the Premises which may be used by the Tenant, but which the Tenant
agrees to maintain in good repair: exterior perimeter fencing, outdoor lighting,
30 foot by 40 foot exterior canopy or shed [to be constructed by Landlord]
paving or surfaced parking areas. heating & air conditioning system hot water
heater.
3.3 Upon delivery of possession to the Tenant, the Tenant shall have
the rights of exclusive possession and quiet enjoyment of the Premises as to all
parties other than the Landlord and any mortgage holder on the Premises, and
Tenant's rights shall be subject and subordinate to
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the rights of the same in the Premises. Provided however, the Landlord shall
:retain the right at such times as necessary to enter upon the Premises to
perform necessary or desired repairs or additions, and to inspect the Premises
~for compliance with the covenants of this Lease by Tenant.
4. RENT:
4.l.A For and in consideration of this Lease and the use and occupancy
of the Premises for the initial term of this Lease, the Tenants shall pay to the
Landlord as the total rent the sum of ONE-HUNDRED-SEVENTY-FIVE-THOUSAND and
no/100 ($175,800.00) DOLLARS, due and payable without further notice or demand
in equal monthly installments of FOUR- THOUSAND-FOUR-HUNDRED and no 100
($4,400.00) DOLLARS each for the first six months, FOUR-THOUSAND-NINE-HUNDRED
and no/100 (84.900.00) DOLLARS each for the next eighteen (18) months, and
FIVE-THOUSAND-ONE-HUNDRED and no 100 ($5,100.00) DOLLARS each for the next
twelve (12) months, with the first installment due upon January 1, 1997, and
continuing on the first day of each month thereafter, until all sums due herein
under are paid in full and until termination of this Lease.
4.1.B Provided however, if the Tenant elects pursuant to Article 1.3
above, to vacate that portion of the Property known as Space "B", the above
rental shall be reduced and be on the following schedule: the rent for the first
six (6) months shall be FOUR-THOUSAND-FOUR- HUNDRED and no/100 ($4,400.00)
Dollars per month, from and after the Tenant vacates Space "B", the rent for
months seven (7) through and including month twenty-four (24) shall be
THREE-THOUSAND-SIX-HUNDRED and no/100 ($3,600.00) Dollars per month, and for
months twenty-five (25) through and including month thirty-six (36) shall be
THREE- THOUSAND-EIGHT HUNDRED and no/100 ($3.800.00) Dollars per month. The
aggregate total rental shall likewise be reduced in accordance with this
schedule monthly rental amounts.
4.2 Deleted per agreement.
4.3 In addition to any other remedies provided to Landlord in this
Lease, Tenant shall be required to pay Landlord a late charge of five percent
(5%) of any installment not paid on the date such installment comes due, plus
interest at the highest rate allowed by law on any rental which remains unpaid
for ten (10) days or more after its due date.
4.4 In addition to any other sums required to be paid by Tenant to
Landlord, and as additional rent, the Tenant shall pay as and when due all sales
and use taxes levied or attributable to the rental sums due hereunder.
5. PRE-PAID RENTAL:
5.1 Upon execution of this Lease as required herein, Tenant shall deliver
to Landlord, an amount of FOUR-THOUSAND-FOUR-HUNDRED and no/100 ($4,400.00)
Dollars which shall constitute and be held by Landlord as pre-paid rent for the
first month's lease installment. On
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or before January 1, 1997, the Tenant shall deliver to the Landlord the
additional sum of pre-paid rental of THREE-THOUSAND-EIGHT-HUNDRED and no/100
($3,800.00) Dollars as the rental due for month thirty-six (36), and the sum of
THREE-THOUSAND-SIX-HUNDRED and no/100 ($3,600.00) Dollars as security deposit.
If Tenant elects to remain in possession of Space "B" in accordance with Article
1.3 above, Tenant shall deliver to Landlord an additional pre-paid rental
deposit of ONE-THOUSAND-THREE-HUNDRED and no/100 ($1,300.00) Dollars on or
before July 1, 1997, as the balance due of the rental due in month thirty-six
(36) . Tenant shall be permitted to apply the aggregate per-paid rental to the
monthly rental due in month 36. Tenant shall be permitted to apply the security
deposit in partial payment 13th. month's rental.
5.2 Provided that the Tenant is not in default of any of the terms and
provisions hereof, Tenant may elect to have said pre--paid rent applied to the
last month's rent installment which will be due and owing hereunder, upon paying
to Landlord any and all other amounts which may be due hereunder, including all
late payments, interest, late fees, and other amounts which may be due
hereunder.
5.3 In the event that amounts are due and owing under this Lease for
rent, late payment, interest or penalties, the pre--paid rent shall first be
applied to the payment of amounts which are due for previous months, with all
remaining amounts being applied to the payment of the last month's rent
installment and Tenant shall pay to Landlord the difference between the amount
owed for the last month's rent installment and the amount of the pre--payment
which remains after payment of all delinquent monthly installments, late
payments, interest and penalties by Landlord in accordance herewith.
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6.1 On or before January 1, 1997, Tenant shall deposit with Landlord
the sum of THREE-THOUSAND-SIX-HUNDRED and no 100 DOLLARS ($3.600.00), which
shall be retained by Landlord at First Union Bank, 000 Xxxxx Xxxxxxx Xxxxxx,
Xxxxxxxxx, Xxxxxxx, as security for the faithful performance by Tenant of the
terms, provisions, covenants and conditions of this Lease, including Tenant's
covenant to maintain the Premises. Landlord, may at the time of default by
Tenant under any of the terms, provisions, covenants or conditions of the Lease
apply said sum or any part thereof toward the payment of the rents and all or
the sums payable by Tenant under this Lease, and towards the performance of each
and every one of the Tenant's covenants under this Lease, or any costs,
including attorney fees caused by Tenant's breach, but such covenants and
Tenant's liability under this Lease shall be discharged only pro tanto and the
Tenants's shall remain liable for any amounts that such sum shall be
insufficient to pay.
6.2 Deleted and omitted per agreement.
6.3 Deleted and omitted per agreement
6.4 Deleted and omitted per agreement.
6.5 Deleted and omitted per agreement.
7. MAINTENANCE. REPAIRS, AND ALTERATIONS:
7.1 Tenant shall at his/her own expense, maintain the Premises in a
clean and vermin free condition which includes, but is not limited to the
maintenance and care of all interior and exterior portions of the Premises,
including the lawn, yard, parking areas, fencing, signs, lighting, grass,
shrubs, plants and foliage for the Premises. Tenant shall take good and
reasonable care and maintenance of all appliances, fixtures, equipment, carpet
and other floor coverings, window coverings, blinds, all glass panels, and
window shades, including all filters, fuses, interior and exterior painting,
light bulbs, window screens, plumbing fixtures, electrical fixtures, switches
and outlets, fuses or circuit breakers, light fixtures, door keys and all
matters of routine maintenance of the foregoing. Tenant shall keep in good and
clean manner all areas of the Premises, shall not accumulate waste, refuse, or
debris, and shall exercise good house keeping standards at all times.
7.2 Landlord shall maintain the structural portions of the ceiling,
walls, floors, roof, stairs, and foundations, the electrical and plumbing
systems, installed wiring, circuit panels, meter bases, sewer drains, mains and
vent pipes, pipes and plumbing in the walls and under the floors, the heating
and air conditioning systems (excluding the filters, and the hot water heaters.
Provided however, in the event the repair is caused by or necessitated by
Tenant's, or Tenant's guests or invitees, misuse or negligence thereof, the
Tenant shall be solely liable for such repair or replacement. Landlord shall be
liable for all keys to the joint bathroom, if any.
7.3 Tenant shall not, without Landlord's express written prior consent,
paint or make
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any alterations, additions or improvements to the inside or outside of the
Premises or any part thereof. Unless otherwise stated in Landlord's written
consent, any alterations, additions or improvements made, including painting,
paneling, wallpaper, partitions, shelves, awnings, window treatments or window
coverings, affixed carpeting, and any shrubs or plantings shall immediately
become the Landlord's property upon the attachment to the Premises and the same
shall be left in good conditions at the end of the Lease.
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7.4 Tenant shall pay all costs and expenses for any repair or
replacement of any furniture, fixtures, plumbing and electrical components,
equipment, appliances, walls, carpets, or any other part or portion of the
leased Premises or any appurtenances thereto damaged by Tenant, family members,
guests, invitees any other person under Tenant's control, direction, or express
or implied invitation. All such sums shall be due and payable at once, shall be
deemed as additional rent.
7.5 No portion of the outside walls or xxxxx may be painted or altered
by the Tenant, nor shall the interior walls or ceilings of the Premises be
painted or altered by Tenant, without first obtaining the written approval of
Landlord.
7.6 The Tenant shall not drill holes in the ceiling or walls of the
Premises to install hanging lamps or other fixtures nor cause any punctures or
other attachments to be made in or on the ceiling or walls, without first
obtaining the written consent of Landlord. With or without Landlord's consent,
Tenant shall, prior to terminating the Lease and vacating the Premises remove
all such fasteners and patch all holes caused by such nails, screws, or
fasteners' and repaint the wall or ceiling with matching paint so as to leave
the Premises in as good condition as at the beginning of the Lease.
8. PLACE OF PAYMENT. NOTICES AND COMPLAINTS:
8.1 All rent payments, complaints and notices shall be forwarded to
Landlord at 000 Xxxx Xxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxx 00000 by U.S. Mail
postage prepaid, by certified or registered mail, return receipt requested
[other than rental payments which can be by regular postage], or at such other
address provided by Landlord.
8.2 Written notice mailed or delivered to Tenant at the leased Premises
as set forth above, shall constitute sufficient notice to Tenant as may be
required herein.
8.3 Rent shall be deemed made when actually received by Landlord in
good and sufficient funds, and not when mailed by Tenant and all penalties, late
fees, and interest charges shall be determined by the actual date rent is due
and received by Landlord, not when placed in the U. S. Mail or other courier
services.
9. NO ASSIGNMENT OR SUBLETTING: Tenant shall neither assign nor sublet
any part or all of the Premises without the prior written consent of the
Landlord, which consent may be denied or withheld at the sole and absolute
discretion of Landlord.
10. HOLD HARMLESS:
10.1 Tenant shall indemnify and hold harmless Landlord, its agents,
representatives, employees, assigns or successors, against and from any and all
claims, costs, losses, damages, judgments, expenses attorney fees or any other
liabilities arising from Tenant's use of the Premises
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or from any activity permitted or suffered by the Tenant or its employees,
guests or invitees in or about the Premises; against and from Tenant's failure
to comply with any law, rule, regulation or order of any governmental authority;
and, against and from any and all claims arising from any breach or default in
the performance of any obligation on Tenant's part to be performed under the
terms of this Lease. The Landlord shall not be liable to the Tenant or the
Tenant's family, agents, guests, invitees, employees or servants, for any
damages or losses to personal property caused by other residents of the complex
or by any other person. Tenant
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agrees to indemnify and hold the Landlord harmless from and against any and all
claims for damages to the property or persons arising from Tenant's use of the
Premises, or for any activity, work or thing done, permitted or suffered by
Tenant in or about the Premises. The Landlord shall be liable for personal
injury or damage or loss of Tenant's personal property (furniture, jewelry,
clothing, etc.) from theft, vandalism, fire, water, rainstorms, smoke, acts of
God, acts of other persons, or any other causes whatsoever even if such loss,
damage, or claims arise from or are in any way connected to the negligence of
the Landlord.
10.2 Tenant, as a material part of the consideration to the Landlord,
hereby assumes all risk of damage to the property or injury to persons in, upon
or about the Premises, from any cause other than Landlord's willful or
intentional acts; this indemnification and hold harmless agreement shall apply
to all claims against Landlord including claims attributable in whole or part to
Landlord's negligent acts or omission; and, Tenant hereby waives all claims in
respect thereof against Landlord.
10.3 Tenant shall give prompt, but not later than within 24 hours after
the occurrence of any event of casualty, written and oral notice to Landlord in
case or in the event or any casualty or accidents to any person or any property
or to the Premises.
11. OCCUPANCY AND COMPLIANCE WITH THE LAW:
11.1 Tenant shall use the Premises for the purposes of a retail boat
and boat accessory store and sales lot, the outfitting of new boats, boat
trailers, the repair of boats and boat engines, the storage of boats, and
related activities as permitted by the City of Melbourne land use regulations.
Tenant shall be solely responsible, at its costs, to obtain the appropriate
occupational licenses or permits to operate Tenant's business at the premises.
11.2 Tenant shall comply with all laws, rules and regulations of any
governmental agency which are applicable to the use of the Premises. In
particular, Tenant shall not conduct or permit any activity on or about the
premises which results in the contamination of the property from any substances,
including oils, petroleum products, paints, solvents, fuels, gas, fluids, or
other such containments. Tenant expressly indemnifies and holds the Landlord
harmless from all such contaminations, and Tenant remains liable for the removal
and restoration of the premises for such containments not withstanding the
termination or expiration of this Lease.
12. CONDEMNATION:
12.1 Tenant hereby waives any claim of loss or damage to Tenant or
right or claim to any part of the award as a result of the exercise of the power
of eminent domain of any governmental agency, whether such loss or damage
results from condemnation of part or portion of all of the Premises or any part
or portion of the parking area or of the entrances or exits of the Premises or
any part thereof, and Tenant hereby assigns to Landlord all such causes or
claims. Should any power of eminent domain or condemnation be exercised against
the Premises which
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measurably interferes with or diminishes the Tenant's actual occupancy of the
Premises, the sole and exclusive remedy of Tenant is that the rentals otherwise
due hereunder shall be abated in an amount proportionate with the actual loss or
diminishment of the occupancy of the Premises suffered by Tenant.
12.2 In the event of an entire or partial permanent taking or
condemnation that shall render the Premises clearly unsuitable for the uses
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stated in this Lease, the term of this Lease shall cease and terminate as of the
date of possession being required by the condemning authority, and the Tenant
shall have no claim against Landlord for the termination of the Lease, for
severance, moving, or relocation costs, the value of any unexpired term of this
Lease, for any increased costs of replacement property, or for any other claim
or cause of action.
12.3 Provided further, by mutual agreement between the parties, if
Landlord has additional exterior parking and access areas located immediately
adjacent and contiguous to the specific land space leased unto the Tenant as
described herein, the Landlord may substitute such other land space in place of
the portions taken by such condemning authority, in which event the Tenant shall
have the option to accept such substituted land space and shall have no
additional claim for damages or loss against the Landlord, nor shall Tenant have
any cause to terminate this lease, and this lease shall continue unabated,-with
the substituted land space.
13. RECONSTRUCTION - DAMAGES TO PREMISES AND PROCEEDS: In
the event or occurrence of the destruction, damage, or loss of any kind to the
Premises, or any part thereof, by reason of fire, rising water, floods, wind
storm, or other casualty, the following provisions shall apply and control:
13.1 Immediately, but no later than 24 hours after the occurrence of
any event of such damage or loss, Tenant shall notify the Landlord as to such
occurrence, giving such details as the event requires. Tenant shall immediately
take all steps necessary to protect and preserve the Premises and the Tenant's
own personal property.
13.2 In the event of the destruction or damage to less than the entire
leased building area, and as soon as practical but not later than ten (10) days
after the occurrence of such accident or casualty, the Landlord and Tenant shall
determine if the leased building area, or the undamaged portion thereof, are
capable of continued functional use by the Tenant notwithstanding such damage
and whether the leased building area is capable of being restored to full use
within ninety (90) days from the date of such damage and destruction. If the
leased building area, or the majority of thereof, remain functional for Tenant's
purposes, the damage is not in a critical area of the building, and the balance
of the leased building area remains functional and repairable within such
period, the Tenant's monthly obligation to pay rent shall be reduced by a factor
based upon a prorata amount considering the square feet of the leased building
areas which are damaged or rendered unusable by Tenant. The balance of the
rental otherwise due shall not xxxxx or terminate and the Landlord shall
undertake with all due diligence all necessary repair and restoration work to
the Premises within said ninety (90) days. If the leased building area, or a
majority thereof, are not functional for Tenant's uses, or in the good faith
opinion of the Tenant the damage to the leased building area is in a critical
area to Tenant's use of the building, or the damage renders the leased building
area unusable to the Tenant, and at the option of the Tenant, the Tenant may
terminate the Lease and vacate the entire premises, including all leased ground
space, and this Lease shall terminate upon the date of the election by Tenant to
so terminate.
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13.3 In the event of the destruction or damage to a majority or the
entire Premises so as to render the entire Premises, or a majority thereof,
uninhabitable, or in the event the Premises cannot be repaired within ninety
(90) days, either the Landlord or the Tenant may elect to terminate this Lease.
Such notice of election to terminate the Lease shall be made by giving written
notice to the other of such election to terminate within ten (10) days of the
date of the casualty. Such termination, and the parties obligations under this
Lease shall terminate effective upon the date of the casualty and the rental due
for that month shall be prorated to the date of termination.
13.4 In the event of the destruction or casualty to the Premises, the
Landlord shall be entitled to any and all insurance proceeds payable by reason
of such damage or destruction to the Premises. The Tenant shall be entitled to
any insurance proceeds payable by reason of the damage or destruction to any
personal property owned by the Tenant which suffered damage or loss. Tenant
shall promptly execute or endorse to the Landlord all insurance checks or
payments due Landlord and shall fully cooperate with Landlord in the settlement
of all such claims.
13.5 If the Lease is not terminated as aforesaid, Landlord shall
promptly and with all due diligence proceed to restore and repair the Premises
to the condition as existed on the date of commencement of this Lease and all
insurance proceeds paid to Landlord as a result of such casualty shall be made
available for such restoration in the same manner and following the", same
procedure as for construction of improvements to the Premises. Landlord shall
not be required to restore or repair any additions, improvements, or alterations
made by the Tenant nor for the damage or loss to any personal property of
Tenant. So long as the Landlord is proceeding in a reasonable and diligent
manner to cause the necessary repairs and restoration to the Premises, this
Lease shall not terminate nor shall Tenant be relieved from any payment of rent
or from the performance of any of its obligations hereunder, except that there
shall be a temporary abatement and waiver of the rent for such period of time as
the Premises are not habitable by the Tenant as the result of such damage,
destruction or restoration work. During such restoration work, the rent shall be
prorated daily as to any fraction of a month during which the Premises, or a
majority thereof, are not habitable by the Tenant and the Tenant is required by
such damage to temporarily relocate. Landlord shall no't be liable for any
temporary housing, relocation expenses, or moving expenses incurred by Tenant.
Upon the completion of the restoration of the Premises, Tenant shall continue
its habitation of the Premises and the rent shall recommence, if abated as
aforesaid provided, on the date of the redelivery of the possession of the
restored Premises to the Tenant. Notwithstanding anything to the contrary
contained herein, the Tenant and the Landlord shall each have the right to
terminate this Lease if the Premises are not restored within ninety (90) days
from the date of the damage or destruction.
13.6 Notwithstanding anything set forth in Lease to the contrary, if it
is determined that the damage or destruction to the Premises was caused in part
or whole by the negligence and br intentional acts of Tenant then Tenant shall
be liable for the rent due for the remaining term of the Lease regardless of
whether Tenant is able to use the Premises or whether the Landlord restores and
repairs the Premises. In such event of Tenant's negligent or intentional damage
or destruction
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to Premises, the Tenant shall be fully liable to the Landlord for all such
damage and loss.
14. TENANT'S DEFAULT: The occurrence of any one or more, singularly or
collectively, of the following shall constitute an Event of Default and a breach
of this Lease by Tenant:
14.1 The vacating or abandonment of the Premises by the Tenant;
14.2 The subletting or assignment of the Lease or of any portion of the
Premises by the Tenant without the prior written consent of Landlord;
14.3 The alteration, improvement or addition to the Premises by the Tenant
without the prior written consent of the Landlord;
14.5 The failure by Tenant to make any payment of rent or any other payment
required to be made by Tenant hereunder including, but not limited to, all rent,
penalties, late payments, and all reimbursement owed to Landlord hereunder, as
and when due.
14.6 The intentional or negligent damage or destruction to the Premises by
the Tenant;
14.7 The failure by the Tenant to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by the
Tenant.
14.8 If the Tenant shall make an assignment for the benefit of creditors,
or file a voluntary petition in bankruptcy, or be adjudicated bankrupt by any
court and such adjudication shall not be vacated within thirty (30) days, or
Tenant takes the benefit of any insolvency act, or Tenant have a receiver of
Tenant's property appointed in any proceedings other than bankruptcy
proceedings, and such appointment shall not be vacated within thirty (30) days
after it has been made, or an involuntary petition in bankruptcy is filed and is
not dismissed within thirty (30) days.
14.9 The violation by the Tenant of any rules, laws, or regulation of any
governmental agency, including the commission by the Tenant of any act in
violation of any statute deemed to be a felony or of moral turpitude, or the
commission by the Tenant of acts of nuisance to neighbors.
14.10 Upon the happening of any one or more of the Events of Default set
forth above or otherwise contained in this Lease, and at the sole option of the
Landlord, this Lease and the right of Tenant to occupy the premises for the
remaining term hereof shall cease and terminate, but Tenant' shall remain liable
for the balance of the rent for such remaining term notwithstanding such
termination. Upon the election by Landlord to terminate this Lease, the Tenant
shall immediately vacate the Premises and the Landlord shall have the right to
re--enter the Premises and have exclusive possession thereof. The election or
failure by Landlord to not terminate this Lease upon the occasion of any Event
of Default shall not be deemed to be a waiver of Landlord's right to terminate
the Lease at a subsequent time for such Event of Default, nor a waiver of the
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violation of such Event of Default. The acceptance of rent by Landlord upon or
after the occurrence of an Event of Default shall not be deemed to be a waiver
or release of such Default, and the Landlord shall have the right,
notwithstanding the acceptance of such rent, to declare a termination of this
Lease.
15. LANDLORD'S REMEDIES: In the event of any Event of Default or breach
by Tenant, Landlord may at any time thereafter, in its sole discretion, with or
without notice or demand and without limiting Landlord in the exercise of a
right or remedy which Landlord may have by reason of such default or breach have
or pursue any one or all of the following remedies:
15.1 Terminate this Lease and Tenant's right to possession of the
Premises by providing Tenant with seven (7) days written notice to the Tenant
that the Lease is terminated, and upon such notice, this Lease shall terminate
and the Tenant shall immediately surrender possession of the Premises to the
Landlord. Notwithstanding such termination, the Tenant shall remain liable to
Landlord for the remaining unpaid portion of the total rental due under this
Lease, which such rental shall at once accelerate and become due and payable at
once.
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15.2 Notwithstanding the provisions of paragraph 15.2 above, and in the
event of the failure by Tenant to pay the rental or any other sums due hereunder
when due, the Landlord shall have the right to terminate this Lease upon the
giving of a three (3) day written notice to Tenant of such default.
15.3 Pursue all other remedies now or hereafter available to Landlord
under the laws or judicial decisions of the State of Florida.
15.4 Declare the Tenant to be default of the terms and conditions of
this Lease, and declare, in its sole option and at Landlord's sole discretion,
the remaining unpaid amounts of rental due under this Lease for the balance of
the term to be accelerated and due and payable at once.
15.5 Upon the election and the giving by Landlord of the notice of
termination to Tenant, this Lease and all rights of Tenant shall at once cease
and terminate. Upon such termination, the Tenant shall immediately vacate the
Premises, redeliver the same to the Landlord and pay to Landlord the entire
balance of the unpaid rental for the balance of the term. From and after the
termination of the Tenant's right to occupy the Premises, until such date. The
possession of the Premises are redelivered to Landlord, the Tenant shall be
liable for wrongful possession and for holding over in violation of this Lease.
Upon such termination, the Landlord shall be entitled to use all lawful means to
obtain possession of the Premises, including all remedies as provided by law, by
peaceful self-help, pre-judgment writs of possession without bond, writs of
possession and assistance, and injunctive relief without bond.
15.6 Upon the Event of any Default or the upon the termination of this
Lease, Landlord shall be entitled to recover from Tenant all damages incurred by
Landlord by reason of Tenant's default including, by not limited to, the
accelerated balance of the unpaid rent for the remainder' of the term of this
Lease as if this Lease had not been terminated, the cost of recovering
possession of the Premises; all expenses of reletting the Premises, including
necessary renovation and alteration expenses, costs of advertisement brokerage
commissions and all other costs incurred; all attorney fees and court costs
incurred by Landlord, whether suit is file or not, and at pre-trial, trial, post
trial, on appeal, and for any mediation, arbitration, or alternative dispute
proceedings; and, unpaid installments of rent and other charges shall bear
interest from the date due until paid at 18% per annum.
15.7 Failure by Landlord to exercise any one of the remedies provided
in this Lease upon the Event of a Default, shall not constitute a waiver of the
right to exercise the same right, or any other rights, at any other time.
15.8 Tenant, and any sureties, guarantors or endorsers of this Lease,
hereby jointly and severally: (1) consent and stipulate that for purposes of any
motion or proceeding brought or maintained by Landlord under 00 Xxxxxx Xxxxxx
Code (U.S.C.) ss.361, ss.362, or ss.363, as amended, that Landlord shall be
entitled to the immediate and expedited relief from the automatic stay
provisions of 11 U.S.C. ss.362(a) by the termination, annulling, modification,
or conditioning of
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15
such stay with such remedy being at the sole option of the Landlord; (2) consent
and stipulate that cause, including lack of adequate protection of Landlord's
interests, exists for the granting of such immediate relief from the automatic
stay provisions of 11 U.S.C. ss.362(a); (3) consent and stipulate that the
Tenant does not have any equity in such property, notwithstanding the provisions
of 11 U.S.C. ss.362(g); and, (4) consent and stipulate that the premises are not
necessary for an effective reorganization of the Tenant.
15.9 Acceptance of any payment or partial payment after its due date
shall not be deemed a waiver of the right to require prompt payment when due of
all other sums, and acceptance of any payment after Landlord has declared an
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acceleration or default of this Lease and demanded the entire indebtedness due
and payable shall not cure any Event of Default or operate as a waiver of any
right of Landlord hereunder.
15.10 No waiver of any default or non-exercise of a right hereunder
shall waive any other default, or the same default on a future occasion, or
preclude exercising any other right or the same right on a future occasion.
15.20 Upon the Landlord giving any written notice of default, the
Tenant shall have a period of thirty (30) days to cure any such default.
16. OMITTED ON PURPOSE:
17. ATTORNEY FEES AND COSTS:
17.1 The prevailing party in any action under or concerning this Lease
shall recover from the other party reasonable attorney's fees and costs, whether
or not suit be brought, including attorney's fees and costs on appeal, plus all
other reasonable expenses incurred by the prevailing party in exercising any of
the rights and remedies hereunder, including, without limitation, court costs,
other legal expenses and attorney's fees incurred in connection with
consultation, arbitration, mediation, alternative dispute resolution, and
litigation, and such fees, costs, and expenses shall' bear interest at the rate
of 18% per annum until paid.
18. LIENS: Tenant shall not permit the Premises to become subject to
any lien, claim, notice, judgment, charge or encumbrance whatsoever, and Tenant
shall indemnify and hold the Landlord harmless from and against such liens,
claim, notice, judgment, charges and encumbrances. Tenant shall have no
authority, express or implied, to create or consent to 'any lien, charge or
encumbrance upon the Premises. All materialmen, contractors, artisans,
mechanics, workmen, laborers and other persons contracting with Tenant in
respect to the Premises or any part thereof, are hereby charged with notice that
they must look only to the Tenant and not to this Lease, the Landlord, or the
Premises to secure or obtain payment of any xxxx for work done or material
furnished or for any other purpose during the term of this Lease. In the event
that any lien, judgment, claim, charge, or encumbrance is filed against the
Premises for monies owed or contracted for by Tenant, Tenant shall cause such to
be released of record within twenty (20) days after filing of the same. Tenant's
violation of this provision or the failure by Tenant to comply with this
provision shall be an Event of Default.
19. PERSONAL PROPERTY REPAIR: In the event maintenance, repair, or
replacement of any furniture, equipment, appliances, fixtures, plumbing,
electrical or other component of the Premises shall be required, Tenant shall
first report such failure or need for repair in writing to Landlord. After
receipt of such notice, Landlord shall have fifteen (15) days to repair, restore
or replace such item. Landlord shall not be liable for any repairs or services
calls not authorized by Landlord or made in violation of this provision.
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20. USE OF PREMISES:
20.1 Tenant shall not use or permit the use of any part of the Premises
for any illegal, immoral or improper purpose, and shall not create or permit any
disturbance or nuisance on the Premises so as to disturb or harass the quiet and
peaceful enjoyment of other inhabitants in the vicinity of the leased Premises.
A written complaint of violation of this clause by Tenant, if substantiated by
Landlord, shall be an Event of Default.
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20.2 Tenant shall not commit or permit any waste or destruction to or
on the leased Premises.
20.3 Tenant shall not be permitted to keep or maintain any pets or
other animals in or about the Premises without the prior written consent of the
Landlord. In the event the Tenant elects to use a guard dog on the premises for
security purposes, the Tenant, as a condition to Landlord's approval of such
animal, shall obtain and maintain at its sole cost a special or additional
endorsement to the public liability insurance policy maintained by Tenant
covering all additional public liability risks occasioned by such guard dog. For
this purpose, prohibited pets shall include, but not be limited to, fish,
reptiles, birds, dogs, cats, or any other living creatures other than humans and
plants.
20.4 Tenant shall comply in all respects to the land use ordinances of
the City of Melbourne.
21. LOCKS: No substitute or additional locks of any kind whatsoever
shall be placed upon any doors or windows of the Premises by the Tenant, nor'.
may the present locks or tumblers be changed without the prior written consent
of the Landlord. If such additional locks or tumblers are changed without the
prior written consent of the Landlord, the Landlord has the right to remove the
same without any liability to Tenant and to restore the original locks or
tumblers with all costs of the same being charged to paid by the Tenant. Tenant
shall forthwith provide to the Landlord duplicate copies of all keys and a copy
of all combinations or security codes for all locks.
22. UTILITIES: Tenant shall pay and be responsible for all utilities
including electricity, gas, water, sewer, tv cable, telephone, trash and garbage
collection, pest control and lawn service. Landlord shall not be responsible or
liable for any delay in installation or interruption on the use or service of
any such utilities.
23. TENANT'S INSURANCE: Tenant agrees and stipulates that his/her
personal property and belongings placed on or about the Premises are not insured
or covered by landlord's insurance. Tenant hereby holds Landlord harmless from
any loss or damage to Tenant's personal property. Tenant, at no charge to
Landlord, shall name the Landlord an additional named insured in all policies
obtained by Tenant and shall provide a copy of the same to the Landlord.
23.1 Tenant shall obtain, and maintain in full force and effect at all
times, at its sole costs and expense, a policy or policies of insurance
providing public liability insurance for property damage, personal injury and
death, with full coverage from all causes and risks, including any extended
coverages, in an amount not less than $1,000,000.00, with a good and sufficient
rated company. Tenant shall obtain, and maintain in full force and effect at all
times, at its sole costs and expense, a policy or policies of insurance
providing workers compensation for its employees and sub-contractors, in an
amount not less than the amount required by Florida Statute, with a good and
sufficient rated company.
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23.2 Tenant shall cause each policy to show the Landlord as an
additional named insured, shall provide Landlord with a copy of each policy, and
shall cause a Certificate of Insurance to be provided to the Landlord for each
such policy. It shall be an Event of Default if any said policy is not
maintained in current status. Landlord shall have the right, but not the
obligation, to obtain insurance in the event the insurance obtained by Tenant is
not current, in which event, any sums advanced by Landlord shall be deemed rent
and shall be due and payable, without demand or notice, at once.
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24. TENANT'S OBLIGATION WHEN VACATING: Upon vacating the Premises, whether
at the end of the term of this Lease or at any other time, it shall be the
responsibility of the Tenant to:
24.1 Perform the following final cleaning requirements:
a. Clean all appliances, the floor, windows, cabinets, toilets, bathrooms,
closets, storage areas, and leave the Premises in a clean and neat condition.
b. Close and lock all windows and doors.
c. Dispose of all trash and garbage.
e. Return all keys directly to Landlord or Landlord's agent into and until
such time as the keys have been returned to Landlord, the Tenant's obligation to
pay rent s-hall continue. In the alternative, and 'at the sole option of the
Landlord, the Landlord shall have the doors and locks rekeyed, and shall be
authorized to deduct the costs thereof from the security deposit.
f. Remove all items of inventory ro equipment brought unto the premises by
Tenant.
g. Remove, and repair any damage caused by such removal, all exterior or
interior signs placed upon the premises by Tenant, except and excluding the
exterior over-head canopy at the front of the building, which canopy shall
remain property of Landlord.
24.2 Upon termination of the Lease, and if the Landlord detects or
finds the infestation of any fleas or other pests and vermin, whether am animal
was kept by the Tenant on the Premises with or without the consent of the
Landlord, Tenant shall be liable for the costs of treating and removing the
same. Tenant, at Tenant's sole cost, shall have a professional and licensed
pest control company to treat the Premises to eradicate such flea infestation,
and the costs of such treatment, if not paid by Tenant, shall be deducted from
the Security deposit. Tenant stipulates and agrees the use of consumer applied
pest control methods shall not satisfy this requirement.
25. GOVERNING LAWS AND VENUE:
25.1 This Lease shall be governed by and construed and enforced under
the laws of the State of Florida without regard to its conflict of laws
principles, and the venue of any action brought hereunder shall be limited to
the division of the appropriate Court, in and for Brevard County, Florida.
25.2 Tenant, and any sureties, guarantors or endorsers of this Lease,
hereby jointly and severally waive any right or privilege of venue, and consent
and subject itself to the personal
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jurisdiction of the appropriate Court, in and for Brevard County, Florida.
25.3 Deleted and omitted per agreement.
26. GENERAL PROVISIONS:
26.1 "Tenant" shall mean the party who signs this Lease as Tenant.
"Landlord" shall mean the owner of the Premises. The "Premises" shall mean the
improved real and personal property at the designated address, and all
appurtenances, fixtures, equipment and appliances attached or located thereon.
26.2 Deleted and omitted per agreement.
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26.3 The invalidity or unenforceability of any particular provision of
this Lease shall not affect the other provisions hereof, and the Lease shall be
construed in all respects as if such invalid or unenforceable provision were
omitted.
26.4 Notwithstanding any express or implied amount of interest charged
or due under this Lease which may by in excess of the highest rate allowable by
law for such amounts, shall be amended to be not more than the highest rate
allowable by law.
26.5 This Lease contains the entire agreement between Landlord and
Tenant. No representations, warranties, or agreements have been made by either
party except for those specifically set forth herein. This Lease may only be
modified, amended or supplemented by written instrument signed by both parties
which specifically refers to this Lease.
26.6 Time is of the essence of this Lease and each and all bf it
provisions in which some performance within a stated time is a factor or is
required.
26.7 Neither the Landlord nor the Tenant shall record this Lease hor
any memorandum or copy hereof. It shall be an Event of Default for Tenant to
violate this provision, and upon such violation, the tenant shall have seven (7)
days to record and full and complete release of the Lease in such public
records.
26.8 The waiver or nonenforcement by Landlord of any terms, covenant or
condition herein contained shall not be deemed to be a waiver of such term,
covenant or condition or any subsequent acceptance of rent hereunder by Landlord
shall bot be deemed to be a waiver of any preceding default by Tenant of any
term, covenant or condition of this Lease, other than the failure of the Tenant
to pay the particular rental so accepted, regardless of Landlord's knowledge of
such preceding default at the time of the acceptance of such rent.
26.9 This Lease has been drafted by counsel for Landlord as a
convenience to both parties and both parties have read and negotiated all of the
language used in this Lease. The parties acknowledge and agree that because all
parties participated in negotiating and drafting this Lease, no rule of
construction shall apply to this Lease which construes any language, whether
ambiguous, unclear or otherwise in favor of or against any party by reason of
that party's role in drafting this Lease.
26.10 The Tenants, if more than one named Tenant, acknowledge and agree
that each shall be jointly and severally liable to the Landlord for all
obligations due under this Lease and for any default of this Lease.
26.11 Tenant hereby waives and releases all rights of homestead with
respect to the Premises.
26.12 If the Tenant vacates or abandons the Premises and leaves any
personal property
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either in the Premises or anywhere about the building or its lawns or parking
areas, then Tenant shall be deemed to have abandoned the personal property and
it will be disposed of by Landlord, with liability to Landlord. The property
shall be deemed to be vacated or abandoned upon Tenant's failure to continuously
occupy the Premises for a period of thirty (30) days or more without the prior
written notice to Landlord of such intended absence.
26.13 Tenant shall not permit the accumulation of rubbish, refuse,
garbage, trash, or similar waste on the Premises. Upon the failure of Tenant to
remove any accumulation of such rubbish within three(3) day after receipt of
written notice to remove the same, Landlord shall have the right to remove the
same in which event the costs of removal incurred by Landlord shall be paid by
the Tenant as additional rent for the month immediately following the month such
expense is incurred by Landlord. At the option of the Landlord, the Landlord
shall have the right to declare the failure of Tenant to remove such rubbish as
an Event of Default.
26.14 Upon Tenant paying the rent reserved hereunder will and observing
and performing all of the covenants, conditions and provisions on Tenant's part
to be observed and performed hereunder, Tenant shall have the quiet possession
of the Premises for the term hereof, subject to all the provisions of this
Lease. Said right of quiet enjoyment shall terminate upon the occurrence of any
Event of Default, or upon the occurrence of any event, which would be an Event
of Default upon the giving of any notice required to be given. ~-.
26.15 No remedy or election herein shall be deemed exclusive but shall,
whenever possible, be cumulative with all other remedies at law or in equity.
The various rights and remedies contained in this Lease and reserved to the
Landlord shall not be exclusive of any right or remedy of Landlord, but shall be
construed as cumulative and shall be in addition to every other remedy now or
hereafter existing at law, in equity or by statute. No delay or omission of the
right to exercise any poser by Landlord shall impair any right or power or shall
be construed as a waiver of any subsequent or prior default or as acquiescence
in any default.
26.16 Landlord shall not be required to perform any covenant or
obligation under this Lease, or be liable fro damages to Tenant, so long as the
performance or non--performance of the covenant or obligation is delayed,
caused, or provided by an act of God, force majeure, war, civil unrest, or by
Tenant. For purposes of this Lease, an act of God or force majeure is defined as
strikes, lockouts, sit downs, material or labor restrictions by a governmental
authority, unusual transportation delays, riots, floods, washouts, explosions,
fires, storms, weather (including wet grounds or inclement weather which
prevents construction, settlement of the soils, sink--holes, rising waters,
lightning, electrical surges or brownouts, acts of the public enemy, wars,
insurrections, and or any other cause not reasonably within the control of
Landlord or by the exercise of due diligence Landlord is wholly or in part
unable to prevent or overcome.
27. SUBORDINATION. ATTORNMENT ESTOPPEL LETTERS:
27.1 Notwithstanding any provision of this Lease or of statute to the
contrary, all of
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Tenant's rights and privileges under this Lease, except as hereinafter expressly
provided, are and shall always be, subject and subordinate to the rights of the
Landlord and to any mortgage executed or assumed by Landlord encumbering the
Premises, whether currently existing or hereafter placed upon the Premises.
27.2 The holder of any such recorded mortgage, or the purchaser at any
foreclosure sale under a power of sale contained in any Mortgage, or any
assignee thereof shall the right to demand the Tenant to attorn to, and
recognize such mortgage holder or purchaser, as the case may be as Landlord
under this Lease for the balance then remaining of the term of this Lease,
subject to all terms of this Lease.
27.3 That the aforesaid provisions shall be self-operative and no
further instrument shall be necessary unless required by any such mortgage
holder or purchaser at foreclosure sale. By the execution of this Lease and the
acceptance of possession of the Premises, Tenant expressly consents to and
acknowledges the rights of the holder of such mortgage and of any purchaser at
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foreclosure sale. Notwithstanding anything to the contrary set forth above, any
mortgage holder may at any time subordinate its Mortgage to this Lease, without
Tenant's consent, by notice in writing to Tenant, and thereupon this Lease shall
be deemed prior to such Mortgage without regard to their respective dates of
execution, delivery and/or recording and in that event such Mortgagee shall have
the same rights with respect to this Lease as though this Lease had been
executed and a memorandum thereof recorded prior to the execution, delivery and
recording of the Mortgage and as though this Lease had been assigned to such
mortgage holder. Should Landlord or Mortgage holder or purchaser at foreclosure
sale desire confirmation of either such subordination or such attornment, as the
case may be, Tenant upon written request, and from time to time, shall promptly
execute and deliver without charge and in recordable form satisfactory to
Landlord, the Mortgage holder or to the purchaser at foreclosure sale all
instruments and/or other documents that may be requested to acknowledge such
subordination and/or agreement to attorn.
27.4 In the event Tenant fails to execute arid deliver in recordable
form the instruments and documents as required above, within twenty (20) days
after request in writing by Landlord or holder of such Mortgage or purchase'.r
at foreclosure sale, as the case may be, Tenant does hereby make, constitute and
appoint Landlord or such Mortgage holder or such purchaser at foreclosure sale,
as the case may be, as Tenant's attorney-in-fact and in its name, place and
stead to do so, or Landlord may treat such failure as a deliberate breach and an
Event of Default. The aforesaid power of attorney is given and coupled with an
interest and is irrevocable.
27.5 At any time, and from time to time, upon the written request of
Landlord or any mortgage holder, Tenant within twenty (20) days of the date of
such written request agrees to execute and deliver to Landlord and/or such
mortgage holder, without charge and in a form satisfactory to the person
requesting the same, a written statement: (a) ratifying this Lease; (b)
confirming the commencement and expiration date of the term of this Lease; (C)
certifying that Tenant is in occupancy of the Premises, and that the Lease is in
full force and effect and has not been modified, assigned, supplemented or
amended except by such writings as shall be stated; (d) certifying that all
conditions and agreements under this Lease to be satisfied or performed by
Landlord have 'been satisfied and performed except as shall be stated; (e)
certifying that Landlord is not in default under this Lease and there are no
defenses or offsets against the enforcement of this Lease by Landlord or stating
the defaults and/or defenses claimed by Tenant; (f) reciting the amount of
advance rent, if any, paid by Tenant and the date to which such rent has been
paid; (g) reciting the amount of security deposited with Landlord, if any; and
(h) any other information which Landlord or the mortgage holder shall require.
27.6 The failure or refusal of Tenant to execute, acknowledge and
deliver to Landlord or such mortgage holder a statement in accordance with the
provisions of Paragraph 27.5 above within said twenty (20) day period shall
constitute an acknowledgment by Tenant which may be relied upon by any person
holding or intending to acquire any interest whatsoever in the Premises that
this Lease had not been assigned, amended, changed, or modified, is in full
force and effect and that the Basic Rent and additional rent have been duly and
fully paid not beyond the respective due dates immediately preceding the date of
the request for such statement and shall
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constitute as to any persons entitled to rely on such statements a waiver of any
defaults by Landlord or defenses or offsets of the written request, and Landlord
at its option, may treat such failure as a deliberate Event of Default.
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28. SPECIAL PROVISIONS:
28.1 The Tenant shall be permitted to install and maintain such outdoor
or indoor signage as the Tenant so requires to advertise its business
activities, including the installation and maintenance of an exterior sign
located near the easterly boundary of the leased premises consisting of a
lighted sign similar to or the same as the sign Tenant currently has installed
at 000 Xxxxx Xxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxx. This provision shall be
subject to and conditioned upon Tenant obtaining, at its sole cost and
initiative, any and all permits, variances, or governmental authorizations which
may be required to install and maintain such sign or signs.
28.2 Deleted and omitted per agreement.
28.3 Deleted and omitted per agreement.
28.4 This Lease is further subject to the terms and conditions of the
attached Addendum, which by reference is incorporated herein and made a part
hereof.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and
seals to this Lease the day and year first above written.
WITNESSES: LANDLORD:
340 NORTH, INC.
BY:
Xxxx X. Xxxxxx, President
Printed Name:
TENANT:
Printed Name: BOAT TREE, INC.
BY:
Printed Name:
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ADDENDUM OF ADDITIONAL IMPROVEMENTS TO BE COMPLETED BY LANDLORD:
The Landlord, at its sole cost and expense shall complete the following
renovations or improvements to the subject premises:
1. Clean and resurface front "porch" floor area with indoor-outdoor
carpeting, with the color to be selected by Tenant.
2. Install interior demising wall at location "A" on the floor plan to
divide the ground floor area from the "Snappy Car" area. Install one hour
fire-rated wall between the Boat Tree area and the Snappy Car area. If Tenant
elects to lease the entire ground floor area, this wall will not be installed.
3. Deleted.
4. Deleted.
5. Deleted.
6. Deleted.
7. Deleted.
8. Install and key an interior door to provide access to the "common
bathroom" to provide that Boat Tree controls access to the said "common
bathroom", by excluding other tenants from access to said bathroom except at
times of normal operation of Boat Tree and by a one-way door into the bathroom
area. Said installation to be at the satisfaction of Tenant. If Tenant elects to
lease the entire ground floor area, this requirement will be deleted.
9. Install an additional wall switch for the overhead light in the
middle office.
10. Remove easterly wall in front office. Extend south wall in front
office at height of 36 inch to front of building and install a plate glass
window in new wall section to the ceiling.
11. Install a 48 inch by 48 inch plate glass window in north wall of
front office at location indicated by Tenant.
12. Install a 6 foot high fence from north-east corner of building to
U.S. 1 boundary line, with a 40 foot sliding gate. Install a 6 foot high fence
along U.S. 1 boundary line. Install an 8 foot high fence along north boundary
line to Circle Avenue, continuing along Circle Avenue to south boundary line of
property, continuing along south line of property to a point due south of
southwest corner of building, and continuing to south--west corner of building.
Landlord shall
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provide a sliding gate at existing driveway entrance at rear of property from
Circle Avenue and in the fence on the south side of the building providing
access from the front to the rear of the property.
13. Install and erect a roofed canopy of approximately 30 foot by 40
foot, with an interior height as specified by Tenant, to be located on the
existing concrete slab at location "D" on plot plan. At the selection of Tenant,
and subject to cost differentials with the Landlord reserving the right to
decide, said roofed canopy will be either metal or canvas. If the roof is
canvas, the Tenant shall have the right to select the color of the fabric.
14. Deliver, install and grade to a common elevation, sufficient white
washed gravel, or river gravel, to cover the entire unpaved exterior areas at a
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30
depth of at least six (6) inch thickness. This is a one-time requirement on
Landlord, and should settlement or erosion of the installed gravel occur, or
should Tenant desire additional gravel, all such additional or replacement
gravel shall be at the cost of Tenant.
15. Close doorway in existing wall in upstairs apartment between two
apartments.
16. Install heating and air conditioning in upstairs apartment and
render electrical system fully operational. Other than as set forth in 15 and
16, the upstairs shall be leased and taken "as is".
17. In the event that Landlord leases portions of the rear ground~area
to a tenant or tenants other than Intercostal Marina, Landlord shall install an
8' high fence extending from the north-west corner of the building westerly to
the south-west corner of the service canopy structure with an installed
sl+/-ding gate, continuing around the westerly perimeter of the leased property
extending to the north boundary line of the property.
18. Chip, cut or remove the existing curb between the rear driveway
area into the leased property area.
19. Remove the existing concrete slab at location "E" on the plot plan.
20. Landlord shall provide a common and joint access from Circle Avenue
to the rear of the building for all tenants at 340 North, and shall implement
rules common to all tenants requiring that the gate be kept closed and locked at
all times other than while in use.
21. In the event that the Tenant should exercise the option provided in
Article 1.3 above, to vacate Space "B", Landlord agrees, at its cost, to install
and complete the interior improvements originally agreed to include:
a. A demising wall between Space "A" and Space "B";
b. Such doors or doors and one-way locks to be controlled by
Boat Tree to provide bathroom access to the "joint bathroom" for the future
tenants of Space "B";
c. Install a 3'0" door in existing wall between the "service
area" an the hallway at location "B".
d. Install a 3'0" door in existing wall between the 'service
area~~ and the middle office at location "C".
e. Install drop ceiling in hallway area and in service area".
f. Enclosed hot water heater located in "service area
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g. Install exterior plate glass window in rear wall of
"service area"
ADDITIONAL SPECIAL PROVISIONS OF LEASE:
1. Landlord hereby grants permission to the Tenant to install, at the
sole cost and expense of Tenant, and at Tenant's initiative, including obtaining
all required permits and governmental authorizations, a lighted canvas awning
along the east face of the building. Said awning shall be at the design of the
Tenant. Once installed, Tenant shall be solely responsible to at all times
maintain said awning and any interior lighting, in good working order. At the
termination of the lease, the awning shall remain and become property of the
Landlord. Prior to the installation of said awning, Tenant shall submit final
plans to the Landlord showing the proposed awning. Tenant shall be liable to
Landlord for any damages caused to the building by the said awning.
2.1 Notwithstanding any provision contained in the lease to the
contrary, specifically Article 4.2 above, Tenant's obligation for rent shall not
commence to and until January 1, 1997, even in the event Tenant commences actual
occupancy prior to said date.
2.2 Deleted and omitted per agreement.
3. Landlord grants permission to Tenant to make improvements to the
upstairs apartment, including moving interior walls and interior doors,
installing cabinets, installing plumbing and additional electrical fixtures and
outlets, installing carpet, and similar interior improvements as selected by
Tenant. Landlord retains the right to deny Tenant permission to construct such
imposements as proposed if such proposed imposements compromise the structure or
functionality of the building. Landlord shall pay the first ONE-THOUSAND and
no/100 ($1,000.00) Dollars of said improvements, and Tenant shall pay any
balance over the said $1,000.00. All such improvements shall attach to the
property and become the property of the Landlord.
4. At the request of the Tenant, and at the sole discretion of' the
Landlord, the Landlord may grant the Tenant permission to install for
advertising and promotional purposes a boat hull on the roof of the building.
Provided however, such approval and consent by Landlord is contingent upon the
Tenant obtaining such engineering or architectural studies,' reports and
opinions that demonstrate such display would not compromise the building. And
provided further, that Tenant, at its sole cost, shall pay for all costs and
expenses associated with installing and maintaining such display in a safe
manner at all times, the Tenant obtaining and maintaining such special
endorsements to the policy of public liability, the Tenant paying for any
additional premiums to the building insurance caused by or attributable to such
display, the Tenant being responsible to remove such boat display at the
termination of the lease, the Tenant being responsible to repair any roof leaks
or damage caused by such boat display, the Tenant to provide such additional
security deposit as may be required by Landlord, all in such form, manner and
content as is satisfactory to the Landlord. Tenant shall be liable to Landlord
for any damage caused by such display. All costs for such display shall be paid
by Tenant.
5. From time to time and at the request of Tenant, and so long as
Tenant is not in
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32
default of this Lease, the Landlord shall execute such lien waivers or
subordination agreements, estoppel letters, or similar documents as may be
required by Tenant's inventory, floor plan, or equipment lenders and financial
institutions.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and
seals to this Lease the day and year first above written.
WITNESSES: LANDLORD:
340 NORTH, INC.
BY:
Printed Name Xxxx X. Xxxxxx, President
Printed Name: TENANT:
BOAT TREE, INC.
BY:
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33
