LEASE AGREEMENT
This Agreement entered into this May 1, 1999 by and between Xxxxx
Certain and Xxxxx X. Certain, (hereinafter called the "Lessor"), and Dynamic
Imaging Group Inc.
WITNESSETH
That Lessor does hereby lease unto Lessee and Lessee does hereby take
as tenant, that certain store building space commonly known as 0000 Xxxxx Xxxxx
Xxxxxxxxx, Xxxx Xxxxxxxxxx, Xxxxxxx Xxxxxx, Xxxxxxx (consisting of 1375 square
feet more or less and three (3) parking spaces immediately adjacent to Lessee's
store) to be used and occupied by Lessee as Dynamic Imaging Group or other
approved business for the term commencing May 1, 1999 through April 30, 2000.
That the agreed rental from May 1, 1999 through April 30, 2000 will be at the
agreed rental of $1000 per month together with all applicable Florida sales
tax. The initial payment being made concurrently with the execution of this
agreement and subsequent payments being due on each successive month on the
first day of each and every month and every month thereafter through and
including April 1, 2000.
All payments to be made to the Lessor on the first day of each and
every month in advance, without demand, at 00 Xxx Xxxxxx Xxxxx, Xxxx Xxxxxxxxxx,
Xxxxxxx 00000; or any other place Lessor shall designate.
The following express stipulations and conditions are made part of this
lease and are hereby assented to by Lessee:
FIRST: Except as hereinafter provided, Lessee shall not assign this
lease, sublet the premises, or any part thereof nor use the same, or any part
thereof, nor permit the same, or any part thereof, to be used for any other
purpose than as above stipulated, nor make any alterations therein, and any
additions thereto, without the written consent of lessor and all additions,
fixtures or improvements which may be made by Lessee, except movable office
furniture, shall become the property of Lessor and remain upon the premised as
part thereof, and be surrendered with premises at the termination of this lease.
All partitions for divisions of storage, and office partitions existing at the
commencement of this lease, a sale or transfer of more than fifty (50%) percent
of the corporate stock of the Lessee shall constitute an attempt to assign or
sublet the premises. Consent cannot be unreasonably withheld.
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SECOND: All personal property placed or moved in the premises above
described shall be at the risk of Lessee or owner thereof, and Lessor shall not
be liable for any damages to said personal property, or to Lessee arising from
the bursting or leaking of water pipes, or from any act of negligence of any
co-tenant or occupants of the building or any other person whomsoever.
THIRD: That Lessee shall promptly execute and continuously comply with
all statues, ordinances, rules, orders, regulations and requirements of the
Federal, State, and City government and of any and all their departments and
bureaus applicable to said premises, for the correction, prevention, and
abatement of nuisances or other grievances, in, upon, or connected with said
premises during said term; and shall also promptly comply with and execute all
rules, orders and regulations of the Southeastern Underwriters Association for
the prevention of fires, at its own costs and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or
injured by fire or other casualty not caused by Lessee or its agent during the
term of the Agreement, that the same shall be rendered untenantable, then Lessor
shall have the right to render said premises tenantable by repairs within one
hundred twenty (120) days therefrom. If said premises are not rendered
tenantable within said time, it shall be optionable within either party hereto
to cancel this lease, and in the event of such cancellation then rent shall be
paid only to date of such fire or casualty. Rent abates during damage period.
FIFTH: The payment of the rent for said premises upon the dates named
and the faithful observance of the Agreement, are the conditions upon which the
Agreement is made and accepted upon any failure on the part of Lessee to
comply with the terms of said Agreement. Lessor shall serve notice of such
failure upon Lessee and shall allow Lessee fifteen (15) days within which to
effect a cure, except in the case where the failure is a failure to pay rent as
defined herein, for more than five (5) days after same is due, in which event no
notice is required to Lessee. At the option of Lessor, a failure by Lessee to
effect a cure within the prescribed period may work a default of this Lease, and
all of the rights of Lessee hereunder, and thereupon Lessor, their agents or
attorney to enforce this Agreement in Court or to seek any rental payments due,
the Lessor shall be entitled to a reasonable attorney's fee and costs. A late
fee is charged to lessee in the amount of Five (5%) Percent if rent is not paid
five (5) days after the due date.
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SIXTH: If Lessee shall abandon or vacate said premises before the end
of the term of this Agreement, or shall suffer the rent to be in arrears, or in
the event of any act of default, Lessor may, at its election
a) Terminate and end this Lease; and/or
b) Re-enter upon the demised premises whereupon the term
hereby granted, and at the Lessor's option, all right title and interest under
it shall end and the Lessee shall become a tenant at sufferance; and/or
c) Elect to declare the entire rent for the balance of the
term, or any part thereof, due and payable forthwith, and may proceed to collect
the same either by distress of otherwise; and/or
d) Take possession of the demised premises and re-let the same
for the account of the Lessee, at such price and upon such terms and for such
duration of time as the Lessor may determine, and receive the rent therefore,
applying the same to the payment of the rent due by these presence, and if the
full rental herein provided shall not be realized by Lessor over and above the
expense to Lessor in such re-letting, the said Lessee shall pay any delinquency.
SEVENTH: That assuming that Lessee is not in default under the terms of
the lease agreement, Lessee shall have the option to re-lease the premised for a
further period of One year at terms to be renegotiated The option must be
executed by Lessee at least thirty (30) days before initial term of the lease
expires in writing.
EIGHT: Lessee also agrees that they will pay all charges for water,
gas, garbage, electricity, or other illumination.
NINE: Lessee Hereby pledges and assigns to Lessor all the furniture,
fixtures, goods and chattels of Lessee, which shall be brought or put on said
premises as security for the payment of the rent herein reserved, and Lessee
agrees that the said lien may be enforced by distress, foreclosure or otherwise
at the election of Lessor, and does hereby agree to pay reasonable attorney's
fees, together with all costs and charges thereof incurred or paid by Lessor.
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TENTH: Lessor, or any of his agents, shall have the right to enter
said premises during all reasonable hours, to examine the same, to make such
repairs, additions, or alterations as may be deemed necessary or to exhibit said
premises, and to put or keep upon the doors or windows thereof a notice "FOR
RENT" at any time within sixty (60) days before the expiration of this lease.
The right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures, alterations, or additions, which do not conform to this
Agreement, or to the rules and regulations of the building.
ELEVENTH: Lessee hereby accepts the premises in the condition they are
in at the beginning of this lease and agrees to maintain said premises in the
same condition, order and repair as they are at the commencement of said term,
including keeping the front of the premises free of all debris, and excepting
only reasonable wear and tear arising from the use thereof under this Agreement;
and Lessee agrees to maintain the area in front of the premises, including the
sidewalk, in a clean condition and swept clear of all debris. Furthermore,
Lessee agrees to make good to Lessor immediately upon demand any damage to water
apparatus, or electric lights or any fixture, appliances or appurtenances of
said premises, or of the building, caused by any act or neglect of Lessee, or of
any person or persons in employ of or under control of the Lessee.
TWELFTH: It is expressly agreed and understood by an between the
parties to this Agreement, that Lessor shall not be liable for any damages or
injury by water, which may be sustained by Lessee, except where due to lessor,
its customers or other person or for any other damage or injury resulting from
the carelessness, negligence, or improper conduct on the part of any other
tenant or agents, or employees, or by reason of the breakage, leakage, or
obstruction of the water, sewer or said pipes, or other leakage in or about the
said building.
THIRTEENTH: This Contract shall bind Lessor and his executors,
administrators, assigns or successors, and the assigns, legal representatives,
or successors as the case may be, of the Lessee.
FOURTEENTH: It is understood and agreed between the parties hereto that
written notice mailed or delivered to the premises leased hereunder shall
constitute sufficient notice to Lessee and written notice delivered personally
to the lessor shall constitute sufficient notice to the Lessor to comply with
the terms of this contract.
FIFTEENTH: It is understood and agreed between the parties hereto that
time is of the essence of this contract and this applies to all terms and
conditions contained herein.
SIXTEENTH: The rights of Lessor and Lessee under the foregoing shall be
cumulative and failure on the part of Lessor and Lessee to exercise promptly any
rights given hereunder shall not operate to forfeit any of said rights.
SEVENTEENTH: It is further understood and agreed between the parties
hereto that any charges against Lessee by Lessor for services or for work done
on the premises by order of Lessee or otherwise accruing under this contract
shall be considered as rent due and unpaid.
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EIGHTEENTH: It is hereby understood and agreed that any signs or
advertising to be used, including awnings, in connection with the premises
leased hereunder shall be first submitted to Lessor for his approval before
installation of same. If approved by Lessor, the costs of the signs or
advertising, including awnings, together with the installation, shall be solely
the cost of the Lessee.
NINETEENTH: That lessee shall pay to the Lessor, a security deposit in
the amount of $1000. 00 on or before May 1, 1999 This payment will be held in
an interest bearing account by Lessor as chosen by Lessor. If the Lease is
terminated before the time of completion, the lessor will keep the deposit.
TWENTIETH: In the event Lessor consents in writing to any improvements
by the Lessee on the premises. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE
INTEREST OF THE LESSOR SHALL NOT BE SUBJECT TO LIENS OR IMPROVEMENTS MADE BY
THE LESSEE AND THAT LESSEE SHALL NOTIFY THE CONTRACTOR MAKING ANY SUCH
IMPROVEMENTS OF SAME. If any such lien is place on the premises through services
or work done by or for Lessee, then it will be a material default under the
lease unless Lessor has the lien removed and satisfied within ten (1O) days of
Lessee's notification of the lien.
TWENTY-FIRST: That all payments required to be made hereunder shall be
considered rent.
TWENTY-SECOND: Lessee shall maintain the roof air-conditioning unit at
their own expense and agrees to have the roof air-conditioning unit checked by a
qualified airconditioning company at least once every twelve months. Lessee
agrees to pay for any repairs, replacements or maintenance.
TWENTY-THIRD: Lessee also agrees to be responsible for all plumbing
inside the premises and electrical repairs and to maintain their own fixtures
and carpeting at their own cost and expense. Lessee will also pay for its
water supply and plate glass insurance, and will also pay for the maintenance in
taking down and putting up storm shutters for this location, if available.
TWENTY-FOUR: That assuming that Lessee is not in default under the
terms of the Lease Agreement, Lessee shall have an option to renegotiates the
lease for an additional one term. Said option must be exercised by Lessee at
least ninety (90) days before the initial one year term, in writing, to the
Lessor at Lessor's address set forth herein.
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TWENTY-FIVE: Lessee shall procure and maintain in force during the term
of this lease any extension thereof, at his expense, public liability insurance
in companies and through brokers approved by Lessor, adequate to protect against
liability for damage claims through public use of or arising out of accidents
occurring in or around the lease premises, in a minimum amount of Three Hundred
Thousand Dollars ($300,000.00) for any one accident, and Three Hundred Thousand
Dollars ($300,000.00) for property damage. Such insurance policies shall provide
coverage for Lessor's contingent liability on such claims or losses. Certificate
of proof of insurance shall be delivered to Lessor for keeping. Lessee agrees to
obtain a written obligation from the insurers to notify Lessor in writing at
least thirty (30) days prior to cancellation, modification or refusal to renew
any such policies. Lessee agrees that if' such insurance policies are not kept
in force during the entire term of this lease and any extension thereof, Lessor
may procure the necessary insurance and pay the premium therefore, and that such
premium shall be repaid to Lessor as additional rent.
TWENTY-SIX: Lessee agrees that it will take over the maintenance and
minor repairs of tenants portion of the said building, plumbing, putting up and
taking down of storm shutters, walls, and carpeting. Not included in the above
are any roofing repairs or other major structural repairs which will be done by
the lessor.
The Lessee will save the Lessor harmless from all claims on account of
the leased premises during the term of this lease, and for all costs, expenses
and reasonable attorney's fees in connection therewith resulting from and
occurring by reason of Tenants construction, us or occupancy of the premises.
TWENTY-SEVEN: Lessor will hold the sum of One Thousand Dollars
($1000.00) as a security deposit. If the lease is broken before the term is up,
the deposit and all monies on hand will be forfeited to the Lessor.
TWENTY-EIGHT: Lessee acknowledges he has received two (2) MEDCO Keys,
which lessee shall return to lessor at end of lease agreement.
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IN WITNESS WHEREOF, the parties hereto have hereunto executed this
instrument for the purpose herein expressed, the day and year above written.
Signed, sealed and delivered
in the presence of
/s/ Xxxx Marzole /s/ XXXXX CERTAIN
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XXXXX CERTAIN, LESSOR
/s/ XXXXX CERTAIN
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XXXXX CERTAIN, LESSOR
/s/ Xxxxxx Xxxxxx
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LESSEE
President
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Individually As Guarantor
/s/ Xxxxxx Xxxxxx
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