10.7
LEASE AGREEMENT
THIS LEASE, dated this 18th day of December 1998, by and between XXXXX RENTAL
PROPERTIES, 0000 X.X. Xxxx Xxxxx Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxx 00000
(hereinafter referred to as the "LANDLORD") and:
BUSINESS: IMX CORPORATION
MAILING 0000 Xxxxxxxxx Xxxx. #000
XXXXXXX: Xxxx Xxxxx, XX 00000
PHONE #: 000-000-0000\FAX 000-0000 XXXXXXX: Xxxx Xxxxxxx/Xxxxx
(hereinafter referred to as the "TENANT"):
WITNESSETH:
That the LANDLORD hereby demises and leases unto the TENANT, and the TENANT
hereby hires and takes from the LANDLORD for the term and upon the rentals
hereinafter specified described as follows :
LOCATED AT 0000 XX Xxxx Xxxxx Xxxx., Xxx #8-9
CITY OF XXXX XXXXX, XXXXXXX 00000
APPROXIMATELY 3000 SQUARE FEET
The TENANT has examined said property prior to and as a condition precedent to
his acceptance and the execution hereof and is satisfied with the physical
condition thereof, and the TENANT'S taking possession thereof shall be
conclusive evidence of the TENANT'S receipt thereof in good order and repair,
except as otherwise specified herein. The term of this lease is as follows:
BEGINNING 1ST DAY OF JANUARY, 1999 **Pro-rate 15th**
ENDING 31ST DAY OF DECEMBER, 1999
The following advance deposit shall be held as security to ensure that the
TENANT will live up to the term of this LEASE AGREEMENT and return the said
property to the LANDLORD in good condition. Deposit will be held until such time
as said property is returned to the LANDLORD in as good condition as received by
TENANT, loss by fire or other casualty and ordinary wear and tear excepted. If
property is not returned in good condition or any outstanding charges remain,
repairs and charges will be deducted from deposit. LANDLORD reserves the right
to increase the deposit at anytime during the term of this lease if the TENANT
becomes consistently late in the payment of rent.
SECURITY DEPOSIT $200.00 DOLLARS
The TENANT shall pay to the LANDLORD at the office of the LANDLORD, 0000 XX Xxxx
Xxxxx Xxxx., Xxxx Xxxxx, Xxxxxxx 00000, as rent plus sales tax the following
amount for the said term. The TENANT does further agree to pay the first and
last month rent plus sales tax upon the execution of this lease agreement. The
TENANT also agrees to pay the additional rent and automatic increases as
hereinafter provided. RENT $5.85 PER SQUARE FOOT PER YEAR.
MONTHLY RENT PAYMENTS $1462.25 LAST MONTH RENT $1462.25
ADDITIONAL MTHLY RENT 525.25 ADD'L LAST MONTHS RENT 525.25
(see section#4) (see section#4)
SALES TAX 119.25 SALES TAX 119.25
-------- --------
TOTAL MONTHLY RENT $2106.75 TOTAL LAST MONTHS RENT $2106.75
Receipt of these monies is acknowledged by LANDLORD'S execution of this lease.
The above letting is upon the following additional terms and conditions:
1. PEACEFUL POSSESSION. The LANDLORD covenants that the TENANT, on paying the
said rental and performing the covenants and conditions in this lease contained,
shall and may peaceably and quietly have, hold and enjoy the demised premises
for the term aforesaid.
2. PURPOSE. The TENANT covenants and agrees to use the demised premises as
OFFICE/MANUFACTURING/STORAGE and agrees not to use or permit to be used for any
other purpose without the prior written consent of the LANDLORD endorsed hereon.
3. PAYMENT OF RENT. TENANT covenants without any previous demand therefore to
pay the LANDLORD, or its agent, the basic or fixed rent herein reserved and all
other sums and additional payments to be made by TENANT hereunder, at the time
and in the manner in this LEASE provided, all of which rent, sums and payments
are to be paid in legal and lawful money of the United States of America, which
shall be legal tender in payments of all debts and dues at the time of payment,
without deduction, diminution abatement or rebate of whatsoever kind, nature and
description, except as in this LEASE otherwise provided. All rents are due in
full on the first day of each month. TENANT agrees to pay a late payment charge
of five percent (5%) per month of the amount of rent and a $5.00 per day charge
in default if rent is not paid by the fifth (5) day of each month. The TENANT'S
covenant to pay the LANDLORD all rent and other sums when due, without previous
demand, is not subject to or subordinate to any causes of action, offsets or any
claims whatsoever by TENANT of third parties against LANDLORD.
4. ADDITIONAL RENT. TENANT shall pay as additional rent the following:
a. 6.67% of all real property taxes and any similar tax imposed on said
property on as estimated basis, levied against the building and the land on
which it is situated including the parking areas. Said amount shall be paid
monthly in advance and shall be adjusted upon computation of the actual amount
due.
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b. 6.67% of all common area maintenance, electricity, water, sewer and
trash removal charges including all public and parking areas. Maintenance
includes landscaping and the monthly maintenance of such. Individual tenant
repairs and maintenance of their space is not included. Said amount shall be
paid monthly in advance and shall be adjusted upon computation of actual amount
due.
c. 6.67% of Multi-Peril insurance levied against the building and the land
upon which it is situated, including the parking areas. Said amount shall be
paid monthly in advance and shall be adjusted upon computation of the actual
amount due.
d. Sales tax on the rental payments set forth herein.
5. SERVICES AND UTILITIES. All utilities and services furnished to the demised
premises solely for the benefit of the TENANT shall be provided and paid for by
the TENANT. The LANDLORD shall not be liable for any interruption or delay in
any of those services for any reason.
6. DEFAULT. If TENANT shall not pay the rent or other sums herein reserved at
the time and in the manner stated, shall abandon the demised premises, or shall
fail to keep and preform any othercondition, stipulation or agreement herein
contained on the part of the TENANT to be kept and performed, or if TENANT shall
suffer to be filed against TENANT an involuntary petition in bankruptcy or shall
be adjudged a voluntary or involuntary bankrupt, or shall make an assignment for
the benefit of creditors, or should there be appointed a Receiver to take charge
of the premises either in the state courts or in the federal courts, then in any
of such events, LANDLORD may, at LANDLORD'S option, terminate and end this Lease
and re-enter upon the property, without liability therefore, whereupon the term
hereby granted and all right, title and interest under it shall end and TENANT
shall become a TENANT at sufferance; or else LANDLORD may, at LANDLORD'S option,
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 by
distress or otherwise and thereupon said term shall terminate at the option of
the LANDLORD, or else the said LANDLORD may take possession of the premises and
relet the same for the account of TENANT. The exercise of any of the options
herein contained shall not be deemed the exclusive remedy of the LANDLORD, such
remedies to be cumulative and cumulative to any remedies provided by law or in
equity. The expression "entire rent for the balance of the term" as used herein
shall mean all of the rent prescribed to be paid by TENANT unto LANDLORD for the
full term of this Lease, less however any payments that shall have been made on
account of TENANT pursuant to the terms of this Lease. For the purpose of
reletting, the LANDLORD shall be authorized to make such repairs or alterations
in or to the leased premises as may be necessary to place the same in good order
and condition. The TENANT shall be liable to the LANDLORD for the cost of such
repairs or
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alteration, and all expenses of such reletting. The TENANT shall not be entitled
to any surplus accruing as a result of reletting. The LANDLORD is hereby granted
a lien, in addition to any statutory lien, on all personal property of the
TENANT in or upon the demised premises, to secure payment of the rent
performance of the covenants and conditions of this Lease. The LANDLORD shall
have the right, as agent of the TENANT, to take possession of any furniture,
fixtures or other personal property of the TENANT, found in or about the
premises, and sell the same at public or private sale to apply the proceeds
thereof to the payment of any monies becoming due under this Lease, the TENANT
hereby waiving the benefit of all laws exempting property from execution, levy
and sale on distress or judgment. The proceeds of any such sale shall be applied
first to the necessary and proper expense of removing, storing, and selling such
property, then to the payment of any rent due or to become due under this Lease,
with the balance, if any, to be paid to TENANT.
7. SUB-LETTING AND ASSIGNMENT. The TENANT shall not assign or sublet the demised
premises nor any portion thereof without the prior written consent of the
LANDLORD nor upon terms unacceptable to the LANDLORD.
8. CONDITION OF PREMISES, REPAIRS, ALTERATIONS AND IMPROVEMENTS, SANITATION,
INFLAMMABLE MATERIALS. The TENANT has examined the demised premises, and accepts
them in their present condition (except as otherwise expressly provided herein)
and without any representations on the part of the LANDLORD or its agents as to
the present of future condition of the said premises. The TENANT shall keep the
demised premises in good condition, and shall redecorate, paint and renovate the
said premises as may be necessary to keep this in repair and good appearance.
The TENANT shall quit and surrender their premises at the end of the demised
term in as good condition as the reasonable use thereof will permit. Such
decorations, redecoration, painting, or renovation shall be subject to the
approval of the LANDLORD. All erections, additions, and improvements, whether
temporary or permanent in character which may be made upon the premises either
by the LANDLORD or the TENANT except business signs, furniture, or movable trade
fixtures installed at the expense of the TENANT, shall be the property of the
LANDLORD and shall remain upon and be surrendered with the premises as part
thereof at the termination of this Lease, without compensation to the TENANT.
All such alterations, additions, or improvements are to be done in accordance
with the city of BOCA RATON Building Code. The TENANT further agrees to keep
said premises and all parts thereof in a clean and sanitary condition and free
of trash, inflammable material and other objectionable matter.
9. MECHANIC'S LIENS. The TENANT shall not create any lien or other encumbrance
upon any interest of the LANDLORD or any ground or underlying lessor in any
portion of the demised premises. If, because of any act or omission (or alleged
act or omission) of
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the TENANT, any mechanic's or other lien, charge or order for the payment of
money or other encumbrance shall be filed against the LANDLORD, and/or any
ground or underlying lessor, and/or any mortgagee, and/or any portion of the
demised premises (whether or not such lien, charge, order or encumbrance is
valid or enforceable as such), the TENANT shall, at its own cost and expense,
cause the same to be discharged of record or bonded within ten (10) days after
notice to the TENANT of the filing thereof; and the TENANT shall indemnify and
save harmless the LANDLORD, all ground and underlying lessor(s), and all
mortgagees against and from all costs, liabilities, suits, penalties, claims and
demands, including reasonable counsel fees and appellate counsel fees resulting
therefrom. In the event the TENANT fails to comply with the foregoing provisions
of this paragraph, the LANDLORD shall have the option of discharging or bonding
any such lien, charge, order or encumbrance by payment or otherwise, and the
TENANT agrees to reimburse the LANDLORD for all costs, expenses and other sums
of money in connection therewith (as Additional Rent) with interest at the rate
of eighteen percent (18%) per annum promptly upon demand. Pursuant to Florida
law representation of this clause shall be stated in the memorandum of lease.
10. LIABILITY OF LANDLORD. The LANDLORD shall not be responsible for the loss of
or damage to property, or injury to persons, occurring in and about the demised
premises, by reason of any existing or future condition, defect, matter in and
about said demised premises or the property of which the premises are a part, or
for the acts, omissions or negligence of other persons or tenants in and about
the said property. The TENANT hereby agrees to indemnify LANDLORD against and
hold harmless from any and all damages, liability, cost and expense, including
attorney fees and disbursements, arising out of any injury or damage to persons
or property at the premises or as a result, in all or in part, of any action or
failure to take action by TENANT, its servants, agents, employees, guests,
licensees and contractors. In case LANDLORD shall be made a party to any
litigation commences by or against TENANT, TENANT shall protect and hold
LANDLORD harmless and pay all costs and expenses and reasonable attorney's fees
at the trial and appellate levels.
11. RIGHT TO INSPECT AND EXHIBIT. The LANDLORD, or its agents, shall have the
right to enter the demised premises at reasonable hours in the day or night to
examine the same, or to run telephone or other wires, or to make such repairs,
additions, or alterations as it shall deem necessary for the safety,
preservation or restoration of the improvements, or for the safety or
convenience of the occupants or users thereof (there being no obligation,
however, on the part of the LANDLORD to make any such repairs, additions or
alterations), or to exhibit the same to prospective tenants or purchasers. For
three (3) months prior to the expiration of the demised term, the LANDLORD, or
its
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agents, may place the usual "To Let" signs thereon, and may exhibit a For Sale"
sign at any time.
12. DAMAGE BY FIRE, EXPLOSION, THE ELEMENTS OR OTHERWISE. In the event of the
destruction of the demised premises of the building containing the said premises
by fire, explosion, the elements, or otherwise during the term hereby created or
previous thereto, or such partial destruction thereof as to render the premises
wholly untenantable or unfit for occupancy, or should the demised premises be so
badly injured that the same cannot be repaired within ninety (90) days from the
happening of such injury, then and in such case the term hereby created shall,
at the option of the LANDLORD, cease and become null and void from the date of
such damage or destruction, and the TENANT shall immediately surrender said
premises and all the TENANT'S interest therein to the LANDLORD and shall pay
rent only to the time of such surrender, in which event the LANDLORD may
re-enter and repossess the premises thus discharged from this Lease and may
remove all parties therefrom. Should the demised premises be render untenantable
and unfit for occupancy, but yet be repairable within ninety (90) days from the
happening of said injury, the LANDLORD may enter and repair the same with
reasonable speed and the rent shall not accrue said injury or while repairs are
being made, but shall recommence immediately after said repairs shall be
completed. But if the premises shall be so slightly injured as not to rendered
untenantable and unfit for occupancy, then the LANDLORD agrees to repair the
same with reasonable promptness and in that case the rent accrued and accruing
shall not cease or determine. The TENANT shall immediately notify the LANDLORD
in case of fire or other damage to the premises.
13. OBSERVATION OF LAWS, ORDINANCES, RULES, AND REGULATIONS. The TENANT agrees
to observe and comply with all laws, ordinances, rules and regulations of the
Federal, State, County, and Municipal authorities applicable to the business to
be conducted by the TENANT in the demised premises. The TENANT agrees not to do
or permit anything to be done in said premises, or keep anything therein, which
will increase the rate of fire insurance premiums on the improvements or any
part thereof, or on property kept therein, or which will obstruct or interfere
with the rights of other tenants, or conflict with the regulations of the Fire
Department or with any insurance policy upon said improvements or any part
thereof. In the event of any increase in insurance premiums resulting from the
TENANT'S occupancy of the premises, or from any act or omission on the part of
the TENANT, the TENANT agrees to pay the said increase premiums on the
improvements or contents thereof as additional rent.
14. OTHER PROHIBITED CONDUCT. The TENANT shall not at any time without first
obtaining the written consent of the LANDLORD:
a. Change, whether by alteration, replacement, rebuilding, or otherwise,
the exterior color or architectural treatment of
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the leased property or of the building in which the same is located, or any part
thereof.
b. Use the plumbing facilities for any purposes other than that for which
they were constructed, or dispose of any garbage or other foreign substance
therein whether through the utilization of so-called disposal or similar units,
or otherwise.
c. Subject any fixtures, furnishings, or equipment in or on the leased
property which are affixed to the realty to any mortgages, liens, conditional
sales agreements, security interest, or encumbrances.
d. Perform any act or carry on any practice which may damage, mar, or
deface the leased property or the building in which such property is located.
e. Install, operate, or maintain in the leased property any electrical
equipment which will overload the electrical system therein, or any part
thereof, beyond its reasonable capacity for proper and safe operation as
determined by the LANDLORD.
f. Suffer, allow or permit any offensive or obnoxious vibration, noise,
odor, or other undesirable effect to emanate from the leased property, or any
machine or other installation therein, or otherwise suffer, allow or permit the
same to constitute a nuisance or otherwise unreasonably interfere with the
safety, comfort, or conveniences of the LANDLORD or any of the other occupants
of the building in which the leased property is located or their customers,
agents or invitees or any others lawfully in or upon such building.
g. Allow the accumulation of any debris or trash abnormal in character or
volume, in the sole discretion of the LANDLORD. Any and all trash placed at the
exterior of the leased property by the TENANT or persons employed by the TENANT,
shall be placed only in authorized dumpsters provided by the LANDLORD and
scheduled for regularly assigned pickup. If any trash or material are found
outside of the dumpsters or in trash enclosure, TENANT will be charged a
minimum. of $50.00 for the removal of such trash. All trash must be placed in
proper dumpsters only. The following items are not permitted in dumpsters:
1. Trash from outside of Buildings dumped by tenant, employees or
Sub-Contractors of TENANT
2. 55 Gallon drums
3. Lumber and Aluminum Studs over 4 ft. long
4. Cabinets
5. Cement or Any Product of
6. Drywall
7. Pallets and Skids
8. Refrigerators
9. Hot Water Heaters
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10. Plumbing Fixtures
11. Any type of Furniture
Upon notice by the LANDLORD to the TENANT that any of the aforesaid is
occurring, the TENANT shall, within five (5) days thereafter, remove or control
the same and, if any such condition is not so remedied, then the LANDLORD may,
at its discretion, either: (1) cure such condition and add any cost and expense
incurred by the LANDLORD therefore to the next installment of the rental due
under this Lease and the TENANT shall then pay such amount, as additional rent
hereunder; or (2) treat such failure on the part of the TENANT to remedy such
condition as a material default of this Lease on the part of the TENANT
hereunder.
15. SIGNS. Except as hereinafter provided, the TENANT shall not without the
LANDLORD'S prior written consent, place or erect any signs or advertising to be
used, including awnings, of any nature on any part of the leased property, or
the sidewalk adjoining the leased property, or on any part of the LANDLORD'S
property adjacent to the leased property. If such consent is granted, the TENANT
at its sole expense, shall carry such workmen's compensation and general
liability insurance as the LANDLORD may require. Upon termination of this Lease
by whatever reason, TENANT shall remove all signs and make any necessary repairs
to the demised premises necessitated by such removal.
16. OTHER ALTERATIONS, ADDITIONS AND IMPROVEMENTS. TENANT shall not create any
openings in the roof or exterior walls, nor make any alterations, additions or
improvements to the leased premises without the prior written consent of the
LANDLORD. Consent for nonstructural alterations, additions, or improvements
shall not be unreasonably withheld by LANDLORD. TENANT shall have the right at
all times to erect or install shelves, bins, machinery, and trade equipment,
provided that TENANT complies with all applicable laws, ordinances and
governmental regulations. TENANT shall have the right to remove at the
termination of this Lease all such nonstructural items so installed, provided
that TENANT is not in default; however, TENANT shall, prior to the termination
of this Lease, repair at its own expense, any damage caused by such removal.
17. SUBORDINATION. This Lease and all rights of TENANT hereunder are, and shall
be, subject to and subordinate to the liens of any mortgages, deeds of trust
(including blanket mortgages or deeds of trust covering the demised premises
and/or other property) or any other security interest which has been or which
hereafter may be placed upon the demised premises, or any advances made on such
liens or security interest, and to any ground lease or leases of all or a
substantial part of the property of which the demised premises are a part, and
to any renewals, modifications, consolidations, replacements and extensions
thereof.
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The provisions of the foregoing paragraph shall be self-operative, but TENANTS
covenants and agrees that it shall, on demand at any time or times, execute,
acknowledge and deliver to LANDLORD any and all instruments in order to
subordinate this Lease and TENANT'S rights hereunder as aforesaid.
If TENANT shall fail or neglect to execute, acknowledge and deliver any such
instrument, LANDLORD, in addition to any other remedies, may as agent or
attorney-in-fact of TENANT, execute, acknowledge and deliver same on behalf of
TENANT, and TENANT hereby irrevocably nominates, constitutes and appoints
LANDLORD as TENANT'S proper and legal attorney-in-fact for such purpose.
TENANT agrees that any time and from time to time, upon not less than twenty
(20) days prior notice by LANDLORD, to execute acknowledge and deliver to
LANDLORD a statement in writing certifying that this Lease unmodified and in
full force and effect (or if there have been modifications) and dates to which
the rent and other charges have been paid in advance, if any, and stating
whether or not LANDLORD is in default in performance of any covenant, agreement
or condition contained in this Lease, and if so, specifying each such default,
it being intended that any such statement delivered pursuant to this paragraph
may be relied upon by the LANDLORD and any party to whom such certificate may be
delivered by LANDLORD.
18. RULES AND REGULATIONS. The rules and regulations regarding the demised
premises affixed to this Lease, if any, as well as any other and further
reasonable rules and regulations which shall be made by the LANDLORD shall be
observed by the TENANT and by the TENANT'S employees, agents and customers. The
LANDLORD reserves the right to rescind any presently existing rules applicable
to the demised premises and to make such other further reasonable rules and
regulations as, in its judgment, may from time to time be desirable for the
safety, care and cleanliness of the premises, and for the preservation of good
order therein, which rules, when so made and notice thereof given to the TENANT,
shall have the same force and effect as if originally made a part of this Lease.
Such other and further rules shall not, however, be inconsistent with the proper
and rightful enjoyment by the TENANT of the demised premises.
19. NON-WAIVER OF BREACH OR FAILURE OF CONDITION. No waiver by the LANDLORD of
any breach of covenant or failure of condition by the TENANT shall constitute or
be constructed as a waiver of any other breach of covenant or failure of
condition, nor shall lapse of time after breach of covenant or failure of
condition by the TENANT before the LANDLORD shall exercise its rights operate to
defeat any right of the LANDLORD after the said breach or failure. The receipt
by the LANDLORD of rent with knowledge of a breach of the TERMS, covenants or
conditions of this Lease to be kept or performed by the TENANT shall not be
deemed a waiver of such breach, and the LANDLORD shall not be deemed to have
waived
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any provision of this Lease unless expressed in writing and signed by the
LANDLORD.
20. NOTICES. All notices and demands, legal or otherwise, incidental to this
Lease or the occupation of the demised premises, shall be in writing. If the
LANDLORD or its agent desires to give or serve upon the TENANT any notice or
demand, it shall be sufficient to send a copy thereof by registered mail,
addresses to the TENANT at the demised premises, or to leave a copy thereof with
a person of suitable age found on the premises, or to post a copy thereof upon
the door to said premises. Notices from the TENANT to the LANDLORD shall be sent
by registered mail or delivered to the LANDLORD at the place as the LANDLORD may
from time to time designate in writing.
21. MAINTENANCE BY TENANT. The TENANT will perform all day-to-day janitorial
services, maintain and/or replace all equipment, if necessary, and make all
necessary repairs to the air conditioning, heating and plumbing, and otherwise
maintain the entire interior of the premises occupied, and shall also maintain
all exterior doors including all repairs to overhead garage doors and also all
glass and window repairs.
22. DISPOSITION OF SECURITY DEPOSIT. It is agreed that in the event TENANT
defaults in respect of any of the terms, provisions and conditions of this Lease
including, but not limited to, the payment of rent and additional rent incurred
by LANDLORD, by reason of TENANT'S default in respect of any of the terms,
covenants and conditions of this Lease including, but not limited to, any
damages or deficiency accrued before or after summary proceedings or other
re-entry by LANDLORD; that LANDLORD shall apply the security deposit to satisfy
such damages or deficiency. In the event that TENANT shall fully and faithfully
comply with all the terms, provisions, covenants and conditions of this Lease,
the security shall be returned to the TENANT without interest, after the
expiration of the Lease and after delivery of entire possession of the demised
premises to LANDLORD.
23. KEYS AND LOCKS. TENANT shall furnish LANDLORD with a duplicate key or
combination to any additional or substituted lock or changed tumbler for the
demised premises. Any change in locks or tumblers shall be at TENANT'S expense.
24. BANKRUPTCY, INSOLVENCY, ASSIGNMENT FOR BENEFIT OF CREDITORS. It is further
agreed that if at any time during the term of this Lease the TENANT shall make
any assignment for the benefit of creditors, or be decreed insolvent or bankrupt
according to law, or if a receiver shall be appointed for the TENANT, then the
LANDLORD may, at its option, terminate this Lease, exercise of such option to be
evidence by notice to that effect served upon the assignee, receiver, trustee or
other person in charge of the liquidation of the property of the TENANT or the
TENANT'S estate, but such termination shall not release or discharge any payment
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of rent payable hereunder and then accrued, or any liability then accrued by
reason of any agreement or covenant herein contained on the part of the TENANT,
of the TENANT'S legal representative.
25. HOLDING OVER BY TENANT. If TENANT or anyone claiming under TENANT shall
remain in possession of the Demised Premises or any part thereof after
expiration of the term without an agreement in writing between LANDLORD and
TENANT with respect thereto, the person remaining in possession shall be deemed
a TENANT at sufferance, and, during such holding over, all rents payable under
this Lease shall be payable at a rate twice the rate in effect immediately prior
to the expiration of the term. In no event, however, shall such holding over be
deemed or constructed to constitute an extension or renewal of this Lease. Upon
the expiration and termination of this Lease, either by lapse of time or
otherwise, the TENANT shall surrender to the LANDLORD the Demised Premises in
"broom clean" condition, and in good repair, reasonable wear and tear excepted.
26. EMINENT DOMAIN, CONDEMNATION. If during the term of this Lease or any
extension or renewal thereof, all of the leased premises shall be taken for any
public or quasi-public use under any law, ordinance, or regulation or by right
of eminent domain, or should be sold to the condemning authority under threat of
condemnation this Lease shall terminate and the rent shall be abated during the
unexpired portion of this Lease, effective as of the date of the taking of said
premises by the condemning authority.
If less than all of the leased premises shall be taken for any public or
quasi-public use under any law, ordinance, or regulation, or by right of eminent
domain, or should be sold to the condemning authority under threat of
condemnation, LANDLORD may, at its sole expense, restore and reconstruct the
building and other improvements situated on the lease premises, provided the
restoration and reconstruction shall make the same reasonably tenantable and
suitable for the uses for which the premises are leased. The rent payable
hereunder during the unexpired portion of this Lease shall be adjustable
equitably. LANDLORD may at its option terminate this lease in lieu of restoring
or reconstructing the condemned premises, in which case the rent shall be abated
for the unexpired portion of this Lease, effective as of the date of the taking
of said premises by the condemning authority.
LANDLORD and TENANT shall each by entitled to receive and retain such separate
awards and portions of lump-sum awards as may be allocated to their respective
interests in a condemnation proceeding, if any. The termination of this Lease
shall not affect the rights of the respective parties to such awards.
27. DELIVERY OF LEASE. No rights are to be conferred upon the TENANT until this
Lease has been signed by the LANDLORD, and an executed copy of this Lease has
been delivered to the TENANT.
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28. LEASE PROVISIONS NOT EXCLUSIVE. The foregoing rights and remedies are not
intended to be exclusive but as additional to all rights and remedies the
LANDLORD would otherwise have by law or in equity.
29. LEASE BINDING ON HEIRS, SUCCESSORS, ETC. All of the terms, covenants and
conditions of this Lease shall inure to the benefit of and be binding upon the
respective heirs, executors, administrators, successors and assigns of the
parties hereto. However, in the event of the death of TENANT, if an individual,
or any guarantor of the TENANT, if such guarantor is an individual, the LANDLORD
may, at its option, terminate this Lease by notifying the executor of
administrator of the TENANT, if an individual guarantor has died, at the demised
premises.
30. CONTINUING OBLIGATIONS OF TENANT. This Lease and the obligation of TENANT to
pay rent hereunder and perform all of the other covenants and agreements
hereunder on the part of TENANT to be performed shall in no way be affected,
impaired or excused because LANDLORD is unable to supply or is delayed in
supplying any service expressly or implied to be supplied or is unable to make,
or is delayed in making any repairs, additions, alterations or decorations or is
unable to supply or is delayed in supplying and equipment or fixtures if
LANDLORD is prevented or delayed from so doing by reason of governmental
preemption in connection with a National Emergency declared by the President of
the United States or in connection with any rule, order or regulation of any
department or subdivision of any governmental agency or by reason by a war,
declared or undeclared, or civil insurrection.
31. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your country public
health unit.
32. HAZARDOUS SUBSTANCES. TENANT hereby agrees not to discharge or cause to be
discharged regulated (hazardous or toxic) substances onto the asphalt or other
pavement or grounds surrounding the premises or into storm sewers, sanitary
sewer lines, septic tank(s), sinks, or toilets serving the property. Regulated
substances (hazardous wastes) are those defined in the (U.S.) Code of Federal,
Title 40, Section 261 and commonly found in substances including, but not
limited to, the following:
Cutting fluids/oils
Degreasing solvents
Electroplating solutions
Inks, printing, and photocopying chemicals
Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and
cleaning compounds
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Painting solvents
Pool chemicals
Refrigerants (e.g. "freon", etc.)
Cleaning solvents
Glues, adhesives, and resins
Fuels and additives
Plastic resins, plasticizers and catalysts
Processed dust and particulates (e.g., grindings, etc.)
Poisons
Photo development chemicals
Explosives
Antifreeze and coolants
Stripping compounds
PCB - containing liquids (e.g., older transformer oils)
Arsenic and arsenic compounds
Solders and fluxes
Pesticides and herbicides
Fire extinguishing chemicals containing chlorinated hydrocarbons (e.g, "Halon")
Roofing chemicals and sealers
Mercury and mercury compounds
Radioactive materials
Metal finishing solutions
Liquid storage battery contents, strong acids, and bases
Fertilizers
Caulking agents and sealants
Polishes
Medical, pharmaceutical, dental, veterinary and hospital solutions
Laboratory chemicals
Industrial sludges and still bottoms
Hydraulic fluid
Formaldehyde
Casting and foundry chemicals
Brake and transmission fluids
TENANT agrees to hold LANDLORD harmless for violations of any and all violations
of Federal, State, County, or municipal environmental regulations attributable
to TENANT'S operations whether or not these violations are intentional and/or
the result of actions of TENANT'S agents and/or assignees.
LANDLORD reserves the right to terminate this lease should there be sufficient
cause to believe that violations of Federal, State, and local environmental
regulations have occurred and may be attributable to TENANT and/or his/her
agents and/or assignees. TENANT agrees to vacate premises for such cause within
thirty (30) days of written notification by LANDLORD to do so. Compliance with
such notice shall not absolve TENANT of liabilities associated with violation of
environmental laws during his/her tenancy nor shall it affect LANDLORD'S rights
to recover damages and any and all costs associated with administrative and
legal proceedings, fines, civil or criminal
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penalties, settlements and environmental restorations (corrective actions) as
well as court costs and reasonable attorney's fees.
33. OUTSIDE STORAGE/OUTSIDE VEHICLES. TENANT shall not park any Construction
Trailers, Storage Trailers or Trailers of any type on the exterior property.
TENANT shall not place for storage inoperable vehicles or do mechanical work on
any vehicles in or around the parking areas. TENANT shall be responsible, and
held liable, for any damages caused to the parking areas, or driveways, of the
leased property by the TENANT or any persons employed by the TENANT. Any
inoperable or unlicensed or abandoned vehicle parked for more than 2 days will
be towed away from property at owners expense. All other such items left outside
for more than 24 hours will be picked up and taken to the dump for disposal. All
costs of such removal shall be charged back to the tenant.
34. NO ORAL MODIFICATIONS. This instrument may not be changed orally.
35. RECORDINGS. This Lease shall not be filed for public record.
36. CAPTIONS. All captions used in this Lease are inserted solely as a matter of
convenience and shall not be relied upon or used in construing the effect or
meaning of the text of this Lease.
37. ATTORNEY'S FEES AND EXPENSES. The LANDLORD and TENANT agree to pay to the
prevailing party all attorney's fees and other expenses incurred by the
prevailing party to enforce any provisions of this Lease or exercise any right
hereunder, at the trial and appellate levels.
38. GOVERNING LAW. This Lease shall be governed, performed, and enforced in
accordance with the laws of the State of Florida.
39. EXHIBITS. See attached, if checked _____
40. MODIFICATIONS. If there have been any changes made to the body of this
Lease, see attached, if checked. _____
41. ADDITIONAL CLAUSES. If there have been any additional clauses added to this
Lease, see attached, if checked. XXXXXX
------
42. LANDLORD WILL AIR CONDITION ENTIRE WAREHOUSE/OFFICE AND REMOVE CARPET FROM
ONE OFFICE AS INDICATED BY TENANT. TENANT WILL PROVIDE HOT WATER HEATER
AND SINK TO BE INSTALLED. LRP WILL XXXX TENANT FOR PLUMBER AND ELECTRICIAN
AS NEEDED FOR INSTALLATION OF EACH. LANDLORD WILL ORDER DOUBLE DOOR AND
INSTALL. INSTALLATION OF FLOOR DRAIN PENDING (IF NEEDED)
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
Witnesses: "LANDLORD"
XXXXX RENTAL PROPERTIES
--------------------------------- --------------------------------------
---------------------------------
"TENANT"
---------------------------------
By /s/ Xxxxxxx
--------------------------------- --------------------------------------
President IMX
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UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
FOR VALUE RECEIVED and in consideration for, and as an inducement to
LANDLORD making the within Lease with TENANT,
_________________________(hereinafter referred to as the "GUARANTOR
individually, and if more than one, jointly and severally"), guarantees to
LANDLORD the punctual payment by TENANT of the rent and other charges imposed by
the Lease, and the performance by TENANT of the rent and other charges imposed
by the Lease, an the performance by TENANT of all other terms and conditions of
the lease including, without limitation, the rules and regulations of the
LANDLORD.
GUARANTOR shall pay any amount due LANDLORD from the TENANT under the
Lease including, without limitation, rent, additional rent, and damages incurred
by LANDLORD from the breach of any of the terms and conditions of the Lease to a
maximum of a sum equal to one year's rent of the then pertaining rent under the
Lease or any renewal term.
WITNESSES:
---------------------------------
BY:
--------------------------------- --------------------------------------
STATE OF FLORIDA
COUNTY OF
BEFORE ME personally appeared _________________________, to me well known
and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he/she executed said
instrument for the purpose therein expressed.
WITNESS my hand and official seal, this _____ day of 19___.
-----------------------------------------
Notary Public
My Commission Expires:
