10.13
Lease Agreement dated October 15, 2004.
LEASE AGREEMENT
THIS AGREEMENT, entered into this 15th_ day of October 2004, by and
between XXXX X. BOOZAR-JOMEHRI doing business under the name of Safety Harbor
Centre hereinafter referred to as "LANDLORD" and OnScreen Technologies, Inc.
hereinafter referred to as "TENANT".
WHEREAS, the Landlord is the Owner of the property known as Safety Harbor
Centre located at 000 0xx Xxxxxx Xxxxx, Safety Harbor, Florida and
WHEREAS, the purpose of this Agreement is to set forth the terms and
conditions whereby Landlords leases to Tenant and Tenant leases from Landlord a
portion of the area in the aforementioned property.
NOW, THEREFORE, for the sum of Ten Dollars ($10.00) and other goods and valuable
consideration the parties hereto agree as follows:
1. LEASED AREA
Landlord does lease to Tenant and Tenant leases from Landlord space
designated as
Suite 130
Office Space including Tenant Improvements
RENTAL AMOUNT
The rental, which the Tenant shall pay to the Landlord hereunder,
shall be $33,768.00 plus applicable Sales Tax. Common Area
Maintenance (CAM) in the amount of $148 per sq.ft. is included in
the base rent. Rental shall be paid in monthly installments due on
the 1S` of each month and every month for the term of this lease.
Monthly installments for the three-year term are broken down as
follows:
BASE RENT $ 2,814.00
SALES TAX 196.98
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MONTHLY RENT DUE $ 3,010.98
a. SECURITY DEPOSIT SHALL BE:
1sT MONTHS RENT $ 3,010.98
LAST MONTHS RENT $ 3,010.98
SECURITY DEPOSIT $ 0.00
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TOTAL $ 6,021.96
2. TERM OF LEASE
This lease shall be for a period of 5 years and shall commence on
the 1st day of December, 2004 and expire on the 30th day of
November, 2009.
4. COMMON AREA MAINTENANCE
Tenant shall pay CAM as set forth each month for the duration of the
lease for maintenance of common areas.
Lease Agreement
5. OPTION TO RENEW
Tenant shall have the option to renew this lease for a period of 5
years each upon giving sixty (60) days written notice to Landlord.
6. USE OF PREMISES
Tenant agrees that the subject premises shall be used solely
for the business of Office and Related Services and for no other
purpose without written consent of the Landlord.
7. SIGNS
Written consent of the Landlord being first obtained. Landlord
may stipulate type and configuration of signage used. Sign must be
constructed per the specifications of the Landlord.
8. IMPROVEMENTS
All EXISTING IMPROVEMENTS LESS THAN TWO years old SPACE IS
PROVIDED "AS IS" IN NEW CONDITION
9. COMMON AREAS
Landlord will maintain all thoroughfares for vehicular and
pedestrian traffic within the property and all common areas and
parking areas. This maintenance shall include adequate repairs to
fighting, painting, pavement, sidewalks, etc. Tenant and all those
having business with it in common with the other tenants and their
associates have the right to use such facilities for their intended
purposes. EXCEPT that no advertising or solicitation of any sort
will be permitted without written consent of the Landlord being
first obtained.
Tenant may upon inspection and determination of cause, be
charged an additional fee for repairs or clean up directly caused by
his business (such as chemicals or paints poured in common area
washrooms: Damage to pavement due to wash down of chemical
substances, etc.)
10. RENTAL ESCALATION
Rental amount and CAM charges shall escalate at the beginning
of the 2"d year, as follows: Rent shall escalate at CPI or 3% per
annum whichever is greater. CAM shall escalate at actual cost or 3%
whichever is greater.
11. INSPECTION
Landlord may inspect the leased space at reasonable times
during the business hours without notice to Tenant.
12. CONTROL OF NON-LEASED AREA
Landlord will retain exclusive management control of all
exterior surfaces and areas of the exterior perimeter surrounding
the Tenant's space as well as all other such exteriors of leased
spaces and control of common areas and parking areas of the
property.
13. MAINTENANCE OF LEASED SPACE
Tenant will maintain the leased space at his own expense
keeping it at all times in good condition and good working order.
Lease Agreement
14. UTILITIES
Tenant agrees to pay all charges for electricity, telephone
air conditioning and heating and all other utilities and charges for
services used by or furnished to Tenant on the premises. Utility
charges that are billed to Landlord on a common billing are included
in the CAM fee unless otherwise provided in this lease Agreement.
15. AIR CONDITIONING UNIT
Tenant shall maintain the air conditioning units serving his
space from time to time and shall install air conditioning filters
on a timely basis. In the event Landlord feel Tenant is not
performing adequate maintenance on the air conditioners, Landlord
may maintain them at his expense and charge same to Tenant. Tenant
shall be responsible for all repairs to equipment with the exception
of replacement of major mechanical components: EXCEPT in cases where
lack of maintenance directly caused the failure of major components,
in which case, Tenant will be responsible for replacement costs.
16. ELECTRIC AND PLUMBING REPAIRS
Electrical and plumbing repairs within the leased space shall
be the responsibility of the Tenant. Repairs outside the lease space
shall be the responsibility of the Landlord; EXCEPT when determined
to have been caused by the Tenant,': in which case Tenant will be
responsible for cost.
17. TENANT'S COMPLIANCE WITH LAWS
Tenant will comply with all governmental requirements and laws
respecting the conduct of business or use of the leased space in
timely and appropriate manner and at his sole cost and will pay and
be solely responsible for all tax levies, assessments, licenses or
fines as may be required from time to time directed to the conduct
of his business.
18. SURRENDER ON TERMINATION
Tenant shall surrender the space at the end of the term
arranged for under this lease, including all improvements, wear and
tear excepted. All keys or other forms of access to the space or any
materials left within the space will be surrendered to Landlord by
the end of the term. Any and all improvements made by the Tenant to
the subject premises, including carpets and partition, shall remain
in the subject premises upon the termination of this lease; except
that the tenant shall be permitted to remove furniture, built-in
cabinets and similar items which can be removed without damaging the
premises. The Tenant at his expense shall repair any damages caused
by said removal.
19. HOLDOVER TENANCY
Should Tenant holdover occupancy of the space after
termination of the lease with the consent or acquiescence of
Landlord, the tenancy will then be construed to be a "month to
month" lease, but the terms of this Agreement otherwise will be
fully applicable insofar as consistent with such tenancy.
Lease Agreement
20. INDEMNIFICATION
Tenant shall indemnify and hold Landlord and its agents,
servants and employees harmless from and against all causes of
action, claims, damages, losses and expenses, including reasonable
attorneys' fees, resulting from or arising out of bodily injury,
sickness, disease or death, or injury to or destruction of tangible
property resulting solely from affirmative act of negligence by
Tenant. Landlord shall not be liable to Tenant for any damage or
injury to the Leased Premises, to Tenant's property, to Tenant, its
agents, contractors, employees, invitee, or licensees, arising from
any condition of the Leased Premises, the Building, or any sidewalk
or entranceway serving the Building, or the act of neglect of
co-tenants, or the malfunction of any equipment or apparatus serving
the Building, unless due to negligence of Landlord. However, Tenant
shall not be required to indemnify Landlord hereunder with respect
to any damages or injuries caused by individual acts or omissions or
Landlord while on the premises. Without limiting the generality of
the foregoing. Tenant agrees that this will procure at its expense,
and continue in force throughout the period of this lease for the
benefit of Landlord and Tenant as their respective interest shall
appear a policy or policies or public liability insurance written by
a company authorized to engage in the business of general liability
insurance in the State of
Florida. Said insurance shall be written to protect the Landlord and
Tenant against any and all claims for injury to persons or property
occurring In, upon, or about the premises, and each and every part
thereof, and the sidewalks in front of the leased premises. The
coverage shall include all damages from signs, glass, awnings,
fixtures or other appurtenances now or thereafter placed upon the
leased premises during the term of this lease.
Said public liability policy or policies shall be in an amount
of not less then $300,000.00 in respect to injuries to or death of
persons in any one accident and in an amount of not less then
$1,000,000.00 in respect to injuries to or death of any one person
and in an amount not less than $100,000.00 for damage to property.
Tenant shall promptly pay any and all insurance premiums in
connection with any policy or policies or insurance and shall
deliver evidence of such insurance to the Landlord. Should the
Tenant fail to furnish evidences of such insurance as provided for
in this lease, Landlord may obtain such insurance and the premiums
on such insurance shall be deemed to be additional rental to be paid
by Tenant to Landlord on demand.
21. CONDEMNATION CLAUSE
If any authority under eminent domain takes business center,
in either of the forms described below, the lease will be terminated
at that time or all adjustments in rent will be made pro-rata to
that time and payable then. "Taken" under such proceedings refers to
the time when either under the provisions of a private agreement by
Landlord with the condemning authority, or order of a court of
competent, jurisdiction, the right to immediate physical possession
is given to such authority. The following kinds of "Takings" are
embraced under the terms of this Agreement:
1. The entirety of the leased space.
2. Ten (10%) percent or more of the leased space, and in
such fashion as to substantially prevent the conduct of
Tenant's business in the normal manner.
3. Space of fifty (50%) percent or more of the Tenants in
the business center, causing the removal of such tenants
under the terms of their own leases.
4. Fifty (50%) percent or more of the common areas of the
business center.
Lease Agreement
22. DEFAULT
In the event the Tenant fails to pay the rent within five (5)
business days after the same is due, time being of the essence the
Landlord may declare this lease to be in default and may exercise
any of the remedies available to it under the laws of the State of
Florida as a Landlord. A late fee in an amount equal to five (5%)
percent of the monthly base rent will be charged to any rents not
paid by the 6`h business day of the month, whether the Owner
exercise his right to declare the lease in default or not.
In the event a default other than the payment or rent occurs
and said default continues after fifteen (15) days written notice,
the Landlord may forthwith terminate this lease and may at that time
have available to it all remedies of a Landlord under the laws of
the State of Florida.
23. LANDLORD'S LIEN
it is understood and agreed that in addition to the statutory
lien for rent, which the Landlord has, Landlord shall also have an
express lien upon all of the furniture, fixtures, equipment, goods
and chattels of the Tenant which may be brought or put on said
premises as security for the payment of rent and additional rents
herein reserved. Tenant agrees that the Landlord's lien for the
payment of said rents may be enforced by distress, foreclosure or
otherwise at the option of the Landlord.
24. QUIET ENJOYMENT
So long as the Tenant performs all of its covenants required
hereunder, the Landlord guarantees to the Tenant quiet enjoyment of
the subject premises.
25. SUBORDINATION
The Tenant agrees that its lease interest In the subject
premises shall at all times be subordinated to any real property
mortgage financing which may be obtained by the Landlord at the time
this lease is executed, or at the time new or additional financing
my be obtained after the date this lease is executed. In the event a
prospective lender of the Landlord requires additional documentation
to evidence this right, the Tenant agrees to execute such
subordination agreements as may be required from time to time.
26. INVALIDITY OR UNENFORCABLITY
If any term, condition, covenant, or provision of this lease
is held to be invalid or unenforceable either in itself or as to any
particular party, then the remainder of the lease, or the
applicability of such provision to other parties, will continue in
validity and force; except, if thereafter, as to any other
individual provision or its applicability to any particular party it
would be inequitable and inconsistent with the purposes of the lease
to so continue, then only as to such first and secondary provisions
or parties will the lease be invalid and unenforceable.
27. ATTORNEY'S FEES
To any extent it becomes necessary for either Landlord or
Tenant to take legal action against the other to enforce any
provisions of this lease, the prevailing party will be entitled to
awardable attorney's fees.
28. ENTIRE AGREEMENT
This lease constitutes the entire Agreement between the
parties along with its exhibits as noted in Paragraph 35 (if any):
and no alteration or modification of such Agreement may be made
except in writing to the other party and signed by the party to be
charged.
29. RECORDING OF LEASE
This lease will not be recorded in the public records,
Lease Agreement
30. WRITTEN COMMUNICATIONS
Either party will send all rents or payments, notices, or
approvals in writing provided for under this lease to the other
party as follows:
To Landlord: SAFETY HARBOR CENTRE, INC. XXXX X.
BOOZAR-JOMEHRI
000 0XX XXXXXX XXXXX
XXXXXX XXXXXX, XXXXXXX 00000
To Tenant: At Leased Space
Rents are made payable to SAFETY HARBOR CENTRE, INC. and
delivered (by mail or in person) to SAFETY HARBOR CENTRE, INC, at
the address noted above. Such rents, if reported, shall use tax ID
number 00-0000000.,
31. WAIVERS
No waivers of any term, condition, or covenant of this lease
may be presumed, but must be made in writing by the party so waiving
to the other party. No acceptance by Landlord from Tenant of any
amount paid for any reason under this lease in a sum less than what
is actually owing will constitute a compromise, settlement, accord
and satisfaction, release or other final disposition of the amount
owing in the absence of a writing from the Landlord to the contrary.
In the event Tenant owes monies to Landlord for other than rent,
Landlord has the option of applying any monies received against that
debt or against rent at his discretion.
32. ASSIGNMENT AND SUBLETTING
This lease may not be assigned not the premises sublet by
Tenant without the express written consent of the Landlord being
obtained, which approval shall not be unreasonably withheld.
REAL ESTATE TAXES AND INSURANCE
Real Estate Taxes and Property Insurance shall be the
responsibility of the Landlord. Insurance in this regard is the
property insurance to cover the building(s), parking lots, etc., but
does not include coverage of any property of the Tenant, his
employees or persons visiting the premises.
33. OTHER COVENANTS
The following are additional covenants between the parties of this
Agreement:
Landlord shall provide the following:
Landlord herein approves all signs as they now appear and are
placed. Sign remains personal property of the Tenant.
Lease Agreement
The following conveniences are extended to the Tenant:
1.) If Tenant's company grows to the extent that both suites are
not large enough to accommodate Tenant's offices, Tenant will
be permitted to lease additional space as available or to move
within the 9th Avenue North building.
2.) If no such space is available in the 9'h Avenue North
building, Tenant will be permitted to transfer the two 91h
Avenue North leases to any office building the Landlord may
have at the time with available space on reasonable terms to
be negotiated, at which time Tenant would be released from the
91h Avenue North leases.
THIS AGREEMENT entered into as of the day and year first above
written.
WITNESS: LANDLORD:
(As to Landlord)
BY:
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ABDIR BOOZAR-JOMEHRI
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WITNESS: TENANT:
(As to Tenant)
BY:
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WITNESS: TENANT:
(As to Tenant)
BY:
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