Lease Agreement
Exhibit 10.1(a)
THIS LEASE AGREEMENT, made the 15th day of April 2008, between Xxxxxxxxx X. Xxxxx
residing or located at 0 Xxxxxxxx Xxxx in the Township of Hanover in the County of Xxxxxx and State
of New Jersey, herein designated as the Landlord, and LJR Inc. T/A Access to Money residing or
located at 000 Xxxxx 00 in the Town of Whippany in the County of Xxxxxx and State of New Jersey
07981, herein designated as the Tenant;
Witnesseth that, the Landlord does hereby lease to the Tenant and the Tenant does hereby rent
from the Landlord, the following described premises:
14289+/- square feet located at 000 Xxxxx 00, Xxxx #0, 7, 8, 9, 10 &11 for a term of five (5)
years commencing on July 1, 2008, and ending on June 30, 2013, to be used and occupied only and for
no other purpose than offices and equipment setup.
Upon the following conditions and covenants:
1st: The Tenant covenants and agrees to pay to the Landlord, as rent for and during
the term hereof, the sum of $** per month in the following manner: in monthly payments in advance,
due on or before the first of each month. **$13.00 psf year #1, $13.50 psf year #2, $14.00 psf
year #3, $14.50 psf year #4, and $15.00 psf year #5.
2nd: The Tenant has examined the premises and has entered into this lease without
any representation on the part of the Landlord as to the condition thereof. The Tenant shall take
good care of the premises and shall at the Tenant’s own cost and expense, make all repairs,
including painting decorating, and shall maintain the premises in good condition and state of
repair, and at the end or other expiration of the term hereof, shall deliver up the rented premises
in good order and condition, wear and tear from a reasonable use thereof, and damage by the
elements not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall neither
encumber nor obstruct the sidewalks, driveways, yards, entrances, hallways and stairs, but shall
keep and maintain the same in a clean condition, free from debris, trash, refuse, snow and ice.
3rd: In case of the destruction of or any damage to the glass in the leased
premises, or the destruction of or damage of any kind whatsoever to the said premises, caused by
the carelessness, negligence or improper conduct on the part of the Tenant or the Tenant’s agents,
employees, guests, licensees, invitees, subtenants, assignees or successors, the Tenant shall
repair the said damage or replace or restore any destroyed parts of the premises, as speedily as
possible, at the Tenant’s own cost and expense.
4th: No alterations, additions or improvements shall be made, and no climate
regulating, air conditioning, cooling, heating or sprinkler systems, televisions or radio antennas,
heavy equipment, apparatus and fixtures, shall be installed in or attached to the leased premises,
without the written consent of the Landlord. Unless otherwise provided herein, all such
alterations, additions or improvements and systems, when made, installed in or attached to the said
premises, shall belong to and become the property of the Landlord and shall be surrendered with the
premises and as part thereof upon the expiration or sooner termination of this lease, without
hindrance, molestation or injury.
5th: The Tenant shall not place nor allow to be placed any signs of any kind
whatsoever, upon, in or about the said premises or any part thereof except of a design and
structure and in or at such places as may be indicated and consented to by the Landlord in writing.
In case the Landlord or the Landlord’s agents, employees or representatives shall deem it
necessary to remove any such signs in order to paint or make any repairs, alterations or
improvements in or upon said premises or any part thereof, they may be so removed, but shall be
replaced at the Landlord’s expense when the said repairs, alterations or improvements shall have
been completed. Any signs permitted by the Landlord shall at all times conform with all municipal
ordinances or other laws and regulations applicable thereto.
6th: The Tenant shall pay when due all rents or charges for water or other
utilities used by the Tenant, which are or may be assessed or imposed upon the leased premises or
which are or may be charged to the Landlord by the suppliers thereof during the term hereof, and if
not paid, such rents or charges shall be added and become payable as additional rent with the
installment of rent next due or within 30 days of demand therefore, whichever occurs sooner.
7th: The Tenant shall promptly comply with all laws, ordinances, rules,
regulations, requirements and directives of the Federal, State and Municipal Governments or Public
Authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the
said premises, their use and occupancy, for the correction, prevention and abatement of nuisances,
violations or other grievances in, upon or connected with the said premises, during the term
hereof; and shall promptly comply with all orders, regulations, requirements and directives of the
Board of Fire Underwriters or similar authority and of any insurance companies which have issued or
are about to issue policies of insurance covering the said premises and its contents, for the
prevention of fire or other casualty, damage or injury, at the Tenant’s own cost and expense.
8th: The Tenant, at Tenant’s own cost and expense, shall obtain or provide and keep
in full force for the benefit of the Landlord, during the term hereof, general public liability
insurance, insuring the Landlord against any and all liability or claims of liability arising out
of, occasioned by or resulting from any accident or otherwise in or about the leased premises, for
injuries to any person or persons, for limits of not less than $500,000 for injuries to one person
and $1,000,000 for injuries to more than one person, in any once accident or occurrence, and for
loss or damage to the property of any person or persons, for not less than $500,000. The policy or
policies of insurance shall be of a company or companies authorized to do business in this State
and shall be delivered to the Landlord, together with evidence of the payment of the premiums
therefore, not less than fifteen days prior to the commencement of the term hereof or of the date
when the Tenant shall enter into possession, whichever occurs sooner. At least fifteen days prior
to the expiration or termination date of any policy, the Tenant shall deliver a renewal or
replacement policy with proof of the payment of the premium therefore. The Tenant also agrees to
and shall save, hold and keep harmless and indemnify the Landlord from and for any and all
payments, expenses, costs, attorney fees and from and for any and all claims and liability for
losses or damage to property or injuries to persons occasioned wholly or in part by or resulting
from any acts or omissions by the Tenant or Tenant’s agents, employees, guests, licensees,
invitees, subtenants, assignees or successors, or for any cause or
reason whatever arising out of or
by reason of the occupancy by the Tenant and the conduct of the Tenant’s business.
9th: The Tenant shall not, without the written consent of the Landlord, assign,
mortgage or hypothecate this lease, nor sublet or sublease the premises or any part thereof.
10th: The Tenant shall not occupy or use the leased premises or any part thereof,
nor permit or suffer the same to be occupied or used for any purposes other than as herein limited,
nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other
casualty. No trade or occupation shall be conducted on the leased premises that is contrary to any
municipal law or ordinance.
11th: This lease shall not be a lien against the leased premises in respect to any
mortgages that may hereafter be placed upon said premises. The recording of such mortgage or
mortgages shall have preference and precedence and be superior and prior in lien to this lease,
irrespective of the date of recording and the Tenant agrees to execute any instruments, without
cost, which may be deemed necessary or desirable, to further effect the subordination of this lease
to any such mortgage or mortgages. A refusal by the Tenant to execute such instruments shall
entitle the Landlord to the option of cancelling this lease, and the term hereof is hereby
expressly limited accordingly.
12th: If the land and premises leased herein, or of which the leased premises are a
part, or any portion thereof, shall be taken under eminent domain or condemnation proceedings, or
if suit or other action shall be instituted for the taking or condemnation thereof, or if in lieu
of any formal condemnation proceedings or actions, the Landlord shall grant an option to purchase
and or shall sell and convey the said premises or any portion thereof, to the governmental or other
public authority, agency, body or public utility, seeking to take said land and premises or any
portion thereof, then this lease, at the option of the Landlord, shall terminate, and the term
hereof shall end as of such date as the Landlord shall fix by notice in writing; and the Tenant
shall have no claim or right to claim or be entitled to any portion of any amount which may be
awarded as damages or paid as the result of such condemnation proceedings or paid as the purchase
price for such option, sale or conveyance in lieu of formal condemnation proceedings; and all
rights of the Tenant to damages, if any are hereby assigned to the Landlord. The Tenant agrees to
execute and deliver any instruments, at the expense of the Landlord, as may be deemed necessary or
required to expedite any condemnation proceedings or to effectuate a proper transfer of title to
such governmental or other public authority, agency, body or public utility seeking to take or
acquire the said lands and premises or any portion thereof. The Tenant covenants and agrees to
vacate the said premises, remove all the Tenant’s personal property therefrom and deliver up
peaceable possession thereof to the Landlord or to such other party designated by the Landlord in
the aforementioned notice. Failure by the Tenant to comply with any provisions in this clause
shall subject the Tenant to such costs, expenses, damages, and losses as the Landlord may incur by
reason of the Tenant’s breach hereof.
13th: In case of fire or other casualty, the Tenant shall give immediate notice to
the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty,
the Landlord shall repair the same as speedily as
practicable, but Tenant’s obligation to pay the
rent hereunder shall not cease. If, in the opinion of the Landlord, the premises be so extensively
and substantially damaged as to render them untenantable, then the rent shall cease until such time
as the premises shall be made tenantable by the Landlord. However, if, in the opinion of the
Landlord, the premises be totally destroyed or so extensively and substantially damaged as to
require practically a rebuilding thereof, then the rent shall be paid up to the time of such
destruction and then and from thenceforth this lease shall come to an end. In no event, however,
shall the provisions of this clause become effective or be applicable, if the fire or other
casualty and damage shall be the result of the carelessness, negligence or improper conduct of the
Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or
successors. In such case, the Tenant’s liability for the payment of the rent and the performance
of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall
continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the
Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the
proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs
and expenses to make repairs hereunder, and such insurance carriers shall have no recourse against
the Landlord for reimbursement.
14th: If the Tenant shall fail or refuse to comply with and perform any conditions
covenants of the within lease, the Landlord may, if the Landlord so elects, carry out and perform
such conditions and covenants, at the cost and expense of the Tenant, and the said cost and expense
shall be payable on demand, or at the option of the Landlord, shall be added to the installment of
rent due immediately thereafter but in no case later than one month after such demand, whichever
occurs sooner, and shall be due and payable as such. This remedy shall be in addition to such
other remedies as the Landlord may have hereunder by reason of the breach by the Tenant of any of
the covenants and conditions in this lease contained.
15th: The Tenant agrees that the Landlord and the Landlord’s agents, employees or
other representatives, shall have the right to enter into and upon the said premises or any part
thereof, at all reasonable hours, for the purpose of examining the same or making such repairs or
alterations therein as may be necessary for the safety and preservation thereof. This clause shall
not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part
of the Landlord to make such inspection or repairs.
16th: The Tenant agrees to permit the Landlord and the Landlord’s agents, employees
or other representatives to show the premises to persons wishing to rent or purchase the same, and
the Tenant agrees that on and after 180 days next preceding the expiration of the term hereof, the
Landlord or Landlord’s agents, employees or other representatives shall have the right to place
notices on the front of the said premises or any part thereof, offering the premises for rent or
for sale; and the Tenant hereby agrees to permit the same to remain thereon without hindrance or
molestation.
17th: If for any reason it shall be impossible to obtain fire and other hazard
insurance on the buildings and improvements on the leased premises, in an amount and in the form
and in insurance companies acceptable to the Landlord, the Landlord may, if the Landlord so elects
at any time thereafter, terminate this lease and the term hereof, upon giving to the Tenant fifteen
days notice in writing of the Landlord’s intention so to do, and upon the giving of such notice,
this lease and the term thereof shall terminate. If by reason of the use to which the premises are
put by the Tenant or character of or the manner in which the Tenant’s business is carried on, the
insurance rates for fire and other hazards shall be increased, the Tenant shall upon demand, pay
the Landlord, as rent, the amounts by which the premiums for such insurance are increased. Such
payment shall be paid with the next installment of rent but in no case later than one month after
such demand, whichever occurs sooner.
18th: Any equipment, fixtures, goods or other property of the Tenant, not removed
by the Tenant upon the termination of this lease, or upon any quitting, vacating or abandonment of
the premises by the Tenant, or upon the Tenant’s eviction, shall be considered as abandoned and the
Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of
the same, at the expense of the Tenant, and shall not be accountable to the Tenant for any part of
the proceeds of such sale, if any.
19th: If there should occur any default on the part of the Tenant in the
performance of any conditions and covenants herein contained, or if during the term hereof the
premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should
the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other
remedies herein contained or as may be permitted by law, may either by force or otherwise, without
being liable for prosecution therefor, or for damages, re-enter the said premises and the same have
and again possess and enjoy; and as agent for the Tenant or otherwise, re-let the premises and
receive the rents therefore and apply the same, first to the payment of such expenses, reasonable
attorney fees and costs, as the Landlord may have been put to in re-entering and repossessing the
same and in making such repairs and alterations as may be necessary; and second to the payment of
the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and
also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the
difference
between the rents reserved hereunder and the rents, if any, received by the Landlord
during the remainder of the unexpired term hereof, after deducting the aforementioned expenses,
fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.
20th: Upon the occurrence of any of the contingencies set forth in the preceding
clause, or should the Tenant be adjudicated a bankrupt, insolvent or placed in receivership, or
should proceedings be instituted by or against the Tenant for bankruptcy, insolvency, receivership
agreement of composition or assignment for the benefit of creditors, or if this lease or the estate
of the Tenant hereunder shall pass to another by virtue of any court proceedings, writ of
execution, levy, sale, or by operation of law, the Landlord may, if the Landlord so elects, at any
time thereafter, terminate this lease and the term hereof, upon giving to the Tenant or to any
trustee, receiver, assignee or other person in charge of or acting as custodian of the assets or
property of the Tenant, five days notice in writing, of the Landlord’s intention so to do. Upon
giving of such notice, this lease and the term hereof shall end on the date fixed in such notice as
if the said date was the date originally fixed in this lease for the expiration hereof; and the
Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by
force or otherwise, without liability for damages.
21st: The Landlord shall not be liable for any damage or injury which may be
sustained by the Tenant or any other person, as a consequence of the failure, breakage, leakage or
obstruction of the water, plumbing steam, sewer, waste or soil pipes, roof, drains, leaders,
gutters, valleys, downspouts or the like or of the electrical, gas, power, conveyor, refrigeration,
sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or by reason of
the elements; or resulting from the carelessness, negligence or improper conduct on the part of any
other Tenant or of the Landlord or the Landlord’s or this or any other Tenant’s agents, employees,
guests, licensees, invitees, subtenants, assignees or successors; or attributable to any
interference with, interruption of or failure, beyond the control of the Landlord, of any services
to be furnished or supplied by the Landlord.
22nd: The various rights, remedies, options and elections of the Landlord,
expressed herein, are cumulative, and the failure of the Landlord to enforce strict performance by
the Tenant of the conditions and covenants of this lease or to exercise any election or option, or
to resort or have recourse to any remedy herein conferred or the acceptance by the Landlord of any
installment of rent after any breach by the Tenant, in any one or more instances, shall not be
construed or deemed to be a waiver or relinquishment for the future by the Landlord of any such
conditions and covenants, options, elections or remedies, but the same shall continue in full force
and effect.
23rd: This lease and the obligation of the Tenant to pay the rent hereunder and to
comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or
excused because of the Landlord’s inability to supply any service or material called for herein, by
reason of any rule, order, regulation or preemption by any governmental entity, authority,
department, agency or subdivision or for any delay which may arise by reason of negotiations for
the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or
for any cause beyond the control of the Landlord.
24th: The terms, conditions, covenants and provisions of this lease shall be deemed
to be severable. If any clause or provision herein contained shall be adjudged to be invalid or
unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall
not affect the validity of any other clause or provision herein, but such other clauses or
provisions shall remain in full force and effect.
25th: All notices required under the terms of this lease shall be given and shall
be complete by mailing such notices by certified or registered mail, return receipt requested, to
the address of the parties as shown at the head of this lease, or to such other address as may be
designated in writing, which notice of change of address shall be given in the same manner.
26th: The Landlord covenants and represents that the Landlord is the owner of the
premises herein leased and has the right and authority to enter into, execute and deliver this
lease; and does further covenant that the Tenant on paying the rent and performing the conditions
and covenants herein contained, shall and may peaceably and quietly have, hold and enjoy the leased
premises for the term aforementioned.
27th: This lease contains the entire contract between the parties. No
representatives, agent or employee of the Landlord has been authorized to make any representations
or promises with reference to the within letting or to vary, alter or modify the terms hereof. No
additions, changes or modifications, renewals or extensions hereof, shall be binding unless reduced
to writing and signed by the Landlord and the Tenant.
28th: Not Applicable.
29th: If any other mechanics’ or other liens shall be created or filed against the
leased premises by reason of labor performed or materials furnished for the Tenant in the erection,
construction, completion, alteration, repair or addition to any building or improvement, the Tenant
shall upon demand, at the Tenant’s own cost and expense, cause such lien or liens to be satisfied
and discharged of record together with any Notices of Intention that may have filed. Failure so to
do, shall entitle the Landlord to resort to such remedies as are provided herein in the case of any
default of this lease, in addition to such as are permitted by law.
30th: The Tenant waives all rights of recovery against the Landlord or Landlord’s
agents, employees or other representatives, for any loss, damages or injury of any nature
whatsoever to property or persons for which the Tenant is insured. The Tenant shall obtain from
Tenant’s insurance carriers and will deliver to the Landlord, waivers of the subrogation rights
under the respective policies.
31st: The Tenant has this day deposited with the Landlord the sum of 30959.50* as
security for the payment of the rent hereunder and the full and faithful performance by the Tenant
of the covenants and conditions on the part of the Tenant to be performed. Said sum shall be
returned to the Tenant, without interest, after the expiration of the term hereof, provided that
the Tenant has fully and faithfully performed all such covenants and conditions and is not in
arrears in rent. During the term hereof, the Landlord may, if the Landlord so elects, have
recourse to such security, to make good any default by the Tenant, in which event the Tenant shall,
on demand, promptly restore said security to its original amount. Liability to repay said security
to the Tenant shall run with the reversion and title to said premises, whether any change in
ownership thereof be by voluntary alienation or as the result of judicial sale, foreclosure or
other proceedings, or the exercise of a right of taking or entry by any mortgagee. The Landlord
shall assign or transfer said security, for the benefit of the Tenant, to any subsequent owner or
holder of the reversion or title to said premises, in which case the assignee shall become liable
for the repayment thereof as herein provided, and the assignor shall be deemed to be released by
the Tenant from all liability to return such security. This provision shall be applicable to every
alienation or change in title and shall in no wise be deemed to permit the Landlord to retain the
security after termination of the Landlord’s ownership of the reversion or title. The Tenant shall
not mortgage, encumber or assign said security without the written consent of the Landlord.
The Landlord may pursue the relief or remedy sought in any invalid clause, by conforming the
said clause with the provisions of the statutes or the regulations of any governmental agency in
such case made and provided as if the particular provisions of the applicable statutes or
regulations were set forth herein at length.
In all references herein to any parties, persons, entities or corporations the use of any
particular gender or the plural or singular number is intended to include the appropriate gender or
number as the text of the within instrument may require. All the terms, covenants and conditions
herein contained shall be for and shall inure to the benefit of and shall bind the respective
parties hereto, and their heirs, executors, administrators, personal or legal representatives,
successors and assigns.
In Witness Whereof, the parties hereto have hereunto set their hands and seals, or caused
these presents to be signed by their proper corporate officers and their proper corporate seal to
be hereto affixed, the day and year first above written.
| * | Security deposit shall not be substituted for final month’s rent. |
Signed, Sealed and Delivered in the presence of or attested by
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/s/ Xxxxxxxxx X. Xxxxx
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| /s/ Xxxxxxx X. Xxxxxxx
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Rider to Lease 000 Xxxxx 00
33. Landlord represents that the electrical, heating and air conditioning equipment will be in
proper working order at the commencement of this lease. Tenant shall be responsible for the
maintenance and repair of said systems. Tenant shall secure a yearly maintenance contract from a
recognized HVAC service organization to service and maintain said equipment.
34. In the event that any rental payment is more than five (5) days late, Tenant shall pay
additional service charge of $100.00 per day from the 1st day of the month. Landlord
agrees to provide a monthly statement in advance of payment due.
35. Tenant, within 20 days of presentation by Landlord of receipted xxxx, shall pay 40.8% of
the lawn maintenance costs for the common areas. Said costs are to be determined by competitive
bids with no administration costs allowed to the Landlord.
36. Tenant shall pay to the Landlord, within 20 days of presentation of receipted xxxx, 40.8%
of the cost to the Landlord to insure the Landlord’s interest in said premises from fire,
liability, loss of rents, and other hazards.
37. Tenant shall be responsible for the removal of snow from sidewalk in front of its unit.
Tenant shall also pay 40.8% of the snow removal costs for the common areas. Said costs shall be
determined by competitive bids with no administrative costs allowed for the Landlord.
38. Tenant shall pay the Landlord in equal monthly payments in advance, 40.8% of the real
estate taxes assessed by the Township of Hanover against Block 7502 Lot 16. Tenant shall deposit
with the Landlord the equivalent of two months of said proportionate tax payments to be held in
escrow by the Landlord.
39. Tenant shall have the option to renew this lease for an additional five years period at a
rate to be determined by prevailing market provided the Tenant notifies the Landlord in writing of
their intention to renew by December 1, 2012.
40. After September 1, 2010 Tenant shall have the right of first refusal on Unit #5 at 000
Xxxxx 00, Xxxxxxxx, Xxx Xxxxxx.
/s/ Xxxxxxxxx X. Xxxxx
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/s/ Xxxxxxx X. Xxxxxxx
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April 22, 2008 |
