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Exhibit 10.2
Return to: (enclose self-addressed stamped envelope)
Name:
Address:
This Instrument Prepared by:
Address:
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SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
BUSINESS LEASE
THIS AGREEMENT, entered into this _____________ day of
_____________________, 19__ between XXXXXXX XXXXX OR ASSIGNS, hereinafter called
the lessor, party of the first part, and XXXXXXXXXX INC. of the County of
BROWARD and State of FLORIDA, hereinafter called the lessee or tenant, party of
the second part:
WITNESSETH, that the said lessor does this day lease unto said xxxxxx,
and said xxxxxx does hereby hire and take as tenant under said lessor
_____________ Space APPROXIMATELY 6448 sq.ft. OF WAREHOUSE SPACE HEREINAFTER
CALLED PREMISES LOCATED AT 0000 XXXXX XXXXXXX XXX., situated in POMPANO BEACH,
State of FLORIDA, to be used and occupied by the lessee as
________________________ and for no other purposes or uses whatsoever, for the
term of TWO YEARS, subject and conditioned on the provisions of clause ten of
this lease beginning the THIRD day of DECEMBER, 1993, and ending the SECOND day
of DECEMBER, 1995, at and for the agreed total rental of
________________________________________ Dollars, payable as follows:
YEAR 1 YEAR 2
BASE RENT 2,068.76 2,172.20
6% SALES TAX 124.13 130.33
TOTAL 2,192.89 2,302.53
all payments to be made to the lessor on the first day of each and
every month in advance without demand at the office of XXXXXX CO., in the city
of POMPANO BEACH, FLORIDA, or at such other place and to such other person, as
the lessor may from time to time designate in writing.
The following express stipulations and conditions are made a part of
this lease and are hereby assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub-let 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 all additions thereto, without
the written consent of the lessor, and all additions, fixtures or improvements,
which may be made by lessee, except movable office furniture, shall become the
property of the lessor and remain upon the premises as a part thereof, and be
surrendered with the premises at the termination of this lease.
SECOND: All personal property placed or moved in the premises above
described shall be at the risk of the lessee or owner thereof, and lessor shall
not be liable for any damage to said personal property, or to the 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 of any other person whomsoever.
THIRD: That the tenant ______________ shall promptly execute and comply
with all statutes, 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 applicable fire prevention codes for the
prevention of fires, at _____________ own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or
injured by fire or other casualty during the life of this agreement, whereby the
same shall be rendered untenantable, then the lessor shall have the right to
render said premises tenantable by repairs within ninety days therefrom. If said
premises are not rendered tenantable within said time, it shall be optional with
either party hereto to cancel this lease, and in the event of such cancellation
the rent shall be paid only to the date of such fire or casualty. The
cancellation herein mentioned shall be evidenced in writing.
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FIFTH: The prompt payment of the rent for said premises upon the dates
named, and the faithful observance of the rules and regulations printed upon
this lease, and which are hereby made a part of this covenant, and of such other
and further rules or regulations as may be hereafter made by he lessor, are the
conditions upon which the lease is made and accepted and any failure on the part
of the lessee to comply with the terms of said lease, or any of said rules and
regulations now in existence, or which may be hereafter prescribed by the
lessor, shall at the option of the lessor, work a forfeiture of this contract,
and all of the rights of the lessee hereunder.
SIXTH: If the lessee shall abandon or vacate said premises before the
end of the term of this lease, or shall suffer the rent to be in arrears, the
lessor may, at his option, forthwith cancel this lease or he may enter said
premises as the agent of the lessee, without being liable in any way therefor,
and relet the premises with or without any furniture that may be therein, as the
agent of the lessee, at such price and upon such terms and for such duration of
times as the lessor may determine, and receive the rent therefor, applying the
same to the payment of the rent due by these presents, and if the full rental
herein provided shall not be realized by lessor over and above the expenses to
lessor in such re-letting, the said lessee shall pay any deficiency, and if more
than the full rental is realized lessor will pay over to said lessee the excess
of demand.
SEVENTH: Xxxxxx agrees to pay he cost of collection and ten percent
attorney's fee on any part of said rental that may be collected by suit or by
attorney, after the same is past due.
EIGHTH: The lessee agrees that he will pay all charges for rent, gas,
electricity or other illumination, and for all water used on said premises, and
should said charges for rent, light or water herein provided for at any time
remain due and unpaid for the space of five days after the same shall have
become due, the lessor may at its option consider the said lessee tenant at
sufferance and the entire rent for the rental period then next ensuing shall at
once be due and payable and may forthwith be collected by distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor all the
furniture, fixtures, goods and chattels of said lessee, which shall or may be
brought or put on said premises as security for the payment of the rent herein
reserved, and the lessee agrees that the said lien may be enforced by distress
foreclosure or otherwise at the election of the said lessor, and does hereby
agree to pay attorney's fees of ten percent of the amount so collected or found
to be due, together with all costs and charges therefore incurred or paid by the
lessor.
TENTH: It is hereby agreed and understood between xxxxxx and lessee
that in the event the lessor decides to remodel, alter or demolish all or any
part of the premises leased hereunder, or in the event of the sale or long term
lese of all or any part of the ____________________________; requiring this
space, the lessee hereby agrees to vacate same upon receipt of sixty (60) days'
written notice and the return of any advance rental paid on account of this
lease.
ELEVENTH: The 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 for the
safety, comfort, or preservation thereof, or of said building, or to exhibit
said premises, and to put or keep upon the doors or windows thereof a notice
"FOR RENT" at any time within thirty (30) 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.
TWELFTH: 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,
excepting only reasonable wear and tear arising from the use thereof under this
agreement, and to make good to said 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 the employ or under the control of the
lessee.
THIRTEENTH: It is expressly agreed and understood by and between the
parties to this agreement, that the landlord shall not be liable for any damage
or injury by water, which may be sustained by the said tenant 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 soil
pipes, or other leakage in or about the said building.
FOURTEENTH: If the lessee shall become insolvent or if bankruptcy
proceedings shall begun by or against the lessee, before the end of said term
the lessor is hereby irrevocably authorized at its option, to forthwith cancel
this lease, as for a default. Lessor may elect to accept rent from such
receiver, trustee, or other judicial officer during the term of their occupancy
in their fiduciary capacity without affecting lessor's rights as contained in
this contract, but no receiver, trustee or other judicial officer shall ever
have any right, title or interest in or to the above described property by
virtue of this contract.
FIFTEENTH: Lessee hereby waives and renounces for himself and family
any and all homestead and exemption rights he may have now, or hereafter, under
or by virtue of the constitution and laws of this State, or of any other State,
or of the United States, against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of
this agreement.
SIXTEENTH: This contract shall bind the lessor and its assigns or
successors, and the heirs, assigns, personal representatives, or successors as
the case may be, of the lessee.
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SEVENTEENTH: 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.
EIGHTEENTH: 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 the lessee and written notice mailed or
delivered to the office of the lessor shall constitute sufficient notice to the
lessor, to comply with the terms of this contract.
NINETEENTH: The rights of the lessor under the foregoing shall be
cumulative, and failure on the part of the lessor to exercise promptly any
rights give hereunder shall not operate to forfeit any of the said rights.
TWENTIETH: It is further understood and agreed between the parties
hereto that any charges against the lessee by he lessor for services or for work
done on the premises by order of the lessee or otherwise accruing under this
contract shall be considered as rent due and shall be included in any lien for
rent due and unpaid.
TWENTY-FIRST: 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 the lessor for approval before
installation of same.
TWENTY-SECOND: RADON GAS NOTIFICATION (the following notification may
be required in some states): 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.
Additional information regarding radon and radon testing may be obtained from
your county public health unit.
IN WITNESS HEREOF, the parties hereto have executed this instrument for
the purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:
/s/ Xxxx X. Xxxxxxxx /s/ Xxxxxxx Xxxxx
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Witness Signature (as to Lessor) Lessor Signature
Xxxx X. Xxxxxxxx Xxxxxxx Xxxxx
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Printed Name Printed Name
/s/ Viva Xxxxxxx 0000 Xxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxx, XX
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Witness Signature (as to Lessor) Post Office Address
Viva Xxxxxxx
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Printed Name
/s/ Xxxx X. Xxxxxxxx /s/ Xxxxxx X. Xxxxxxxx C.F.O.
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Witness Signature (as to Lessee) Lessee Signature
Xxxx X. Xxxxxxxx Xxxxxx X. Xxxxxxxx - Xxxxxxxxxx, Inc.
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Printed Name Printed Name
0000 Xxxxx Xxxxxxx Xxx. Ext.
/s/ Xxxxxx X. Xxxxxx Pompano Beach, FL
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Witness Signature (as to Lessee) Post Office Address
Xxxxxx X. Xxxxxx
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Printed Name
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STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared XXXXXXX XXXXX AND XXXXXX XXXXXXXX to me
know to be the person__ described in and who executed the foregoing instrument
and they acknowledged before me that they executed same.
WITNESS my hand and official seal in the County and State last
aforesaid this 18th day of November, A.D. 1993.
Xxxxx X. Xxxxxx
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Notary Signature
XXXX
Xxxxx X. Xxxxxx
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Printed Notary Signature
My Commission Expires:
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