EXHIBIT 10.9
This Lease Agreement, made the day of ,2000
Between
XXXXXX X. XXXXX & W. XXXX XXXXXXX, Partners
Residing or located at 000 Xxxxxx Xxxxxx Xxxx In the Borough of Oakland
in the County of Bergen and State of New Jersey, herein designated as the
Landlord,
And
MORLYN FINANCIAL GROUP, LLC
about to be located at 0 Xxxx Xxxx in the Borough of Oakland in the County of
Bergen and State of New Jersey , 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:
Approximately 4,705 rentable sq. ft. on the third floor, as more particularly
shown on Appendix "A" annexed hereto,
for a term of five and one-half (5 1/2) years commencing on November 1 2000,
and ending on April 30, 2006 to be used and occupied only and for no other
purpose than an office facility.
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 $430,069.00 (Four hundred thirty
thousand sixty-nine and no/100 in the following manner:
See Appendix "B" annexed hereto.
Landlord represents that there is ample parking available for Tenant's
use. Landlord will upon Tenant's request reserve up to 4 spaces for Tenant's
exclusive use and will so xxxx these spaces.
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 and
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 See Rider #2.
*Except as otherwise provided herein,
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,
television 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.
*which consent shall not be unreasonably withheld or delayed.
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. *which consent shall not be unreasonably
withheld or delayed
Signs permitted by Landlord.
6th: The Tenant shall pay when due all the rents or charges for gas and
electricity used by the Tenant winch 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 to and become payable as additional rent with the installment of rent next
due or within 30 days of demand therefor, whichever occurs sooner. See Rider #2
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. See Rider 2#
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 $ 300,000.00 for
injuries to one person and $ 500,000.00 for injuries to more than one person, in
any one accident or occurrence, and for loss or damage to the property of any
person or persons, for not less than $ 100,000.00. 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 therefor, 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 therefor. 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 the Tenant's agents, employees, guests,
licensees, invitees, subtenants, assignees or successors, or for any cause
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. *which will not be unreasonably withheld or
delayed
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.
11th: This lease shall not be a lien against the said 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 en 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 canceling
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, thee Landlord shall grant an option to purchase anti or
shall sell and convey thee said premises or any portion thereof, to thee
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. See Rider #2.
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 the 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 thee premises shall be made tenantable by
the Landlord. However, if, in the opinion of the Landlord, 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 the repairs hereunder, and such
insurance carriers shall have no recourse against the Landlord for
reimbursement. See Rider #2.
14th: If the Tenant shall fail or refuse to comply with and perform any
conditions and 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 Tenant agrees that on and after six
(6) months next preceding the expiration of the term hereof, the Landlord or the
Landlord's agents, employees or other representatives shall have the right to
place notices on the front of 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 * 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 to 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. *thirty
(30)
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 of 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 thee premises and receive the rents
therefor 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. See Rider #2.
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
the 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.
*which action is not dismissed or stayed within sixty (60) days.
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 leave 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 a relinquishment for the future by the
Landlord of any such conditions and covenants, options, elections
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 thus 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
representative, 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.
29th: If in any calendar year during the term and of any renewal or
extension of the term hereof, thee annual municipal taxes assessed against the
land and improvements leased hereunder or of which the premises herein leased
are a part, shall be greater than the municipal taxes assessed against the said
lands and improvements for the calendar year 2000, which is hereby designated as
the base year, then, in addition to the rent herein fixed, the Tenant agrees to
pay a sum equal to thirty-three and one-third (33 1/3%) percent of the amount by
which said tax exceeds the annual tax for the base year, inclusive of any
increase during any such calendar year. The said sum shall be considered as
additional rent and shall be paid in as many equal installments as there are
months remaining in the calendar year in which said taxes exceed the taxes for
the base year, on the first day of each month in advance, during the remaining
months of that year. If the term hereof shall commence after the first day of
January or shall terminate prior to the last day of December in any year, then
such additional rent resulting from a tax increase shall be proportionately
adjusted for the fraction of the calendar year involved. See Rider #2.
30th: If any 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 within 10 days
thereafter, 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 been 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.
32nd: The Tenant has this day deposited with the Landlord the sum of
$10,439.22 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.
See Rider and Appendix attached hereto and made a part hereof.
Subject to Rider #2 which is incorporated herein.
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
Signed, Sealed and Delivered
in the presence of
or Attested by
/s/ Xxxxxx X. Xxxxx
-----------------------------
Xxxxxx X. Xxxxx
Landlord
MORLYN FINANCIAL GROUP, LLC
By /s/ Xxxxxxx Xxxxxxx
------------------------------
Xxxxxxx Xxxxxxx, President
Tenant
)
State of New Jersey ) ss.: Be it Remembered,
)
that on 19 , before me, the subscriber,
personally appeared
who, I am satisfied, the person named in and who executed the
within Instrument, and thereupon acknowledged that signed, sealed
and delivered the same as
act and deed, for the uses and purposes therein expressed.
)
State of New Jersey )ss.: Be it Remembered,
)
that on 19 , before me, the subscriber,
personally appeared
who, being by me duly sworn on h oath, deposes and makes proof to my
satisfaction, that he is the Secretary of
the Corporation named in the within Instrument;
that is the President of said Corporation; that the execution,
as well as the making of this Instrument, has been duly authorized by a proper
resolution of the Board of Directors of the said Corporation; that deponent well
knows the corporate seal of said Corporation; and that the seal affixed to said
Instrument is the proper corporate seal and was thereto affixed and said
Instrument signed and delivered by said President as and for
the voluntary act and deed of said Corporation, in presence of deponent, who
thereupon subscribed h name thereto as attesting witness.
Sworn to and subscribed before me, the date aforesaid.
--------------------------------------------------------------------------------
LEASE
TO
-------------------------------------------
Dated, ,19
-------------------------------------------
Expires,
Rent, $
Prepared by:
--------------------------------------------------------------------------------
ASSIGNMENT OF LEASE
For one dollar and other good and valuable consideration, the Tenant as
Assignor, assigns this Lease and all the Assignor's rights and privileges
therein, including any and all monies deposited with the Landlord as security,
subject to all the terms, covenants and conditions contained therein; and the
Assignee accepts this Assignment of Lease and assumes and agrees to comply with
and be bound by the terms, covenants and conditions in said Lease contained. The
signature of the Landlord hereto is evidence of the Landlord's consent to and
acceptance of this Assignment of Lease.
---------------------------------------- ----------------------------------
Assignee Assignor
----------------------------------
Landlord
RIDER TO BE ATTACHED TO AND MADE A PART OF
LEASE AGREEMENT BETWEEN
XXXXXX X. XXXXX, as Landlord, and
MORLYN FINANCIAL GROUP, LLC, as Tenant
33rd: TENANT shall reimburse LANDLORD, as additional rent, for TENANT'S
share of the increase in LANDLORD'S gross cost of operation of the Building,
over those for the 2000 calendar year, in accordance with the following:
(a) Common facilities shall mean common hallways, stairways,
elevator, parking area, driveways, sidewalks and all other areas in the Building
now or hereafter constructed and intended to be used in common by or for the
tenants in the Building.
(b) TENANT'S share of the increase of LANDLORD'S gross cost
for the operation of the property shall be determined for each year by
subtracting the cost for the 2000 year from the costs for the year in question
and multiplying the difference by the same ratio as is used to determine
TENANT'S share of real estate taxes in accordance with paragraph 29th.
(c) LANDLORD'S gross cost shall include:
(i) Electricity for lighting of common facilities,
elevator usage.
(ii) Repairs and maintenance to the common
facilities (including landscaping, snow removal
and trash removal) not properly chargeable to
capital account under generally accepted
accounting principles.
(iii) Fuel for hot water.
(iv) Water.
(v) Insurance.
(vi) Management fees which shall not exceed 10% of
rents collected.
(vii) Other similar direct costs, exclusive of real
estate taxes and excluding any and all capital
improvements.
(d) If the expiration date of the Lease does not coincide
with the calendar year, then TENANT'S share of the increase of operating expense
for the calendar year in which the Lease terminates shall be proportionately
reduced according to the portion of the year which will elapse prior to the
termination date. See Rider #2.
34th: TENANT shall pay all charges for gas, electricity, light, heat,
power and telephone or other communication service used, rendered or supplied
upon or in connection with leased property, and shall indemnify LANDLORD against
any liability or damages on such account. See Rider #2.
35th: The parties agree that Xxx Xxxxxxxx, ReMax Real Estate
Enterprises is the broker who negotiated and who brought about this transaction.
All Broker fees and/or commissions shall be paid by LANDLORD. Broker commissions
shall be payable at 5% of total base rent and shall be earned upon payment of
security, first month's rent and occupancy of the premises. The terms of payment
are one-half at occupancy and the remaining one-half six months later.
Commissions shall be payable at the same 5% rate for any extensions or renewals
of this Lease.
36th: LANDLORD shall have the right from time to time during the term
of this Lease to make reasonable rules and regulations for the orderly and
lawful use of the Building by its Tenants and their guests. TENANT, its
servants, employees, agents, visitors and licensees shall observe and comply
with these rules and regulations. Any failure by LANDLORD to enforce any rules
and regulations now or hereafter in effect, either against TENANT or any other
Tenant in the Building, shall not constitute a breach hereunder or waiver of any
such rules or regulations, but any rule or regulation not generally enforced
against other Tenants in the Building will not be discriminatorily enforced
against TENANT.
37th: TENANT shall pay a late fee of five (5%) percent of the amount
due for any payment that remains unpaid for a period of more than five (5) days
from the date due.
38th: Options to Renew Lease. TENANT may, providing he is not in
default of the terms of this Lease, extend the Lease upon the same terms and
conditions as provided herein for a period of five (5) years. The base rent for
the first year (1st payment period) shall be based on $18.00 per square foot of
rentable space. The base rental for each remaining two (2) year period of the
option (2nd and 3rd payment periods) shall be based on the increase in the CPI
Index for the month of September in the year in which the last payment period
terminates as compared to the CPI Index in the month of September in the year in
which the prior payment period terminated, but in no event shall the increase be
less than five (5%) percent of the prior base rental nor greater than eight (8%)
percent thereof. Subject to Rider # 2 which is incorporated herein.
/s/ Xxxxxx X. Xxxxx
---------------------------------
XXXXXX X. XXXXX, Landlord
MORLYN FINANCIAL GROUP, LLC
By /s/ Xxxxxxx Xxxxxxx
---------------------------------
Xxxxxxx Xxxxxxx President, Tenant
The payment obligations of the within Lease are personally guaranteed by the
undersigned during the initial term only. This Guaranty shall terminate as of
the end of the initial term
/s/ Xxxxxx Few
---------------------------------
XXXXXX FEW
on April 30, 2006, and shall not apply during any renewal or extension beyond
that date.
[FLOOR PLAN]
APPENDIX "A"
APPENDIX "B"
$430,069.00 (Four hundred thirty thousand sixty-nine and No/100) payable in the
following manner:
1. 1st 6 months: 2,941 sq. ft. @ 16.50 = $24,263 or $4,043.83/mo. per
month in advance commencing on November 1, 2000.
2. 2nd 6 months: 4,705 sq. ft @ $16.50 = $38,816 or $6,469.33 per month in
advance commencing May 1, 2001.
3. Next 2 1/2 years: 4,705 sq. ft. @ $17 = $79,985 per year or $6,665.42
per month in advance commencing November 1, 2001.
4. Last 2 years: 4,705 sq. ft. @ $17.75 = $83,513.75 per year or $6,959.48
per month in advance commencing May 1, 2004.
RIDER #2 TO LEASE
BETWEEN
Xxxxxx X. Xxxxx and W. Xxxx Xxxxxxx Partnership,
as Landlord
and
Morlyn Financial Group, LLC,
as Tenant
dated August 15, 2000
The Lease to which this Rider is appended is amended by the following additional
provisions relating to the articles in the main lease as numbered here:
Article 2nd: Landlord shall make all structural repairs to the premises and any
major repairs or replacements to the HVAC equipment, roof, any all building
systems and equipment without reimbursement from Tenant, directly or indirectly.
Landlord represents that the HVAC and other building systems are in good
working order.
Article 5th: Landlord shall add Tenant's name to any directory of building
occupants.
Article 6th and 34th): Landlord represents that the leased premises are
separately metered.
Article 7th: Landlord represents that the Tenant's proposed use of the premises
is permissible under applicable zoning laws, and if a C.O. and/or any other
governmental approval or use permit is required by Tenant, the effectiveness of
this Lease is conditioned on Tenant obtaining such C.O. and approvals/permits.
Article 12th: Upon any taking which materially impacts upon Tenant's use of its
leased space herein, Tenant shall also have the option to terminate the Lease,
or, upon a partial taking, rent shall be proportionately reduced for the part of
the leased premises taken.
Article 13th: Landlord shall make any decision to repair or terminate and shall
notify Tenant of its intentions in this regard within fourteen (14) days of any
casualty loss. In addition, if there is partial damage to the premises, rent
will xxxxx proportionally to the portion of the premises so affected and during
the period in which Tenant shall not have the use of same.
Article l9th: Tenant shall be given certain grace periods for an opportunity to
cure before Landlord can declare a default. Tenant shall have a ten (10) day
grace period for monetary defaults and a thirty (30) day grace period for
non-monetary defaults (or such longer period of time if such default cannot be
cured within 30 days, provided Tenant immediately takes steps to diligently cure
such default), all following written notice of such claimed default.
Article 29th: Landlord represents that the Tenant's percentage share as set
forth herein is equal to the proportion by which the Tenant's leased premises
bears to the total rentable space in the building.
Page 1 of 2
Article 33rd: Such increased costs are due from Tenant within thirty (30) days
from the year end, but in no event earlier than thirty (30) days from when
invoiced to Tenant. Tenant and/or Tenant's representatives shall be given full
access to the Landlord's records relating to all such operating cost
calculations and documents relating thereto.
EFFECT OF RIDER #2. This Rider #2 shall supplement the provisions in the
parties' main agreement and Rider. If any terms or provisions in this Rider #2
conflict with or are more comprehensive than the main agreement and Rider, the
terms in this Rider #2 shall control and supersede same.
Morlyn Financial Group, LLC, Tenant Xxxxxx X. Xxxxx and W. Xxxx
Xxxxxxx, Partnership, Landlord
BY /s/ Xxxxxxx Xxxxxxx BY /s/ Xxxxxx X. Xxxxx
------------------------------------ ------------------------------
Xxxxxxx Xxxxxxx, President Xxxxxx X. Xxxxx, Partner
Page 2 of 2
