Exhibit 10.4
LEASE
THIS AGREEMENT, entered into this ___ day of _________, 1999, between
LESSOR: Xxxxxx & Xxxxx Xxxxxxx
00000 Xxxxxx Xxxxx
Xxxxx Xxxxxxx, XX 00000
LESSEE: First Aid Select, Inc.
Xxxxx Xxxxxx
00000 X.X. 00xx Xxxxxx
WITNESSES, the above lessor does this day lease unto the above lessee, and
the above lessee does hereby hire and take as tenant under the above lessor the
following described premises:
Sawgrass Business Center
10211,10213,10215,10235,10237,10239 X.X. 00xx Xxxxxx
Xxxxxxx, Xxxxxxx 00000
This lease is for a term of five year(s), beginning the 1st day of August,
1999 and ending the July 31, 2004 at the agreed annual base rental of 4,242.00,
plus applicable Florida Sales Tax, such rent to be payable at the address shown
above for lessor or at such other place as the lessor may from time to time
designate in writing and such rent to be payable as follows:
Payable in monthly installments of 4,242.00 plus sales tax (currently 254.52 )
due on the first day of each and every month. The first monthly payment after
advance payment is due September 1, 1999, and on the first day of each month
thereafter until contract is completed. An additional charge of 10% of rent due
will be assessed if rent is not received in the office of the lessor by the 5th
of the month due.
There is to be an annual adjustment of the base rent based on the cost of living
index, the "U.S. Dept. of Labor, Consumer Price Index for All Urban Consumers,
U.S. City Average (1967 = 100) All Items", called the "CPI", will be used to
determine the cost of living increase at the end of each year of the lease, The
increase will be computed using the "CPI" for that period of time closest to the
first month of the lease as the base and the "CPI" for that period of time
closest to the last month of the year of the lease as the determinator of the
increase. In any case, this increase shall not be less then 3.00%.
There is to be one lease option of two year duration, with terms and conditions
to remain the same, provided, however, the lessee notifies lessor in writing at
least 60 days prior to expiration of this lease of intent to so renew.
The real estate taxes for the year 1999 will be the base year and any increase
in real estate taxes thereafter will be paid by the lessee (prorata share of its
square footage occupied).
The following express stipulations and conditions are made a part of this lease
and are hereby agreed to by the lessee:
1. The lease premises are to be used and occupied by lessee as office and
warehouse for a wholesale, retail sales and service of fist aid and safety
products and for no other purposes or uses whatsoever.
2. 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 to
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 for movable office furniture, Lessee further agrees to
restore premises in original condition upon removal of same. In the event Lessee
shall not remove any fixtures or improvements at the termination of the lease
they 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. Lessor may not unreasonably withhold such consent on assignment.
3. 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.
4. 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 said
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 Southeastern Underwriters Association for the prevention of
fires, at his own cost and expense.
5. 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, 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, shall at the option of the lessor, work a
forfeiture of this contract, and all of the rights of the lessee hereunder, and
thereupon the lessor, his agents or attorneys, shall have the right to enter
said premises and remove all persons therefrom forcibly or otherwise, and the
lessee thereby expressly waives any and all legal proceedings to recover
possession of said premises, and expressly agrees that in the event of a
violation of any of the terms of this lease, or said rules and regulations, now
in existence, said lessor, his agent or attorneys, may immediately re-enter said
premises and dispossess lessee without legal notice or the institution of any
legal proceedings whatsoever.
6. 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
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. During period of repairing such
damage, rent shall xxxxx in proportion to area rendered untenantable.
7. 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, by force or otherwise, without being liable in any way
therefore, and relet the premises otherwise 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 time as the lessor may determine, and receive the rent
therefore, applying the same to the payment of the rent due by these presents,
and if the full rental herein provided shall not be realized lessor will pay
over to said lessee the excess of demand.
8. If lessee is in default as defined in paragraphs 6 and 7 of this lease,
then the lessor, in addition to all the rights and remedies granted under the
laws of the State of Florida, shall have the right to terminate the lease and
elect to declare this entire rent for the balance of the term due and payable
forthwith.
9. Lessee agrees to pay the cost of collection including a reasonable
attorney's fee on any part of said rental that may be collected by suit or by
attorney, after the same is past due.
10. The lessee agrees that he will pay all charges for rent and
electricity, and should said charges for rent and electricity 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
immediately re-enter upon said premises 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.
11. Lessor shall maintain the exterior walls and roof of the premises and
the lessee shall maintain the doors ,windows, interior walls ,electric, plumbing
,etc. of said leased premises. The lessor agrees to provide for normal water and
sewage as provided in a general warehouse building. Lessee agrees to provide for
is own trash collection at his expense and agrees not to store material, trash
or debris outside the rental unit.
12. There will be a full utility and services stop, whereby lessee must pay
his prorata share (based upon square footage occupied) of any additional
increases in regular water, sewer, trash removal, insurance and exterior
maintenance charges upon any increase of these services and rates.
13. Lessee agrees that if at any time he shall cause locks to be changed on
this space, he shall first notify lessor and shall arrange for locksmith to
provide lock for lessor's master key and provide lessor with new keys, at
lessee's expense.
14. 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 reasonable attorney's fees, together with all costs and charges
therefore incurred or paid by the lessor.
15. The lessor, or any of his agents shall have the right to enter such
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. 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.
16. 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.
17. 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.
18. If the lessee shall become insolvent or if bankruptcy proceedings shall
be 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 the occupancy in their fiduciary
capacity without effecting 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.
19. This contract shall bind the lessor and it assigns or successors, and
the heirs, assigns, administrators, legal representatives, executors, or
successors as the case may be, of the lessee.
20. 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.
21. 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.
22. The rights of the lessor under the foregoing shall be cumulative, and
failure on the part of the lessor to exercise proptly an rights given hereunder
shall not operate to forfeit any of the said rights.
23. It is further understood and agreed between the parties hereto that any
charges against the lessee by the 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.
24.(a) 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.
The lessee shall not place any numbers, signs, advertisement or notices in or
upon any part of the building of which the leased premises are a part without
the consent of the lessor. The lessee shall not use any part of the building for
any purpose which may disturb other tenants, for any purpose which is unduly
hazardous on account of fire, or for any unlawful purpose, or for any purpose
reasonably objectionable to the lessor.
(b) In the event the Lessor desires to renovate the facade of the Leased
Premises, then Lessee agrees upon sixty (60) days notice from Lessor to remove
any existing exterior signs. Lessee agrees after completion of Lessor's
renovation to replace its sign or signs in conformity with the general decor of
the Premises as remodeled and as approved by Lessor.
Lessee further agrees to complete such work within sixty (60) days
after receipt of notice from Lessor, and such time shall be of the essence
hereof. All costs incurred in the removal of existing signs and the installation
of the new sign or signs shall be borne solely by Lessee.
25. Lessee covenants and agrees that it has no power to incur any
indebtedness giving a right to a lien of any kind or character upon the right,
title and interest of the lessor in the leased property, and that no person
shall ever be entitled to any lien, directly or indirectly, derived through or
under the lessee, or its agents or servants, or on account of any act or
remission of said lessee. All persons contracting with said lessee, or
furnishing materials or labor to said lessee, or to its agents or servants, as
well as all persons whomsoever, shall be bound by this provision of this lease.
Should any such lien be filed, the lessee shall discharge the same or cause the
same to be discharged within thirty days thereafter. The lessee shall not be
deemed to be the agent of the lessor so as to confer upon a laborer bestowing
labor upon the leased premises, or upon a material-man who furnishes material
incorporated into any improvements upon the leased premises, a mechanic's lien
upon the lessor's interest in the leased property. Nothing contained in this
lease shall be construed to require the lessee to construct any additional
improvements upon the leased premises.
26. Lessee hereby acknowledges and agrees that this Lease and all of
Lessee's rights hereunder are subject and subordinate to the lien of any
mortgage that is now or may hereafter be placed upon the Leased premises or
building, and to any and all advances to be made thereunder, and to the interest
thereof, and all renewals, replacements and extensions thereof, notwithstanding
whether this Lease is dated prior to or subsequent to the date of any such
mortgage, renewal, replacement or extension. Lessee agrees that, upon the
request of Lessor or the Mortgagee under any such Mortgage, Lessee will execute
and deliver whatever instruments may be required for the purposes of carrying
out the intent of this section.
27. The lessee hereby covenants and agrees to carry at its expense public
liability insurance, insuring both the lessor and the lessee as their respective
interests appear for a coverage of not less than $300,000.00 for one person and
not less than 300,000.00 for more than one person for a single occurrence, and
for $100,000.00 in property damage. Such policy or certificates thereof shall be
delivered to the lessor together with proof of payment of premium on same to
show such insurance coverage on all plate glass and metal frames located in this
occupancy.
28. Should occupancy of premises by lessee cause present fire and liability
insurance rates applicable thereto, or to any other unit to be increased, lessee
shall pay the difference on amount of fire and liability insurance now being
carried by lessor or any other lessee located on the premises, and said
difference shall be in addition to amount of rental specified herein and shall
be paid to lessor on demand.
29. The lessee shall indemnify and save harmless the lessor from and
against any and all claims, suits, actions, damages and causes of action arising
out of the negligence of the lessees, their agents or their invites, during the
term of this lease, for any personal injury, loss of life and damage to property
sustained in, or about, the demised premises, or to the buildings and
improvements placed thereon, or the appurtenances thereto, or fees, expenses and
liabilities incurred in and about any such claim, the investigation thereof, or
the defense of any action, or proceeding, brought thereon, and from and against
any orders, judgments and decrees, which may be entered therein.
30. Parking at the building is available on a first-come, first served
basis, subject to rules and regulations which lessor may now or herein after
make or amend.
31. Lessee shall make arrangements directly with the telephone company for
telephone service in the leased premises desired by lessee. After the first
thirty (30) days of the occupancy, lessee shall pay all costs of maintenance of
light fixtures and replacement of lamps, bulbs, tubes, ballast's and starters in
the leased premises, but lessor shall do so during the first thirty (30) days of
occupancy.
32. Lessor shall provide the following services: (1) city water from the
regular building's outlets for drinking, lavatory and toilet purposes only.
33. Lessee shall keep and maintain one or more fire extinguishers suitable
to this type of occupancy. Such extinguishers shall be mounted at a central and
easily accessible location in the premises and shall be serviced at least once
each year, or after each use, by a licensed fire extinguisher service.
34. Lessee shall be responsible for extermination of rodents and pests,
including rats, mice, roaches, ants and bedbugs. No dogs or animals, birds or
pets shall be kept in or upon the leased premises without the lessor's written
consent; and consent so given may be revoked at any time.
35. In the event of default by Lessee, Lessee agrees that for the purposes
of service of process Xxxxx Xxxxxx shall be their agent for acceptance of such
service.
36. Neither the lessee nor his invitees, visitors or agents shall make or
suffer any unlawful, noisy or otherwise offensive use of the leased premises,
nor commit or permit any nuisance to exist thereon, nor cause damage to the
leased premises, nor create any substantial interference with the rights,
comfort, safety or enjoyment of the lessor or other occupants of the same or any
other suite.
37. This Lease shall not be recorded in the public records of Broward
County, Florida.
38. The Lessee agrees to comply with any and all environmental regulations
and laws imposed by the Federal gov't, State of Florida, Broward County, and or
any municipality or any other Governmental Regulatory Agency. In the event of
any notice of violation with requard to any environmental law or regulation the
lessee shall forthwith: (a). Cure or correct said violation (b). perform any
clean up to the demised premise and the surrounding premises that may be
required (c). do any acts or refrain from doing any acts reasonably required by
the Lessor or required by any governmental agency to prevent any further
violations of any environmental law or regulation.
39. If the whole of the Demised Premises shall be taken by any public or
quasi-public authority under the power of condemnation, eminent domain or
expropriation, or in the event of a conveyance in lieu thereof, the Lease Term
shall cease as of the date possession shall be taken by such authority.
In the event of any such taking or conveyance of any portion thereof,
Tenant shall pay Fixed Minimum Rent and additional rent to the day when
possession thereof shall be taken by such authority, with an appropriate refund
by Lessor or such rent as may have been paid in advance for a period subsequent
to such date. If this Lease shall continue in effect as to any portion of the
Demised Premises not so taken or conveyed, the Fixed Minimum Rent shall be
equitably reduced and the Tax Rent and other charges shall thereafter be
recomputed on the basis of the remaining Floor Space. If this Lease shall so
continue, Lessor shall, at its expense, but only to the extent of an equitable
proportion of the award or other compensation for the portion take or conveyed
of the building in which the Demised Premises are located, make all necessary
repairs or alterations so as to constitute the remaining Demised Premises a
complete architectural and tenantable unit.
If part of the parking facilities or land surrounding the building shall be
so taken or conveyed that a reasonable number of parking spaces necessary, in
Lessors judgment, for the continued operation of the building shall not be
available for use, then, and in such event, Lessor may, by notice in writing to
Tenant delivered on or before the day of surrendering possession to the
authority, terminate this Lease and Fixed Minimum Rent and additional rent shall
be paid or refunded as of the date of termination. All compensation awarded for
any such taking or conveyance, whether for the whole or part of the Demised
premises, the Lessee t hereby assigns to the Lessor all of Lessee right, title
and interest in and to any and all such compensation.
40. 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 building in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health
unit.
41. Surrender of the premises after holding over. Upon termination of this
lease, whether such termination occurs prior to or at the end of the term of
this lease, lessee agrees to deliver the premises to the lessor. If the lessee
remains in possession of the premises after expiration of the term hereof
without the written consent of lessor, lessee shall be a lessee holding over at
a rental equal to the rent in effect at the end of this lease plus 50% thereof
plus all other sums due under this lease and there shall be no renewal of this
lease by operation of law. In the event lessee holds over pursuant to the terms
of this paragraph, lessee shall relinquish all of it's right, title, interest
and possession, to and of the premises within ten (10) days after demand by
lessor.
SECURITY DEPOSIT CLAUSE
Lessor hereby acknowledges receipt from the Lessee of the sum of
$4,242.00 the same to be held by the Lessor as a security deposit guaranteeing
the faithful performance of all terms and conditions of this Lease on the part
of the Lessee. In the event that the Lessee fails to timely cure any default in
said terms and conditions, Lessor may use so much of said deposit as is
necessary to correct same, including the repair of any damage of the leased
premises caused by the Lessee. In such event, Lessee agrees immediately
re-deposit with Lessor that amount of money used by Lessor from said deposit to
cure the default, it being the intention of the parties that the Lessor shall
hold continuously throughout the term of this Lease or any extensions thereof a
security deposit in the amount of $ 4,496.00
Upon the termination of the Lease and the return of possession of the
leased premises by the Lessee to the Lessor in a good state of repair as
required by this lease, the security deposit shall be returned by the lessor to
the Lessee, provided, however, that so much of the security deposit may be
retained by Lessor at such expiration of the lease term as is needed to repair
any damage to the leased premises.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument
for the purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:
------------------------------- -------------------------------
Witness Lessor - Xxxxxx Xxxxxxx
------------------------------- ------------------------------
Witness Lessor - Xxxxx Xxxxxxx
------------------------------- -------------------------------
Witness Lessee - Xxxxx Xxxxxx
COMPUTER FORM FOR INPUTTING/CHANGING TENANT DATA
Tenant:
Company Name Atlantic Express Moving & Storage
--------------------------------------------------------------------------------
Tenant Name (1) Xxxxxx Xxxxxx
--------------------------------------------------------------------------------
Home Address
--------------------------------------------------------------------------------
City State FL Zip
--------------------------------------------------------------------------------
SS#
--------------------------------------------------------------------------------
Phone Numbers:
Office 000 000-0000 Fax Beeper
--------------------------------------------------------------------------------
Home Other
--------------------------------------------------------------------------------
Billing:
Address 00000 X.X. 00xx Xxxxxx
--------------------------------------------------------------------------------
City Sunrise State Florida Zip 33351
--------------------------------------------------------------------------------
Unit:
Prop # / Bldg # Sawgrass Business Center
--------------------------------------------------------------------------------
Bay # 00000 X.X. 00xx Xxxxxx
--------------------------------------------------------------------------------
Lease:
--------------------------------------------------------------------------------
Base Rent 725.00 Sales Tax 43.50
--------------------------------------------------------------------------------
Term of Lease 1 Year
--------------------------------------------------------------------------------
Start Date September 1st 1999 End Date January 31, 2000 (with out
option)
--------------------------------------------------------------------------------
Renewal Option(years) 1 Year Renew By
--------------------------------------------------------------------------------
Tenant Since January 13th 1999
--------------------------------------------------------------------------------
