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EXHIBIT 10.41
LEASE (Specimen)
THIS INDENTURE, made and executed this___________day of
November, 2000 by and between C.V.M.H. INC., hereinafter called the Lessor, and
OH INVESTMENTS, INC., a Florida corporation, hereinafter called the Lessee.
W I T N E S S E T H:
That, for and in consideration of the payment of the rents and
performance of the covenants contained herein on the part of the Lessee and in
the matter hereinafter stated, the Lessor does hereby demise and lease said
property to the Lessee and in consideration of the premises, the Lessee does
hereby lease and hire the property from Lessor subject to the terms and
conditions hereinafter set forth:
1. DESCRIPTION:
A. The property is located in Palm Beach County, Florida and
legally described as follows:
Xxx 0, Xxxxx X, xx XXXXXXX, Xxxx No. 2,
according to the Plat thereof, recorded in Plat
Book 86, page 103, of the Public Records of
Palm Beach County, Florida.
B. Street Address: 0000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx.
2. TERMS: The initial term hereof shall commence on the
_______day of November, 2000 and continue on a month by month basis.
3. RENT: Rent shall be the amount of One Thousand Six Hundred
and Forty Two and 54/100 Dollars ($1,642.54) and continue on a month by month
basis, payable simultaneously with the execution of the Agreement.
4. PROPERTY CONDITION: Lessor hereby acknowledges that the
property shall be used as a model and at lease termination agrees to accept said
property in a good condition, i.e. carpets will be cleaned and any damaged tiles
will be replaced. Lessee shall maintain, repair and replace, as needed, all
furniture and accessories owned by Lessor.
5. UTILITIES/EXPENSES: Lessee shall be responsible for the
payment of all expenses, including without limitation, homeowners' association
dues, utilities and insurance. Lessee shall not be responsible for real estate
taxes.
6. USE OF PREMISES: Lessee will use the premises as a Model
for purposes of showing and selling other houses in the Community.
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7. INSURANCE: Lessee shall add Lessor as additional insured on
liability and property damages insurance policies. Lessee shall bear cost of all
deductibles in the event of any damages. Lessee shall provide Lessor with a
certificate of insurance from Lessee's insurance company verifying the coverage
and the addition of Lessor as an additional insured under the policies.
8. ATTORNEYS FEES AND COSTS: In connection with any litigation
arising out of this Agreement, the prevailing party shall be entitled to recover
all costs incurred, including reasonable attorneys' fees, including without
limitation, fees incurred in trial, appellate and bankruptcy proceedings.
9. ORDINANCES AND STATUES: Lessee shall comply with all
statutes, ordinances, and requirements of all municipal, state and federal
authorities now in force or which may hereafter be in force, pertaining to the
use of the premises.
10. RESERVED RIGHTS: Lessor reserves the following rights,
to-wit: To enter the premises, or any part thereof, at all reasonable hours for
inspection, repairs, alterations; to exhibit the premises to prospective Lessees
and /or purchasers; to enter the premises for any purpose whatsoever related to
the safety, protection preservation or improvement of the premises of the
building; and to retain and use pass keys to the premises; provided, however,
that arrangements for such entry shall be made in advance. The exercise of the
reserved rights of the Lessor shall never be deemed an eviction or disturbance
of Lessee's peaceable use and possession of the premises and shall never render
Lessor liable in any manner to Lessee or to any other person in the premises.
Lessor reserves the right to sell the subject property; however, in the event of
such sale, Lessor, his assigns, successors and/or heirs agree to honor all the
terms and covenants of this Lease Agreement for the duration of this Lease
Agreement.
11. INDEMNIFICATION: Lessor shall not be liable for any damage
or injury to Lessee, or any person or to any property occurring on the premises,
or any part thereof, or in common areas thereof. Lessee agrees to hold Lessor
harmless from any claims for damages no matter how caused, except for injury or
damages for which owner is legally responsible.
12. HOLD HARMLESS: Lessee agrees to hold Lessor harmless for
any damages occurring on or to the property during the term of the agreement.
13. NOTICES: All notices and demands authorized or required to
be given the Lessee hereunder, may be served upon Lessee in person or by regular
mail and addressed to Lessee at the leased premises and shall be effective when
mailed or served. Copies of all notices to Lessor shall be sent to:
Attention: Xxxxx Xxxxx
C/O Centerline Homes, Inc.
00000 Xxxxx Xxxx
Xxxxx Xxxxxxx, XX 00000
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14. RIGHT OF LESSOR UPON DEFAULT: Upon failure to pay any
installment of rent or any part thereof when due, or if Lessee shall violate any
other term, condition, or covenant of the Lease, or if Lessee shall fail
promptly to take possession of or shall abandon the premises, Lessee shall be
deemed in default of this of this Lease. In such event, this Lease and all
rights of Lessee as tenants shall terminate but the Lessee shall remain liable
for the rent herein specified during the remaining term of the lease plus
Lessor's costs of repossessing the premises, including but not limited to all
costs and reasonable attorney's fees. The failure on the part of the Lessor to
re-enter or repossess the premises, or to exercise any of its rights hereunder
upon default, shall not preclude the Lessor from the exercise of any such rights
during the continuance of such default or upon any subsequent default.
Acceptance of past due rent will in no way act as a waiver of Lessor's right for
the enforcement thereof.
15. INTERPRETATION: In interpreting the Lease, all captions
and titles shall be disregarded, and when applicable, the singular of any word
shall mean or apply to the plural, and the masculine form shall mean and apply
to the feminine.
16. COVENANTS AND REPRESENTATIONS: All covenants and
representations herein contained are binding upon and shall inure to the benefit
of the heirs, executors, successors, administrators, and assigns of the Lessor
and Lessee. It is further agreed that neither Lessor, nor any agent or
representative of the Lessor has made any statement, promissory agreements,
verbally or in writing, in conflict with or enlarging the terms of this Lease.
17. HOLDING OVER: Should the Lessee occupy said premises after
the date of the expiration of this Lease with the consent of the Lessor, express
or implied, such possession shall be construed to be a tenancy for month to
month only, subject to all the conditions and restrictions of this Lease, and
the Lessee agrees to pay rent therefore at the rate prevailing at the time of
the expiration of said term.
18. ENTIRE AGREEMENT: This Lease constitutes the entire
agreement between the parties, and may not be modified unless in writing and
executed by the parties.
19. TIME: Time is of the essence of this Agreement. ----
WITNESS our hands and seals on the day and year written below.
Signed and sealed in LESSOR:
The presence of:
By:
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C.V.M.H. Inc.
LESSEE:
OH INVESTMENTS, INC.
By:
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NOTARY PUBLIC
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