Exhibit 10
COMMERCIAL PROPERTY LEASE
This lease is made between Xxxxxxxx Xxxxx Xxxxxxx ("Lessor") and Xx Xxxxxx
Enterprises, Inc. ("Lessee") for the commercial retail property located at
Xxxxxxx Xxxxxxx 3221 Col. Xxxx Xxxxxxxx, Tijuana, B.C. 22350.
The space is leased for a term of one month, to commence on November 1, 2006 and
to continue from month to month thereafter until canceled upon 30 days prior
notice by either party. Lessee shall pay a deposit of $500 (Five Hundred Dollars
"U.S."). The monthly rental shall be $200.00 (Two Hundred Dollars "U.S.").
Lessee shall in addition pay such applicable sales/use taxes as may be levied
from time to time by competent authority in addition to the base rental. Lessee
shall pay rent, and any additional rental as provided below, to lessor at
lessor's above stated address, or at such other place as lessor may designate in
writing, without demand, and without counterclaim, deduction or setoff.
Lessee shall use and occupy the premises as a chocolatier and for no other
purpose. Lessor represents that the premises may be lawfully used for such
purpose. Lessee shall commit no act of waste and shall take good care of the
premises and the fixtures therein, and shall, in the use and occupancy of the
premises, conform to all laws, orders and regulations of the federal, state, and
municipal government of any of their departments. All improvements made by
lessee to the premises which are so attached to the premises that they cannot be
removed without material injury to the premises, shall become the property of
lessor upon installation.
Not later than the last day of the term lessee shall, at lessee's expense,
remove all of lessee's personal property and those improvements made by lessee
which have not become the property of the lessor, including trade fixtures,
cabinet work, movable paneling, partitions and the like; repair all injury done
by or in connection with the installation or removal of the property and
improvements; surrender the premises in as good condition as they were at the
beginning of the term, reasonable wear and damage by fire, the elements,
casualty, or other cause not due to the misuse or neglect by lessee or lessee's
agents, servants, visitors, servants or licensees, excepted. All property of the
lessee remaining on the property after the last day of the term of this lease
shall be conclusively deemed abandoned and may be removed by lessor, and lessee
shall reimburse lessor for the cost of such removal. Lessor may have any such
property stored at lessee's risk and expense.
Lessee shall not, without first obtaining the written consent of the lessor,
make any alterations, additions or improvements in, to or about the premises.
Lessee shall not do or suffer anything to be done on the premises which will
cause an increase in the rate of fire insurance on the building.
Lessee shall not permit the accumulation of waste or refuse matter on the leased
premises or anywhere in or near the building.
Lessee shall not, without first obtaining the written consent of the lessor,
abandon the premises, or allow the premises to become vacant or deserted.
Lessee shall not, without obtaining the written consent of the lessor, assign,
mortgage, pledge, or encumber this lease, in whole or in part, or sublet the
premises or any part of the premises.
Lessee shall observe and comply with such reasonable rules and regulations as
may be established from time to time by lessor.
If the building is damaged by fire or any other cause to such extent that the
cost of restoration, as reasonably estimated by lesssor, will equal or exceed
60% of the replacement value of the building, just prior to the occurrence of
the damage, then lessor may, no later that the seventh day following the damage,
give lessee a notice of election to terminate the lease. In the event of such
election this lease shall be deemed to terminate as of the date of the damage or
destruction, and lessee shall surrender the premises within a reasonable time
thereafter, and any pre-paid rent shall be refunded proportionally.
If the premises or any part of the premises, or any part of the building
materially affecting lessee's use of the premises, be taken by eminent domain,
this lease shall terminate on the date when title vests pursuant to such taking.
The rent shall be apportioned as of the termination date and any rent paid for
any period beyond such date shall be repaid to lessee.
This lease shall be subject and subordinate to all underlying leases and to
mortgages which may now or hereafter affect such leases or the real property of
which the premises form a part, and also all renewals, modifications,
consolidations, and replacements of the underlying leases and mortgages. Lessee
agrees to execute such estoppel letters or other documents required to confirm
the same.
Lessor may enter the premises at any reasonable time, upon adequate notice to
lessee (except that no notice need be given in case of an emergency) for the
purpose of inspection or the making of such repairs, replacements, or additions
in, to, on and about the premises or the building, as lessor deems necessary or
desirable.
Lessor shall make all necessary repairs to the premises, except where the repair
has been made necessary by misuse or neglect by lessee or lessee's agents,
servants, visitors or licensors.
This document represents the entire agreement of the parties and there are no
representations not stated herein, and this agreement may only be modified by a
writing executed by both parties hereto.
Dated: 9/15/06
/s/ Xxxxxxx Xxxxx Xxxxxxx
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Xxxxxxx Xxxxx Xxxxxxx ("Lessor")
/s/ Xxxxx de la Xxx
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Xx Xxxxxx Enterprises, Inc. ("Lessee") Xxxxx De La Xxx / President
