Exhibit 10.1
LEASE CONTRACT FOR COMMERCIAL USE
This Rental Agreement and/or Lease shall evidence the complete terms and
conditions under which the parties whose signatures appear below have agreed.
Landlord/Lessor, Xxxxxx Xxxxx shall be referred to as "LANDLORD" and
Tenant(s)/Lessee, Miami Days Corp. , shall be referred to as "RENTER." As
consideration for this agreement, LANDLORD agrees to rent/lease to RENTER and
RENTER agrees to rent/lease from LANDLORD for use solely as a business
residence, the premises located at Save Jovsica 9E, Zvezdara 11000 in the city
of Belgrade in Serbia.
1. TERMS: RENTER agrees to pay $1000.00 per month on the 1st day of each month.
This agreement shall commence on November 1st 2012 and continue until November
1st 2013 on a month-to-month tenancy until either party shall terminate this
agreement by giving a written notice of intention to terminate at least 30 days
prior to the date of termination.
2. PAYMENTS: Rent and/or other charges are to be paid as designated by the owner
as follows. All payments are to be made by check, money order or a wire
transfer, and cash shall be acceptable. LANDLORD expects receipt of the First
Month's rent of $1000 by October 15th 2012, and a Security Deposit of $1000 by
October 15th 2012, for a total payment of $2000. All payments are to be made
payable to Xxxxxx Xxxxx the LANDLORD.
3. SECURITY DEPOSITS: The total of the above deposits shall secure compliance
with the terms and conditions of this agreement and shall be refunded to RENTER
within 30 days after the premises have been completely vacated less any amount
necessary to pay LANDLORD; a) any unpaid rent, b) cleaning costs, c) key
replacement costs, d) cost for repair of damages to premises and/or common areas
above ordinary wear and tear, and e) any other amount legally allowable under
the terms of this agreement. A written accounting of said charges shall be
presented to RENTER within 7 days of move-out. If deposits do not cover such
costs and damages, the RENTER shall immediately pay said additional costs for
damages to LANDLORD.
4. LATE CHARGE: A late fee of $100, said amount not to exceed 10% of the monthly
rent, shall be added to any payment of rent made before the 7 day(s) after the
due date or for which a deficient (bounced) check shall have been given.
5. UTILITIES: RENTER agrees to pay all utilities and/or services based upon
occupancy of the premises except any Property and Land Taxes.
6. PARKING: When RENTER is assigned a parking area/space on LANDLORD'S property,
the parking area/space shall be used exclusively for RENTER's automobiles and/or
those approved vehicles listed on Business Owner's Application. RENTER is hereby
assigned or permitted to park only at the agreed area. The parking fee for this
space is $0.00 monthly. Said space shall not be used for the painting, or repair
of vehicles. No other parking space shall be used by RENTER. RENTER is
responsible for oil leaks and other vehicle discharges for which RENTER shall be
charged for cleaning if deemed necessary by LANDLORD.
7. NOISE: RENTER agrees not to cause or allow any noise or activity on the
premises which might disturb another RENTER and/or neighboring businesses. Said
noise and/or activity shall be a breach of this agreement.
8. PETS: No animal or pet of any kind shall be kept on or about the premises,
for any amount of time, without obtaining the prior written consent and meeting
the requirements of the LANDLORD.
9. DESTRUCTION OF PREMISES: If the premises become totally or partially
destroyed during the term of this Agreement so that RENTER'S use is seriously
impaired, LANDLORD or RENTER may terminate this Agreement immediately upon three
day written notice to the other.
10. CONDITION OF PREMISES: RENTER acknowledges that he has examined the premises
and that said premises, all furnishings, fixtures, furniture, plumbing, heating,
electrical facilities, all items listed on the attached property condition
checklist, if any, and/or all other items provided by LANDLORD are all clean,
and in good satisfactory condition except as may be indicated elsewhere in this
Agreement. RENTER agrees to keep the premises and all items in good order and
good condition and to immediately pay for costs to repair and/or replace any
portion of the above damaged by RENTER, his customers and clients, except as
provided by law. At the termination of this Agreement, all of above items in
this provision shall be returned to LANDLORD in clean and good condition except
for reasonable wear and tear and the premises shall be free of all business and
personal property and trash not belonging to LANDLORD. It is agreed that all
dirt, holes, tears, xxxxx, and stains of any size or amount on the upholstery,
drapes, walls, fixtures, equipment and/or any other part of the premises, do not
constitute reasonable wear and tear.
11. ALTERATIONS: RENTER shall not paint, alter or redecorate, change or install
locks, install antenna or other equipment, screws, fastening devices, large
nails, or adhesive materials, place signs, displays, or other exhibits, on or in
any portion of the premises without the written consent of the LANDLORD except
as may be provided by law.
12. PROPERTY MAINTENANCE: RENTER shall deposit all waste and garbage in a clean
and sanitary manner into the proper receptacles and shall cooperate in keeping
the garbage area neat and clean. RENTER shall be responsible for disposing of
items of such size and nature as are not normally acceptable by the garbage
hauler. RENTER shall be responsible for keeping the working kitchen area and
toilet drains free of things that may tend to cause clogging of the drains.
RENTER shall pay for the cleaning out of any plumbing fixture that may need to
be cleared of stoppage and for the expense or damage caused by stopping of waste
pipes or overflow from drains, sinks or wash basins.
13. CHANGE OF TERMS: The terms and conditions of this agreement are subject to
future change by LANDLORD after the expiration of the agreed lease period upon
30-day written notice setting forth such change and delivered to RENTER. Any
changes are subject to laws in existence at the time of the Notice of Change Of
Terms.
14. TERMINATION: After expiration of the leasing period, this agreement is
automatically renewed from month to month, but may be terminated by either party
giving to the other a 30-day written notice of intention to terminate. Where
laws require "just cause", such just cause shall be so stated on said notice.
The premises shall be considered vacated only after all areas including storage
areas are clear of all RENTER'S belongings, and keys and other property
furnished for RENTER'S use are returned to LANDLORD. Should the RENTER hold over
beyond the termination date or fail to vacate all possessions on or before the
termination date, RESIDENT shall be liable for additional rent and damages which
may include damages due to LANDLORD'S loss of prospective new renters.
15. POSSESSION: If LANDLORD is unable to deliver possession of the residence to
RENTERS on the agreed date, because of the loss or destruction of the residence
or because of the failure of the prior residents to vacate or for any other
reason, the RENTER and/or LANDLORD may immediately cancel and terminate this
agreement upon written notice to the other party at their last known address,
whereupon neither party shall have liability to the other, and any sums paid
under this Agreement shall be refunded in full. If neither party cancels, this
Agreement shall be prorated and begin on the date of actual possession.
16. INSURANCE: RENTER acknowledges that LANDLORD insurance does not cover
personal property damage caused by fire, theft, rain, war, acts of God, acts of
others, and/or any other causes, nor shall LANDLORD be held liable for such
losses. RENTER is hereby advised to obtain his own insurance policy to cover any
personal losses.
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17. RIGHT OF ENTRY AND INSPECTION: LANDLORD may enter, inspect, and/or repair
the premises at any time in case of emergency or suspected abandonment. LANDLORD
shall give 24 hours advance notice and may enter for the purpose of showing the
premises during normal business hours to prospective renters, buyers, lenders,
for smoke alarm inspections, and/or for normal inspections and repairs. LANDLORD
is permitted to make all alterations, repairs and maintenance that in LANDLORD'S
judgment is necessary to perform.
18. ASSIGNMENT: RENTER agrees not to transfer, assign or sublet the premises or
any part thereof.
19. PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed
as waiving any of the LANDLORD'S or RENTERS'S rights under the law. If any part
of this Agreement shall be in conflict with the law, that part shall be void to
the extent that it is in conflict, but shall not invalidate this Agreement nor
shall it affect the validity or enforceability of any other provision of this
Agreement.
20. NO WAIVER: LANDLORD'S acceptance of rent with knowledge of any default by
RESIDENT or waiver by LANDLORD of any breach of any term of this Agreement shall
not constitute a waiver of subsequent breaches. Failure to require compliance or
to exercise any right shall not be constituted as a waiver by LANDLORD of said
term, condition, and/or right, and shall not affect the validity or
enforceability of any provision of this Agreement.
21. ATTORNEY FEES: If any legal action or proceedings be brought by either party
of this Agreement, the prevailing party shall be reimbursed for all reasonable
attorney's fees and costs in addition to other damages awarded.
22. REPORT TO CREDIT/TENANT AGENCIES: You are hereby notified that a nonpayment,
late payment or breach of any of the terms of this rental agreement may be
submitted/reported to a credit and/or tenant reporting agency, and may create a
negative credit record on your credit report.
23. ADDITIONS AND/OR EXCEPTIONS: None
24. NOTICES: All notices to RENTER shall be served at RENTER'S premises of
business and all notices to LANDLORD shall be served in person to the LANDLORD.
25. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between
LANDLORD and RENTER. No oral agreements have been entered into, and all
modifications or notices shall be in writing to be valid.
26. RECEIPT OF AGREEMENT: The undersigned RENTER has read and understood this
Agreement and hereby acknowledges receipt of a copy of this Rental Agreement.
Signature and Title for RENTER
/s/ Xxxxx Xxxxx, President
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Date 08/07/2012
LANDLORD'S Signature /s/ Xxxxxx Xxxxx
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Date 08.07.2012
(No representation is made as to the legal validity or the adequacy of any
provision in this Agreement. If you desire legal advice, consult your attorney.)
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