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EXHIBIT 10.6
Affiliated Networks
Incorporated
March 16, 1998
Mr. Xxxx Xxxxx
Coconut Grove Bank
0000 X. Xxxxxxxx Xxxxx
Xxxxxxx Xxxxx, XX 00000
HAND DELIVERED
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Re: - Affiliated Networks, Inc. Suites 403 & 310
Dear Xxxx:
This letter is to advise you that as of September 30, 1998 our lease will be
expiring with you. It is our intention to stay in the building as long as you
will have us as tenants. Therefore, we respectfully request that you extend our
lease for an additional two years under the existing terms and conditions as
found in our existing lease.
Thank you for your immediate attention to this matter.
Sincerely,
/s/ Xxxxx X. Xxxxxxxx
Xxxxx X. Xxxxxxxx
President
3/17/98
Approved
/s/ X. X. Judge
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Coconut Grove Bank
0000 Xxxxx Xxxxxxxx Xxxxx
Xxxxx, Xxxxxxx 00000
Telephone 000-0000
Fax 000 000-0000
Telex # 518939 COGROBANK
================================================================================
X.X. Judge
Building Manager
26 November 1996
Affiliated Networks, Inc.
Suite #403
Coconut Grove Bank Building
0000 Xx. Bayshore Drive
Miami, Fl. 33133
Dear Xxxxx:
Pursuant to your letter of November 22, 1996 concerning the rental of Suite
#310, Coconut Grove Bank is in agreement with the exception of Item #2 relative
to the removal of the wall separating the reception area.
If you are in agreement with the amended proposal, please indicate so by signing
in the space provided below.
Your present lease dated August 31, 1993 will be amended to include an
additional 648 square feet located in Suite #310 effective January 1, 1997. All
other terms and conditions of the Lease will remain unchanged.
Sincerely,
/s/ X.X. Judge
X.X. JUDGE
/s/ Xxxxx X. Xxxxxxxx
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AFFILIATED NETWORKS, INC.
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COCONUT GROVE BANK
BUILDING LEASE AGREEMENT
THIS AGREEMENT, entered into this 31st day of
LANDLORD August, 1993, A.D., between COCONUT GROVE BANK, a Florida
Banking Corporation, hereinafter referred to as "Landlord,"
and FLORIDA MARINE MANAGEMENT, INC. hereinafter referred
TENANT to as "Tenant."
W I T N E S S E T H:
THAT THE Landlord does this day lease unto
Tenant that certain space (approximately 2281
square feet), as shown outlined on the plan attached
PREMISES hereto as Schedule "A" on the Fourth (4th) floor of the
building, hereinafter referred to as "Building," known
as COCONUT GROVE BANK BUILDING located at 0000 Xxxxx
Xxxxxxxx Xxxxx, Xxxxx, Xxxx Xxxxxx, Xxxxxxx, to be used
and occupied by tenant as administrative offices and for
no other purposes or uses whatsoever.
TERM TO HAVE AND TO HOLD said premises for the term of three
(3) years, beginning October 1, 1993 and ending
September 30, 1993 at and for the agreed total base
rental of SEE ATTACHED RENTAL SCHEDULE "B" Dollars
BASE RENTAL ($____________), payable as follows: Equal monthly payments
of _______________________________ Dollars ($__________),
plus applicable sales taxes and additional rent as
$___________ as provided herein, if any. All payments are to
be made in legal tender of the United States of America to
COCONUT GROVE BANK on the first day of each and every month
in advance without demand
SEE ATTACHED SCHEDULE "A" - FLOOR PLAN
SCHEDULE "B" - RENTAL RATE
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at "Building" Manager's office, 0000 Xxxxx Xxxxxxxx
Xxxxx, Xxxxx Xxxx Xxxxxx, Xxxxxxx, or such other place
as Landlord may designate in writing, the first such
monthly rental payment to be made simultaneously with
the execution of this lease. IT IS FURTHER STIPULATED
AND COVENANTED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
COMMENCEMENT The lease period shall begin when improvements for
Tenant, in accordance with specifications agreed upon in
writing by Landlord and Tenant, which are the
responsibilities of the Landlord, are complete and the
offices ready for occupancy. Rent payments shall not be
delayed due to the fault of the Tenant or failure to
complete improvements ordered by the Tenant for its own
use. If the term of this lease shall begin during a
calendar month, then the rent for such portion of the
particular calendar month at the beginning of the term
shall be apportioned and paid on the basis of a month of
thirty (30) days. Any credit due Tenant as a result of
such apportionment and its payment of the first monthly
payment shall be credited against the second monthly
payment.
SECURITY Tenant, concurrently with the execution of this lease,
has deposited with the Landlord, unless otherwise
expressly stated herein, a sum equal to one monthly
rental payment exclusive of sales tax, the receipt of
which is hereby acknowledged by Landlord, which sum
shall be retained by Landlord as security for the
payment by Tenant of the rents herein agreed to be paid
by Xxxxxx and for the faithful performance by Tenant of
the terms and covenants of this lease. It is agreed that
Landlord, at Xxxxxxxx's option, may at any time apply
said sum or any part thereof toward the payment of the
rents and all other sums payable by Tenant under this
lease, and towards the performance of each and every
Tenant's covenants under this lease, but shall thereby
be discharged only pro tanto: That Tenant shall remain
liable for any amounts that such sum shall be
insufficient to pay; that Landlord may exhaust any or
all rights and remedies against Tenant before resorting
to said sum, but nothing herein contained shall require
to be deemed to require Landlord, so to do; that, should
this lease be faithfully performed by Tenant, this
deposit shall be returned by Landlord to Tenant within
ten (10) days after the expiration of the term of this
lease. Landlord shall not be required to pay Tenant any
interest on said security deposit. Landlord shall not be
required to hold said security funds in a segregated
account.
BUILDING ACCESS Building will be open to the public Monday through
Friday of each week from 7:00 A.M. until 10:30 P.M.
Entrance is available at both the first and second floor
levels with the following exceptions. The second floor
entrance will be open and under the control of a
uniformed security guard from 5:30 P.M. until midnight,
Monday through Friday; and on Saturdays and Sundays from
9:00 A.M. until 5:00 P.M. The entrance on the first
floor will be closed from 6:00 P.M. until 6:30 A.M. and
all day on Saturday and Sunday. All persons entering the
building during the time that the building is under
security guard will have to show identification and sign
the Visitor's Log under the supervision of the security
guard. All persons leaving the building while the
building is under the control of the security guard will
have to sign out. Tenant may arrange to open building
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beyond the above hours by giving twenty-four (24) hours
advance written notice to the Building Manager and
payment to Landlord of the cost of additional security
guard service. At all times other than stated above,
including Sundays and holidays and the Monday following
Christmas and New Years, when Christmas and New Years
fall on Sunday, the Building will be under ADT
electronic surveillance and closed to all persons. The
above-referenced holidays are: Christmas Day, New Year's
Day, Memorial Day, Fourth of July, Labor Day and
Thanksgiving Day. When Christmas Eve and New Year's Eve
fall on a week day the building will close at 5:00 P.M.
When Christmas Eve and New Year's Eve fall on Saturday
or Sunday the building will be closed to all persons on
those days.
It shall be the responsibility of the Tenant to arrange
for all of its employees and/or invitees to be out of
the building prior to the building being placed under
ADT electronic surveillance. Landlord shall have no
responsibility to any Tenant, Xxxxxx's employees or
invitees in the event said party or persons should fail
to leave the building prior to the time the ADT
electronic surveillance is placed in effect and Xxxxxx
agrees to indemnify and save harmless Landlord from any
claim or suit against Landlord in such event.
Landlord reserves the right to issue identification
passes and require the same for admission to the
building while under security guard. It is expressly
understood by Tenant that guard and/or ADT service is
provided for the protection of the banking facilities
located in the Building. Landlord shall have no
responsibility to Tenant to provide such service and may
discontinue same at any time. Landlord shall have no
responsibility to Tenant, its employees and/or invitees
for loss or damage to person or property caused by
theft, vandalism, or other cause or causes.
SERVICES FURNISHED Landlord will furnish Tenant, while occupying the
BY LANDLORD premises, water - cold and refrigerated - at those
points of supply provided for general use of its
Tenants, electricity for lighting and office use,
lavatory and toilet facilities, automatic self-operated
elevators, reasonable cleaning services once each day,
Monday through Friday (except Holidays as above defined)
(Provided that the premises are kept in order by Tenant
and that same are available for cleaning after 5:30 P.M.
of each day) and air conditioning (cooling) from 7:00
A.M. to 8:00 P.M. on weekdays and from 9:00 A.M. to 5:00
P.M. on Saturdays and Sundays. If Tenant requires air
conditioning at other hours, written notice twenty-four
(24) hours in advance shall be given by Tenant to
Landlord and Tenant will be billed for such use at the
rate of Twenty Five Dollars ($25.00) per hour. The
Tenant will not install or maintain electrically
operated equipment or other machinery except light
office machines normally used without first obtaining
the written consent of the Landlord and such consent of
Landlord may be conditioned upon payment by Tenant of
additional rent. Any electrical or computer equipment
which, together with Xxxxxx's other electrically
operated equipment, requires in excess of 20 ampere -
220 volt service shall not be installed without the
prior written approval of the Landlord (this also
includes photo processing and printing equipment).
Likewise, if any Tenant requires excess use of water,
such use shall be conditioned upon written consent of
the Landlord and additional rent as compensation for
such excess use. Failure by Landlord to any extent to
furnish, or any stoppage of, these defined services
resulting from causes beyond the control of Landlord
shall not render Landlord liable in any respect for
damages to either person or property, nor be construed
as an eviction of Tenant, nor work any abatement of rent
nor relieve Xxxxxx from fulfillment of any covenant or
agreement hereof.
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Should any equipment or machinery break down or for any
cause cease to function properly, Landlord shall use
reasonable diligence to repair the same promptly but
Tenant shall have no claim for rebate of rent or damages
on account of any interruptions in service occasioned
thereby or resulting therefrom.
Any charges against Tenant by Landlord for additional
services or work done by order of the Tenant, or
otherwise accruing under this lease, shall be considered
as rent due and shall be included in any lien for rent.
PARKING In addition to the premises described herein, the Tenant
shall be entitled to the use of seven (7) parking spaces
on the premises (which includes parking area on 27th
Avenue), the location of which shall be assigned by the
Landlord. If there are unassigned spaces in the
designated employee parking areas, the same may be used
by the Tenant until assigned specifically by the
Landlord to another Tenant. Tenant acknowledges that
there will be designated an area of visitor parking and
agrees not to park in said area so designated or permit
any of its employees to park in said area or areas.
Parking in front of the building on the East side and on
the North side of the second level parking area will be
limited to fifteen (15) minutes and/or thirty (30)
minutes, as marked. These areas will be patrolled and
cars subject to violation will be towed away at car
owner's or operator's expense. The aforesaid parking is
provided for the convenience of Tenants and guests or
customers of Tenants and shall be used at the risk of
Tenants, its guests or customers. The Landlord accepts
no responsibility for injury, damage or loss of any
automobiles, while in the parking facility provided for
the Tenant in connection with the premises. Persons
using the parking facility and adjacent area thereto use
same at their own risk, and the Landlord accepts no
responsibility whatsoever for any injury to any person
in the parking facility or any other part or portion of
the premises, office building, or any adjacent area
thereto, whether under the control of the Landlord or
some third party. The Landlord accepts no responsibility
for the regulation of the parking area nor for persons
who improperly park automobiles in spaces assigned to
another Tenant or operate automobiles in an improper
manner. Landlord is under no obligation to provide a
parking attendant or doorman, and is under no obligation
to provide security for automobiles parked in the
parking facility.
ASSIGNMENT OR Tenant will not assign this lease or allow the same to
SUBLETTING be assigned by operation of law or otherwise, or sublet
the demised premises, or any part thereof, or use or
permit the same to be used for any other purpose than as
above stipulated unless authorized by Landlord.
REPAIRS AND Tenant will, at Tenant's own cost and expense, repair or
RE-ENTRY replace any damage or injury done to the building, or
any part thereof, caused by Tenant or Tenant's agents,
employees, invitees, or visitors. If Tenant fails to
make such repairs or replacements promptly, or within
fifteen (15) days of occurrence, Landlord may, at its
option., make such repairs or replacements and Tenant
shall repay the cost thereof to Landlord on demand.
Tenant will not commit or allow any waste or damage to
be committed on any portion of the demised premises, and
shall, at the termination of
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this lease, by lapse of time or otherwise, deliver up
said premises to Landlord in as good condition as at
date of possession of Tenant, ordinary wear and tear and
damage by fire or windstorm alone excepted, and, upon
such termination of lease, Landlord shall have the right
to re-enter and resume possession of the demised
premises.
ALTERATIONS Tenant will not make or allow to be made any alterations
ADDITIONS or physical additions in or to the demised premises
OR IMPROVEMENTS without written consent of Landlord first had and
obtained. Any and all such alterations, physical
additions or improvements when made to the demised
premises by Tenant shall be at the Tenant's cost and
expense. Any and all such alterations, physical
additions or improvements except removable fixtures or
furniture of the Tenant shall at once become the
property of the Landlord and shall be surrendered to the
Landlord upon the termination in any manner, of this
lease.
LAWFUL USE Tenant will not occupy or use, or permit any portion of
AND the demised premises to be occupied or used for any
VIOLATIONS OF business or purpose which is unlawful in part or in
INSURANCE COVERAGE whole or deemed to be disreputable in any manner, or
extra hazardous, or permit anything to be done which
will in any way increase the rate of insurance on said
building and/or its contents.
LAWS AND Tenant will keep and maintain the demised premises in a
REGULATIONS clean and healthful condition and comply with all laws,
ordinances, orders, rules and regulations (State,
Federal, Municipal and other agencies or bodies having
any jurisdiction thereof, including rules, orders and
regulations of the Southeastern Underwriters Association
for the prevention of fires), with reference to use,
conditions or occupancy of the demised premises.
RULES Tenant and Tenant's agents, employees, invitees and
OF BUILDING visitors will comply fully with all requirements of
rules of the building which are attached hereto and made
a part hereof as though fully set out herein. Landlord
shall at all times have the right to change such rules
and regulations or to amend them in any reasonable
manner as may be deemed advisable by Landlord for the
safety, care and cleanliness of the demised premises and
for preservation of good order therein, all of which
changes and amendments will be sent by Landlord to
Tenant in writing and shall be thereafter carried out
and observed by Xxxxxx.
ENTRY FOR REPAIRS Tenant will permit Landlord or its officers, agents or
AND representatives the right to enter into and upon any and
INSPECTION all parts of the demised premises, at all reasonable
hours to inspect same or clean or make repairs or
alterations or additions as Landlord may deem necessary
or desirable and Tenant shall not be entitled to any
abatement or reduction of rent by reason thereof.
NUISANCE Xxxxxx will conduct his business, and control his
agents, employees, invitees and visitors in such a
manner as not to create any nuisance, or interfere with,
annoy, or disturb any other Tenant or Landlord in its
management of the building.
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CONDEMNATION In the event the whole or any part of the building
other than a part not interfering with the maintenance
or operation thereof shall be taken or condemned for any
public or quasi-public use or purpose, the Landlord may
at its option terminate this lease from the time title
to or right to possession shall vest in or be taken for
such public or quasi-public use or purpose, and the
Landlord shall be entitled to any and all income, rent,
awards or any interest therein whatsoever which may be
paid or made in connection therewith.
LOSS OR Landlord shall not be liable or responsible for any
DAMAGE loss or damage to any property or person occasioned by
theft, fire, act of God, public enemy, injunction, riot,
strike, insurrection, war, Court order, requisition or
order of governmental body or authority, or other matter
beyond the control of Landlord, or for any damage or
inconvenience which may arise through repair or
alteration of any part of the building or failure to
make any such repairs or from any cause whatever unless
caused solely by Landlord's negligence.
XXXX FOR RENT In consideration of the mutual benefits arising under
this contract, Xxxxxx does hereby pledge and assign unto
Landlord all property of Tenant now or hereafter placed
in or upon the demised premises (except such part of any
property as may be exchanged or replaced from time to
time in its ordinary course of operations), and such
property is hereby subjected to a lien in favor of
Landlord and shall be and remain subject to such lien of
Landlord for payment of all rents and other sums agreed
to be paid by Tenant herein. Said liens shall be in
addition to and cumulative of the Landlord's liens
provided by law.
ABANDONMENT If the Tenant 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 Landlord may, at
its option, forthwith cancel this lease or it may enter
said premises as the agent of the Tenant, by force or
otherwise, without being liable in any way therefor, and
relet the premises with or without any furniture that
may be therein, as the agent of the Tenant, at such
price and upon such terms and for such duration of time
as the Landlord may determine, and receive the rent
therefor, applying the same to the payment of the rent
due by these presents, and if the full rental herein
provided shall not be realized by Landlord over and
above the expenses to Landlord in such reletting,
including but not limited to the cost of renovating,
altering and decorating for a new occupant, the said
Tenant shall pay any deficiency, and if more than the
full rental is realized, Xxxxxxxx will pay over to said
Tenant the excess on demand; or Landlord may sue the
Tenant as each installment of rent matures or for the
whole rent when it becomes due.
HOLDING OVER In the case of holding over by Tenant after expiration
or termination of this lease, Tenant will pay as
liquidated damages, double rent for the entire holdover
period. No holding over by Tenant after the term of this
lease, either with or without consent and acquiescence
of Landlord, shall operate to extend the lease for a
longer period than one month; and any holding over with
the consent of Landlord in writing shall thereafter
constitute this lease a lease from month to month.
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FIRE CLAUSE In the event of damage by fire or other causes resulting
from fault or negligence of Tenant or Tenant's agents,
employees, invitees or visitors, the same shall be
repaired by and at the expense of Tenant under the
direction and supervision of Landlord. If the demised
premises, without fault or neglect of the Tenants his
agents, employees, invitees, or visitors, shall be
partially destroyed by fire or other casualty so as to
render the premises untenantable, the rental herein
recited shall cease hereafter until such time as the
demised premises are made tenantable by Landlord. In
case of the total destruction of the demised premises
without fault or neglect of the Tenant, his agents,
employees, invitees or visitors, or if from such cause
the same shall be so damaged that Landlord shall decide
not to rebuild, then all rental due up to the time of
such destruction or termination shall be paid by Tenant,
and thenceforth this lease shall cease and come to an
end. In the event of damage to the Demised Premises by
fire or other causes if the Demised Premises cannot be
restored within 120 days from the date of such damage,
Tenant, at Tenant's election, may terminate this Lease
and the rent shall be paid only to the date when such
damage occurred.
ATTORNEY'S FEES In case Tenant makes default in the performance of any
of the terms, covenants, agreements or conditions
contained in this lease, the Landlord places the
enforcement of this lease, or any part thereof, or the
collection of any rent due, or to become due hereunder,
or recovery of the possession of the demised premises in
the hands of an attorney, or files suit upon the same,
Xxxxxx agrees to pay Landlord reasonable attorney's fees
and Court costs, provided Landlord prevails; however, if
Tenant prevails, Landlord shall pay Tenant's reasonable
attorney's fees and Court costs.
INDEMNITY LIABILITY The Tenant will indemnify and hold harmless the Landlord
against all liabilities, damages, and other expenses,
including reasonable attorney's fees, which may be
imposed upon, incurred by, or asserted against the
Landlord by reason of any of the following occurring
during the term of this lease: (a) Any use or occupancy
of the leased property by Xxxxxx, (b) Any negligence on
the part of the Tenant or its agents, contractors,
licensees, (c) Any personal injury or property damage
occurring on or about the leased property. Landlord
shall not be liable to Tenant for any damage, loss or
injuries to persons or property of the Tenant which may
be caused by the acts or negligence of any person or
corporation, except such injury or loss resulting from
negligence of the Landlord, its agents or employees.
LIENS Tenant shall have no authority to create any liens
for labor or materials on landlord's interest in
building owned by Landlord and all persons contracting
with Tenant for labor, materials and/or supplies or the
doing of work shall look solely to Xxxxxx and Xxxxxx's
interest under this lease and said persons are hereby
charged with notice that they must look solely to
Xxxxxx's interest in the demised premises. In the event
any such lien is filed against the property of the
Landlord, Tenant shall forthwith discharge the same; if
not discharged by Tenant within thirty (30) days after
the filing of said lien, either by a satisfaction
thereof or by the posting of a bond, Xxxxxx's failure so
to do shall constitute a default under the terms of this
lease. Xxxxxx further agrees and will hold harmless
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Landlord from all costs, including bond premiums and
attorney's fees and/or other charges and expenses
reasonably incurred by Landlord in connection with the
discharge of any such lien or any judgment obtained
thereon. Any such expenses incurred by Landlord shall be
considered as rent due and payable on demand of
Landlord.
CERTIFICATE Upon the request of Xxxxxxxx, its mortgagee,
prospective purchaser or any Federal or State Bank
Examiner, Tenant shall furnish a Certificate in writing
to the effect that its lease is in full force and effect
and that Landlord is not in default, or specifically
state any exceptions thereto. Failure to give such
Certificate within two weeks after written request shall
be conclusive evidence that the lease is full force and
effect and Landlord is not in default. Tenant shall
thereafter be estopped from asserting any such defaults
as of the date of said request.
DEFAULT BY TENANT Xxxxxx agrees to pay promptly said rent and all other
charges that accrue under this lease. In the event that
Tenant should be in default thereof for a period of
seven (7) days after the same shall become due and
payable, Landlord shall have the option of: (1)
Terminating this lease and resuming possession of the
premises for its own account and recovering from Tenant
the damage between the rent specified in this lease and
the rental value thereof for the balance of the term,
reduced to its present worth; (2) Or, enter the premises
as agent of Tenant and rent the same for the remainder
of the term for the account of Tenant and recovery from
Tenant either at the end of the term or as each payment
becomes due, as Landlord may choose, the difference
between the rent called for in this lease and the rent
received on re-renting.
Default on Tenant's part in keeping or performing any
other term, covenant, or condition of this lease, shall
authorize Landlord, at its option at any time after such
default, and after ten (10) days' written notice thereof
to Tenant, immediately, or at any time thereafter, to
re-enter said premises and remove all persons therefrom
with or without legal process, and without prejudice to
any of its other legal rights, and all claims for
damages by reason of such re-entry are expressly waived,
as also are all claims for damages by reason of any
distress warrants or proceedings by way of sequestration
which Landlord may employ to recover said rents, or
possession of said premises, and Landlord shall have the
options set forth in the preceding paragraph pertaining
to a default in payment of rents, provided that Landlord
shall not have the right to re-enter if, within ten (10)
days after written notice of any default, Tenant fully
cures all defaults.
WAIVER Failure of Landlord to declare any default immediately
upon occurrence thereof or delay in taking action in
correction therewith shall not waive such default, but
Landlord shall have the right to declare any such
default at any time and take such action as might be
lawful or authorized hereunder, either in law or in
equity.
POSSESSION If, for any reason, the demised premises shall not be
ready for occupancy by Tenant at the time of
commencement of this lease,
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this lease shall not be affected thereby, nor shall
Tenant have any claim against Landlord by reason
thereof, but no rent shall be payable for the period
during which the premises shall not be ready for
occupancy; and all claims for damages arising out of
such delay are hereby waived and released by Xxxxxx.
BANKRUPTCY If, voluntary bankruptcy proceedings be instituted by
Xxxxxx, or if proceedings be instituted by any one else
to adjudge Tenant a bankrupt, or if Xxxxxx makes an
assignment for the benefit of his creditors or if
execution be issued against him, or if the interest of
Tenant in this contract passes by operation of law to
any person other than Tenant, this lease may, at the
option of Landlord, be terminated by written notice
addressed to Tenant and mailed in the post office at
Miami, Florida.
TRANSFER OF Landlord shall have the right to transfer and assign, in
LANDLORD'S whole or in part, all and every feature of its rights
RIGHTS and obligations hereunder and in building and property
referred to herein. Such transfers or assignments may be
made either to a corporation, trust company, individual
or group of individuals, and, howsoever made, are to be
in all things respected and recognized by Xxxxxx.
AMENDMENT OF This agreement may not be altered, changed, or amended,
LEASE except by an instrument in writing, signed by both
parties hereto.
SUBORDINATION This lease is hereby made expressly subject and
subordinate at all times to any and all mortgages, deeds
of trust, ground or underlying leases affecting the
demised premises which have been executed and delivered,
or which may at any time hereafter be executed and
delivered, and any and all extensions and renewals
thereof and substitutions therefor, and to any and all
advances made or to be made under or upon said
mortgages, deeds of trust, ground or underlying leases.
Tenant agrees to execute any instrument or instruments
which the Landlord may deem necessary or desirable to
effect the subordination of this lease to any or all
such mortgages, deeds of trust, ground or underlying
leases and, in the event the Tenant shall refuse after
reasonable notice to execute such instrument or
instruments, the Landlord may, in addition to any right
or remedy accruing hereunder, terminate this lease
without incurring any liability whatever, and the estate
hereby granted is expressly limited accordingly. TIME OF
THE ESSENCE 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.
PEACEFUL Tenant shall and may peaceably have, hold and enjoy the
ENJOYMENT demised premises subject to the other terms hereof and
provided Tenant pays the rentals herein recited and
performs all of its covenants and agreements herein
contained.
NO REPRESENTATIONS Landlord or its agents have made no representations or
BY LANDLORD promises with respect to the said building, the land
upon which it is erected or demised premises except as
herein expressly set forth and no rights, easements or
licenses are acquired by Tenant by
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implication or otherwise except as expressly set forth
in the provisions of this lease. The taking possession
of the demised premises by Tenant shall be conclusive
evidence, as against Tenant, that Xxxxxx accepts same
"as is" and that said premises and the building of which
the same form a part were in good and satisfactory
condition at the time such possession was so taken.
SURRENDER OF PREMISES Tenant shall surrender to Landlord, at termination of
this lease and/or upon any cancellation of this lease,
said demised premises. In the event the Tenant should
fail to surrender said premises upon termination of this
lease, Tenant will pay to Landlord any damages that
Landlord might incur on account of Xxxxxx's failure to
deliver possession of the demised premises to Landlord
and will indemnify and hold harmless Landlord from any
and all claims made by any succeeding Xxxxxx of said
premises on account of delay of Landlord in delivering
premises to said succeeding Tenant, to the extent such
delay is occasioned by Xxxxxx's failure to surrender
said premises. This right of Landlord against Tenant is
in addition to the holdover provisions hereinbefore set
forth in this lease.
If Tenant should fail to remove all of its personal
property upon termination of lease, Landlord may, at its
option, remove same in any manner the Landlord shall
choose and store such effects without liability to the
Tenant for loss, and the Tenant agrees to pay to the
Landlord on demand, all expenses incurred in such
removal, including Court costs and attorney's fees, or
the Landlord may, at its option, without notice, sell
such effects or any part, at private sale without legal
process for such price as the Landlord may obtain and
apply the proceeds of such sale or any amounts due under
this lease from the Tenant to the Landlord and on the
expense incident to the removal and sale of said
effects.
CAPTIONS The Captions are inserted only as a matter of
convenience and for reference and in no way define,
limit or describe the scope of this lease nor the intent
of any provision thereof.
HEIRS The covenants, conditions and agreements contained in
AND ASSIGNS this lease shall bind and inure to the benefit of
Landlord and Xxxxxx and their respective heirs,
distributees, executors, administrators, successors,
and, except as otherwise provided in this lease, their
assigns.
NO BROKER Tenant warrants and represents that it dealt with no
Real Estate Broker in the negotiation of this lease and
Landlord, in executing this lease, is relying upon such
representation.
NOTICES It is understood and agreed between the parties hereto
that written notice addressed to Xxxxxx and mailed or
delivered to the premises leased hereunder shall
constitute sufficient notice to the Tenant, and written
notice addressed to Landlord and mailed or delivered to
the office of Landlord shall constitute sufficient
notice to the Landlord, to comply with the terms of this
lease.
CUMULATIVE The various rights, remedies, powers and elections of
REMEDIES Landlords reserved, expressed or contained in this
lease, are cumulative
-10-
13
and no one of them shall be deemed to be exclusive of
the others or of such other rights, remedies, powers,
options or elections as are now, or may hereafter be,
conferred upon Landlord by law.
PRONOUNS AND GENDER The terms Landlord and Tenant, as herein contained,
shall include singular and/or plural, masculine,
feminine, and/or neuter, theirs, successors, executors,
administrators, personal representatives and/or assigns
wherever the context so requires or admits and use of
and neuter gender includes all genders, wherever the
context so requires.
RELOCATION Landlord shall have the sole right to relocate any
OF TENANT Tenant, having one thousand square feet or less, to
comparable space in the building, upon giving the Tenant
ninety days prior written Notice.
-11 & 12-
14
SHOWING PREMISES At anytime, within thirty days before the expiration of
this lease, Landlord or its agents shall have the right
to enter the premises during reasonable hours to exhibit
said premises to prospective tenants.
OPTION TO RENEW Landlord grants Tenant the first right of refusal to
renegotiate a new lease, commencing at the expiration of
the original term, provided Tenant shall not be in
default under the terms of this lease, and shall give
written notice of sixty (60) days before the expiration
of this lease.
COCONUT GROVE BANK, Landlord
/s/ X. X. Judge By: /s/ (illegible signature) (Seal)
----------------------------------- -----------------------------------
Date: 9/8/93
---------------------------------- ---------------------------------
(Witness as to Landlord)
Tenant:
/s/ (illegible signature) By: /s/ Xxxxx X. Xxxxxxxx (Seal)
----------------------------------- -----------------------------------
Date: 8/31/93
---------------------------------- ---------------------------------
(Witness as to Tenant)
IN WITNESS WHEREOF, Xxxxxxxx and Xxxxxx have respectively signed and sealed this
lease as of the day and year first above written.
-13-
15
SCHEDULE "A"
FLOOR PLAN (DIAGRAM)
16
SCHEDULE "B"
RENTAL RATE
-----------
Suite 403, 1663 Sq. Ft.
FLORIDA MARINE MANAGEMENT, INC.
3 Year Lease with 2 Year Option
FIRST YEAR: October 1, 1993 to September 30, 1994
$15.00 per sq. ft.
$24,945.00 per annum, plus tax.
SECOND YEAR: October 1, 1994 to September 30, 1995
$15.00 per sq. ft.
$24,945.00 per annum, plus tax.
THIRD YEAR: October 1, 1995 to September 30, 1996
$15.00 per sq. ft.
$24,945.00 per annum, plus tax.
OPTION PERIOD
-------------
FOURTH YEAR: October 1, 1996 to September 30, 1997
$16.00 per sq. ft.
$26,608.00 per annum, plus tax.
FIFTH YEAR: October 1, 1996 to September 30, 1997
$16.00 per sq. ft.
$26,608.00 per annum, plus tax.
