LEASE AGREEMENT
THIS
Lease made and entered into this 21st day of
April, 2009 by and between Wilshire Inter-Group, Inc. located at 000 Xxxx
Xxxxxxx Xxxx, 00, Xxx Xxxxx, Xxxxxx 00000 (hereinafter "LESSOR") and Irish Jet,
Inc. 000 Xxxx Xxxxxx Xxx., Xxx Xxxxx, Xxxxxx 00000 (hereinafter
"LESSEE").
WITNESSETH
Whereas
LESSOR is the owner of the commercial premises set forth in paragraph 1. below,
and whereas LESSEE desires to lease said premises for commercial purposes, and
LESSOR is agreeable to the same; now therefore, in consideration of the
foregoing recitals and the mutual covenants and conditions contained herein,
LESSOR hereby leases said premises to LESSEE, and LESSEE hereby leases said
premises from LESSOR, upon the following terms and conditions:
1.
PREMISES:
00000
Xxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000. Land lease includes, a
Restaurant, a Gas Station and a Dollar Store, and all of the equipment and
fixtures currently on the premises.
2. INITIAL
TERM: The term of the Lease shall be for a period of ( 2 ) twenty-nine
months, Beginning at 12:01 a.m. May 1, 2009 and ending at midnight on
November 30, 2011.
3.
RENT: LESSEE agrees to pay as rent during the term of this
Lease the total sum of $238,000,
payable as follows:
$8,500.00
per month for the next (2) fifteen months of the term, namely, from June 1, 2009
to November 30, 2011. The first month rent is waived due to improvement on the
property need and provided by Lessee.
Each such
monthly installment of rent reserved under this Lease shall be due and payable
in advance on the 1st
day of each and every month during
the term of this Lease, or any renewal of the same.
4.
ADDITIONAL
RENT: In addition to base monthly rent, LESSEE shall pay each month its
"proportionate share" of common area operating maintenance (CAM) expenses,
including but not limited to property taxes, insurance, landscaping, exterior
lighting, repairs &
maintenance. LESSOR estimates this cost to be $0.00
per square foot, per month. LESSOR reserves the right to raise (CAM) charges as
costs increase.
5.
SECURITY
DEPOSIT: LESSEE further agrees to pay LESSOR, as a Security Deposit for
the initial term of this Lease, a total of $1,000.00, payable in full, either
before or at the time this lease is executed. LESSOR may apply, without
notice, all or part of Lessee's Security Deposit to pay for (A) any sums due
under this Lease that LESSEE fails to pay within 10 days after they become due,
and/or (B) any damage to the premises arising from Lessee's
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negligence,
or other breach of legal duty, where LESSEE fails to arrange and pay for
repairing said damage within 10 days of its occurrence. If any portion of said
deposit is so used or applied, LESSEE shall, within 5 days after written demand
therefore, deposit cash with LESSOR in an amount sufficient to restore the
Security Deposit to its original amount, and Lessee's failure to do so shall be
a material breach of this Lease. At the expiration of this Lease, should LESSEE
comply with all terms and conditions of this Lease, and should LESSEE provide
LESSOR with a forwarding address in writing, the Security Deposit shall be
returned in full to LESSEE, without interest, within 30 days of LESSEE vacating
the leased premises.
6. ADVANCE RENT &
DEPOSIT: LESSEE shall pay LESSOR, either before or at the time this Lease
is executed, a total of $1,500.00,
representing Lessee's first month's rent in the amount of $ 0, plus Lessee's
Security Deposit in the amount of $1,000.00. By signing
this Lease, LESSOR hereby acknowledges receipt of said sums from LESSEE or
Lessee's agent. Any monies due shall be considered rent due and payable upon
presentation of said billing inclusive of utility charges, late fees, or daily
rent fees.
7. LATE CHARGE: All
sums due LESSOR from LESSEE under this Lease must be paid within 5 calendar days
from the date they first become due and owing and if not paid within 5 calendar
days, a late charge of 10% will be added to the total amount already owed. On
the 6th day after any sum is due, a late fee of $20.00 per day will accrue. This
fee will be charged in addition to the 10% late fee. Any additional outstanding
fees owed such as electrical, trash or sewer will be considered as rent monies
due and payable.
8. RETURNED CHECKS: A
$50.00 fee will be charged for all returned checks. The second time any of
LESSEE checks are returned unpaid, LESSOR will thereafter require all sums due
hereunder to be paid with cash or a cashiers check for the remainder of the
Lease term.
9. FINANCIAL
RESPONSIBILITY: LESSEE agrees to provide LESSOR, and/or the mortgage
holder of the leased premises, with a financial statement of the business using
said premises and/or a financial statement for each individual personally
responsible for the lease payment,
upon the request of either. Failure to do so within 10 days of a written
request may, at LESSOR'S option, be declared a material breach of this
Lease.
10. INSURANCE: LESSEE
agrees to maintain throughout the term of this Lease, and any renewal of the
same, public liability insurance, with a reputable insurance company, licensed
to
do business within the State of Pennsylvania and
acceptable to LESSOR, with limits of liability of not less than
$1,000,000.00 for personal injury or death, and not less than $1,000,000.00 for
property damage. All such insurance policies shall name LESSOR, and at LESSOR'S
request any mortgagee of LESSOR, loss
payee, as their respective interests may appear. Copies of all
such policies (or certificates evidencing the
existence and amounts of such insurance) shall be delivered to LESSOR by
LESSEE prior to LESSEE taking possession of the leased premises. Should any such
insurance policy expire or be canceled during the term of this Lease, LESSEE
shall provide LESSOR with renewals or replacement certificates
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at least
10 days prior to the expiration or cancellation of the original policies.
Failure to do so may, at LESSOR'S option, be declared a material breach of this
Lease. LESSEE shall also procure and maintain such policies of insurance of
LESSEE'S improvements, betterment's, fixtures and personal property as LESSEE
may desire, at LESSEE'S expense.
11. PARKING: at
will.
12. IMPROVEMENTS BY
LESSOR: In consideration of LESSEE'S execution of this Lease, LESSOR
agrees to make the following improvements on the
lease premises, and no others:
13. USE OF PREMISES: Both
parties hereto understand and agree that (A) the business LESSEE will be
conducting on the leased premises will be of a Restaurant, Retail Dollar Store
and Gas Station and general office use. (B) the leased premises shall only be
used for conducting said business. Any additional, different or other use of the
leased premises without the prior written consent of LESSOR shall constitute a
material breach of this Lease. LESSEE will submit a detailed explanation, in
writing, to LESSOR as to the nature of the business prior to LESSOR'S execution
of this Lease. LESSEE shall not use the premises for any illegal purpose, or in
violation of any zoning laws or property restrictions. LESSEE agrees to at all
times conduct his business in a reputable manner and to not hold any auctions,
liquidations, fire or bankruptcy sales without the prior written consent of
LESSOR, which consent shall not unreasonably be withheld.
14. ENVIRONMENTAL LAWS:
LESSEE shall strictly comply with any and all local, state and federal
environmental laws and regulations. In the event LESSEE violates any such laws,
LESSOR may terminate this lease. LESSEE shall remain liable for the cleanup of
any such violation and for any other costs, fines or penalties based upon such
violation.
15. MAINTENANCE AND
REPAIRS: LESSOR shall keep the foundation, outer walls and roof of the
premises and the common areas in good repair, except that LESSOR shall not be
liable for any repairs occasioned by the acts of LESSEE, its agents or
employees. LESSEE shall be responsible for maintenance and repair to the inside
of the premises, and including electrical, plumbing, machinery, hardware, doors,
windows, and painting. All such repairs shall be made with materials and
workmanship equivalent to the original. LESSEE shall be responsible for
extermination and pest control service to the premises. LESSEE agrees to repair
or pay LESSOR for all repairs necessitated by LESSEE'S (or LESSEE'S patrons,
staff, employees, invitees, or guests) negligence or other breach of legal duty.
None of the items set forth in this paragraph shall be construed as janitorial
services, which shall be provided by LESSEE at LESSEE'S expense.
16. LESSEE MAINTENANCE:
LESSEE will be responsible for any replacement or repairs necessitated by
LESSEE' s
negligence or mishandling of plumbing and sewer blockage or damage to sewer
lines and fixtures. It is also LESSEE'S responsibility to change air
conditioning filters approximately every thirty (30) days. If LESSEE neglects to
change the
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air
conditioning filters and damage occurs, LESSEE will be responsible for any
repairs or replacements necessary.
17. FORCE MAJEURE:
Whenever a day is appointed herein on which, or a period of time is appointed in
which, LESSOR is required to do or complete any act, matter or thing, the time
for the doing or completion thereof shall be extended by a period of time equal
to the number of days on or during which LESSOR is prevented from, or is
unreasonably interfered with, the doing or completion of such act, matter or
thing because of labor disputes, civil commotion, warlike operation, sabotage,
governmental regulations or control, fire or other casualty, inability to obtain
any materials, fuel or energy, the weather or other acts of God, or other causes
beyond LESSOR'S reasonable control.
18. UTILITIES: LESSOR
agrees to provide the premises with appropriate heating and cooling equipment.
LESSEE shall pay for its own electricity or pro rata share of electrical and
sewer. Should LESSEE'S business involve the use of electrical equipment other
than small low-voltage office machines, then LESSOR may, at its option, have a
separate power meter installed on the leased premises at LESSEE'S expense, and
xxxx LESSEE for the cost of the same as additional rent, due and payable with
LESSEE'S next rental payment, and failure of LESSEE to pay the same shall
constitute a material breach of this Lease.
19. CONDUCT OF BUSINESS:
LESSEE shall conduct its business in a first class manner, and shall keep the
premises, inside and out, in a neat, clean and orderly condition throughout the
term of this Lease. "First Class Manner" incorporates no rude and/or offensive
language, yelling, or any other distasteful behavior that is insulting to LESSOR
or other tenants. Such behavior, if repeated after written warning, will
constitute a material breach of this Lease.
20. COMPLIANCE WITH
LAWS: LESSEE shall comply with all federal, state, county, city,
municipal or others local laws, ordinances, rules and regulations pertaining to
the use of the premises.
21. INSPECTION: LESSEE
shall permit LESSOR, or its agents, to enter the Leased premises, in a
reasonable manner during normal business hours, for the purpose of inspection,
or showing the leased premises to prospective buyers, or to enable inspection by
federal, state or local authorities.
22. OUTSIDE STORAGE:
There shall be no outside storage of any materials,
equipment, vehicles, trailers or boats
unless LESSOR first approves LESSEE'S plot plan or visual rendering of
the storage facility, which plan shall become a part of this Lease. LESSEE shall
remove any of its items being stored outside without
LESSOR'S approval within 24 hours of written notice to do so; otherwise, LESSOR
will remove and dispose of those items and xxxx LESSEE for the
cost of such removal and disposal as additional rent, due and payable
with LESSEE'S next rental payment,
and failure of LESSEE to pay
the same shall constitute a material
breach of
this Lease.
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23. NUISANCE AND
WASTE: LESSEE shall not set up or carry on an unlawful business on or
about the leased premises, nor suffer, permit or maintain on or about the Leased
premises any nuisance, nor commit or permit waste upon the leased premises. Any
violation of this paragraph shall constitute a material breach of this
Lease.
24. TRASH: LESSEE shall
store all trash, refuse and garbage within or about the premises in commercial
containers of adequate size located out of sight of tenants and invitees in the
area. LESSEE may use the dumpster already there or may contract with a
commercial disposal service to empty its containers at least once per week if
has excessive amounts of garbage. Should LESSOR give LESSEE written notice to
clean up trash LESSEE shall do so within 24 hours of receiving such notice, or
LESSOR may, at its option, hire someone to clean up LESSEE'S trash, and xxxx
LESSEE for the cost of the same as additional rent, due and payable with
Lessee's next rental payment, and failure of LESSEE to pay the same shall
constitute a material breach of this Lease.
25. SIGNS: LESSEE shall
be erected or post any signs on or about the exterior of the leased premises
without first obtaining all licenses and permits and submitting architectural
renderings of the proposed signs to LESSOR and securing LESSOR'S consent to
erect or post the actual signs.
26. ALTERATIONS BY
LESSEE: LESSEE shall have the right to make such alterations or changes
to the interior of the leased premises as shall be desired for the proper and
efficient operations of the aforesaid business of LESSEE, provided however that
such alterations and changes to the interior of the leased premises shall be at
the sole cost and expense of LESSEE and with the advance written consent of
LESSOR which consent will not be unreasonably withheld and provided further that
no alterations or changes shall be made anywhere upon the leased premises unless
proper plans are drawn and approved, proper permits are obtained in advance, all
work is performed by a licensed contractor and all work shall comply with all
applicable building codes and zoning regulations and provided further that any
alterations or improvements so made shall become the property of LESSOR.
Additionally, any and all improvements made under this section are subject to
the provisions of paragraph 28 (Liens) and paragraph 37 {Mechanics Liens) below.
Moveable trade fixtures excepted, LESSOR reserves the right to approve all
contractors hired by LESSEE to make said alterations the commencement of any
alterations not in strict compliance with this paragraph shall constitute a
material breach of this lease.
27. WINDOW COVERINGS: At
Lessee's discretion.
28. LIENS: LESSEE agrees
to keep the premises free at all times from liens and or encumbrances for which
LESSEE or acting for or through it is responsible.
29. FIRE OR CASUALTY DAMAGE TO
PREMISES: In the event of fire or other casualty to the
premises:
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a) If
the premises are not rendered untenable in whole or in part, LESSOR shall
promptly, after receipt of insurance proceeds, repair the premises and the rent
shall not xxxxx.
b) If
the premises are rendered partially untenable, LESSOR shall promptly, after
receipt of insurance proceeds, repair the premises and rent shall xxxxx as to
the untenable part of the premises.
c) In
the premises are rendered totally untenable, LESSOR shall promptly, after
receipt of insurance proceeds, rebuild the premises and rent shall xxxxx. If
such occurs during the last two years of the lease, LESSOR may cancel this
lease.
The rent
abatement shall not apply if LESSEE has business interruption insurance. In the
event that the mortgage holder(s) require that insurance proceeds be used to
retire the debt, then LESSOR may cancel this lease.
30. CONDEMNATION OF
PREMISES/EMINENT DOMAIN: In the event any part of the premises is taken
by eminent domain the LESSOR shall be entitled to all damages awarded for
diminution of the fee and leasehold. If the whole property is taken this lease
shall terminate. If part of the property is taken but the premises included in
this lease is still tenable, LESSOR shall have the option to terminate this
lease or to continue the lease with the rent prorated and the LESSEE only liable
for the portion of the premises still usable.
31. ABANDONMENT OF
PREMISES: LESSEE shall not abandon or vacate the leased premises during
the term of this Lease. Should LESSEE abandon the premises, then LESSOR may
re-enter the premises without terminating this Lease and dispose, according to
law, of any personal property found thereon.
32. ASSIGNMENT AND
SUBLEASING: LESSEE shall not sublease or assign this lease or any or all
of the leased premises without LESSOR'S prior written consent of LESSOR. In the
event LESSEE is a corporation, and control thereof changes at any time, LESSOR
may declare such event a default under the lease.
33. TERMINATION OF LEASE:
LESSEE must, upon the expiration or the earlier termination of this Lease,
surrender to LESSOR the
leased premises, including all buildings, replacements, additions and
improvements constructed or placed thereon by lessee with the exception of
moveable trade fixtures. The premises shall be returned broom-clean, free of
sub-tenancies, and in good condition and repair, reasonable wear and tear
excepted. Any trade fixtures or personal property belonging to LESSEE or its
sub-tenants, if not removed within 5 calendar days of such termination, may be
stored or disposed of by LESSOR at Lessee's expense.
34. LESSEE'S
DEFAULT/REMEDIES: If LESSEE fails to pay any
rent or other sum set out herein when due, or if LESSEE fails to perform
any other provision of this Lease, and such failure
is not cured within 5 calendar days after written notice by LESSOR to
cure such failure or surrender the leased premises, then LESSEE shall be in
default of this Lease and
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LESSOR
may, at its option, and in addition to any other remedies afforded LESSOR by
law, declare this Lease terminated and have LESSEE removed according to law, or
re-enter the premises without terminating this Lease and hold LESSEE liable for
any and all unpaid rent reserved herein, less any rent received on re-renting
the leased premises to another.
In
addition to the conditions in the preceding paragraph, LESSEE shall be in
default under this lease upon the occurrence of any of the following additional
events:
a) Abandonment
of the premises or failure to actively operate the business for which the
premises were leased;
b) The
filing by or on behalf of LESSEE of any petition or pleading to declare LESSEE
bankrupt;
c) The
appointment by any Court of any receiver, trustee or custodian of the property
or business of LESSEE;
d) The
assignment of any of LESSEE'S property for the benefit of
creditors;
e) The
levy of execution, attachment or other taking of property of LESSEE in
satisfaction of any judgment or claim.
In the
event of any default by LESSEE, LESSOR may exercise any of the following
remedies:
a) To
terminate this lease and retake possession with or without process of
law;
b) To
retake possession of the premises for the account of LESSOR as LESSOR'S agent
for the remainder of the term or for such shorter period as shall be sufficient
in LESSOR'S judgment to cure the default, thereupon to reinstate LESSEE upon
such conditions as LESSOR shall determine to be sufficient to preclude further
default;
c) Without
terminating this lease, to demand immediate payment of the entire unpaid balance
of the rent;
d) To
retake the premises and to bring an action for damages caused by LESSEE'S
default;
e) To
exercise all the foregoing remedies cumulatively with each other and with all
other rights and remedies which LESSOR may have in law or in
equity.
35.
WAIVER OF BREACH: No
waiver of the breach of any term, covenant or condition provided
herein shall be deemed a waiver in respect to any or all other of subsequent
breaches of the same or any other term, covenant or condition of this
Lease.
36.
LESSOR'S
DEFAULT: LESSOR shall be in
default hereunder if it fails or refuses to perform any of its obligations hereunder and
such failure is not cured within 30 days after
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written
notice of such failure, after which time LESSEE may cure Lessor's default and
deduct the cost of curing
from LESSEE'S next rental payment upon furnishing LESSOR with an invoice for
said cost, provided, however, if such default cannot reasonably be cured within
30 days, LESSOR shall not be in default if LESSOR commences such cure within 30
days, and, completes the same within a reasonable period of time.
37. MECHANICS LIENS:
LESSEE shall have no power or authority to create any lien or permit any lien to
attach to the premises or on the building or other improvements thereon, and all
material,
workers, contractors, artisans, mechanics, laborers and other persons
contracting with LESSEE with respect to the premises or any part thereof, are
hereby charged with Notice that they must look to LESSEE to secure payment of
any xxxx for work done or material furnished or for any other purpose during the
term of this lease requested or ordered by LESSEE. If any such lien attaches, or
claim of lien is made against the leased premises or the building of which said
premises are a part, or on the land on which the building is erected and shall
not be released by payment, bond or otherwise within thirty (30) days after
notice thereof, LESSOR shall have the option of payment or discharging the same
and LESSEE agrees to reimburse LESSOR in full within ten (10) days of demand for
reimbursement. Failure to fully reimburse shall constitute a default on the part
of LESSEE.
38. HOLDOVER: If LESSEE
shall holdover after the expiration of the term of this Lease, or any extension
of the same, such tenancy shall be on a month-to-month basis, and on the same
terms, covenants and conditions as contained herein, without prejudice to any of
the
rights or remedies available to LESSOR by law or under this Lease, except
that the monthly rental rate shall be 115% of the monthly rental rate
immediately prior to the expiration of the lease.
39. INDEMNIFICATION:
LESSOR assumes no responsibility whatsoever for the conduct or operation of
LESSEE'S business on the leased premises or otherwise. LESSEE agrees to hold
LESSOR harmless for and
indemnify LESSOR from any and all liability and expense, LESSOR may incur
as a result of any accident or injury caused by the conduct or operation of
LESSEE'S business, including defense costs and attorney's fees.
40. BANKRUPTCY: If,
during the term of this Lease, LESSEE files a voluntary petition in Bankruptcy,
or is the subject of any involuntary petition in Bankruptcy, LESSEE shall accept
or reject this Lease, or any extension of the same, within the period provided
by law.
41. ATTORNEY'S FEES:
Should either party to this Lease bring an action to enforce any provision
contained herein, or to declare any rights hereunder, the prevailing party shall
be entitled to actual attorney's fees and costs.
42. RECORDING: This
lease shall not be recorded; however, LESSEE may record a short form memorandum
of the same, which, if
accurate, LESSOR agrees to execute
upon request.
43. OPTION TO EXPAND ON
SITE: N/A
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IN
WITNESS WHEREOF, the parties have executed this Agreement as of the 21st day of
April, 2009.
LESSEE
IRISH
JET, INC.
/s/
Xxxxxx
Xxxxxxx Ackelman
Print
Name: Xxxxxx Xxxxxxx Ackelman Title: President
LESSOR
WILSHIRE
INTER-GROUP, INC.
/s/ Xxxxxx
X. Xxxxx
Print Name: Xxxxxx X. Xxxxx Title:
President
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Addendum to Lease
Agreement
This
Addendum to the Lease agreement dated April 21, 2009 by and between Irish Jet,
Inc. a Nevada Corporation ("Lessee"), whose address is 000 Xxxx Xxxxxx Xxxx.,
Xxx 000, Xxx Xxxxx, Xxxxxx 00000, and Wilshire Inter-Group, Inc., a Nevada
Corporation ("Lessor") whose address is 000 Xxxx Xxxxxxx Xxxx., #0, Xxx Xxxxx,
Xxxxxx 00000.
LESSOR,
hereby agrees to give free access to the subject property and the first lease
payments of $8,500.00 shall not be due and payable until September 1,
2009
IN
WITNESS WHEREOF, the parties have executed this Agreement as of the 21st
day of April, 2009.
LESSOR
WILSHIRE
INTER-GROUP, INC.
/s/ Xxxxxx X.
Xxxxx
Print
Name: Xxxxxx X. Xxxxx Title: President
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