Exhibit 10.6
WAREHOUSE LEASE AGREEMENT
Made this 6th, by and between PREMIER EQUITY, INC., 0000 X.X. 00 Xxxxx,
Xxxxx XX 00000, hereinafter "LANDLORD and SENSE HOLDINGS, INC., AND DORE PERLER
Individually hereinafter "TENANT."
1. DESCRIPTION OF PREMISES: LANDLORD hereby leases to TENANT, subject to
TENANT'S performance of the promises and covenants herein, those certain
premises located at: 00000 XXXXXXXXX 00XX XX XXX"0",XXXXXXX,XXXXXXX 00000.
2. TERM OF LEASE: 1Year commencing on January 1, 2007, and ending on December
31st 2007. LANDLORD gives TENANT remainder of the month of December 2006 as
free rent for his move-in transition. TENANT is responsible for
3. BASE RENT: Rent shall be as follows: $963.00 per month plus applicable sales
and use tax of $57.78 per month for a grand total of $1020.78 due per month.
First Months Rent plus Sales Tax is due upon lease signing. Base rent is payable
in equal monthly installments, in advance, on the first day of each calendar
month during the term. All rent shall be paid at the office of the LANDLORD, or
at such other place designated by LANDLORD, without demand, deduction or
offset whatsoever. For lease agreements longer than a (1) year term, Commencing
year (2) and annually, and only within the time frame of this lease set above in
clause (2) TERM OF LEASE the base rent shall increase 5% per year. This 5% is
hereby defined and deemed as "additional rent" hereunder. TENANT shall pay to
LANDLORD the sales tax imposed by F.S. 212.031 (or by any successor statute)
upon the rent (presently 6%), along with and included in every monthly payment
of rent, and shall also be responsible for the payment of any and all personal
property taxes imposed by governmental authorities.
4.LATE PAYMENT PENALTY: TENANT agrees to pay a late charge fee of 10% of the
monthly rent payment for any payment received by LANDLORD after the 3rd day of
the month. This late charge fee is hereby defined and deemed "additional rent".
If any payment of rent, or "additional rent", is made by check, and the check is
dishonored for any reason, including but not limited to insufficient funds or
uncollected funds, TENANT shall reimburse LANDLORD with cash, or with an
official bank check in the amount of the dishonored check, plus a dishonored
check fee in the amount of 10%. This 10% dishonored check fee is hereby defined
and deemed as "additional rent" hereunder.
5. ACCORD AND SATISFACTION: No legend or memo on the front or back of any check,
and no letter, note or memo accompanying any check, and LANDLORD'S physical
acceptance (and endorsement and deposit, as the case may be) shall in any way
constitute an accord and satisfaction between the parties, a waiver or
forfeiture by LANDLORD, or a novation of this lease, when the amount tendered by
TENANT is less than the amount actually due under this lease.
6. SECURITY DEPOSIT: LANDLORD acknowledges receipt, subject to clearance, of
$2041.56 (equal to two months rent) Due upon signing (Bank check Only) this
lease as security for TENANT'S performance of its obligations hereunder.
Although LANDLORD is not obligated to apply the deposit towards rent, or charges
in arrears, or damages for TENANT'S failure to perform or otherwise breach this
Lease, LANDLORD may do so at its option. LANDLORD'S right to possession of the
premises for non-payment of rent, or for any other reason, shall not be affected
in any way by the fact that LANDLORD holds this security deposit. TENANT agrees
that if it fails to make any payment in accordance with the above schedule on a
timely basis, any money received by LANDLORD from TENANT shall first be applied
toward Security Deposit due and the balance shall then be applied towards rent
due, regardless of any legend or memo on the front or back of any check, and
regardless of any letter, note or memo accompanying any check.
7. USE: During the term of this Lease, the premises are to be used solely for
BUSINESS PURPOSES. Any other use of the premises by TENANT is not permitted
without the written consent of the LANDLORD. NO MECHANICAL WORK PERMITTED
OUTSIDE. NO OVERNIGHT PARKING.
8. CARE OF PREMISES: There is to be no smoking inside of the building, if for
any reason TENANTS smoking or TENANTS guests, invitees, employees, etc., smoking
were to damage paint or cause any odor, it is the TENANTS responsibility to
correct to its original state. TENANT accepts the premises in a good and
sanitary state of repair and shall fully maintain same in a good, clean, and
safe manner. TENANT shall not commit or allow to be committed any waste on or
near the premises, create or allow any nuisance to exist on or near the
premises, or use or allow the premises to be used for any unlawful purpose.
TENANT shall comply, at TENANT'S expense, with all governmental laws, statutes,
ordinances, or requirements now or which may hereafter be in force. SECONDARY
CONTAINMENT REQUIRED FOR ALL LIQUIDS STORED 6 GALLONS OR MORE.
Further, TENANT shall be responsible for all maintenance of the premises
(doors, wall openings, windows, air conditioning, electrical, (which also
includes replacement of light-bulbs, tube lighting, and emergency back-up lights
etc.,) plumbing, and mechanical and TENANT shall be responsible for any cost or
repair or replacement. Air conditioning filters are to be changed on a monthly
basis. Failure to change filters on a monthly basis will cause dust and debris
buildup and any resulting damages will be the TENANT'S responsibility. TENANT
acknowledges receipt of the articles enumerated on the attached contents list to
the lease and the covenants and agrees to assume full responsibility for same
and to replace all missing or damaged articles. TENANT will not change any paint
colors inside the unit. Any alterations must be approved in writing by LANDLORD
and reversed to the original colors before lease expiration. TENANT is
responsible for any glass in windows or door damage. TENANT shall also be
responsible for any costs associated with environmental regulation, maintenance,
or clean-ups arising out of TENANT'S use of the premises. It is further
understood and agreed that any charges against TENANT by LANDLORD for services,
labor, material, or work done on the premises at the request of TENANT or
otherwise accruing hereunder, shall be deemed and defined as "rent".
9. ACCEPTANCE AND SURRENDER: TENANT accepts the premises upon possession as
being in a good state of repair and in sanitary condition. TENANT shall
surrender the premises to LANDLORD at the end of the Lease term in the same
condition as when TENANT took possession. TENANT shall remove all business signs
or symbols placed on the premises by TENANT before redelivery of the premises to
LANDLORD, and restore the portion of the premises on which they were placed to
the same condition as before their placement. TENANT shall also surrender all
keys for the premises to the LANDLORD at the place TENANT is required to pay
rent, inform LANDLORD of all combinations on locks, safes, and vaults, if any,
in the premises and surrender to the LANDLORD the premises, including, without
limitation, all building apparatus and equipment then upon the premises, and all
alterations, improvements, and other additions which may be made or installed by
either party to, in, upon, or about the premises which shall be the property of
the LANDLORD. The failure to comply with any portion of this provision by TENANT
is acknowledged to be an improper surrender and material breach of this Lease.
10. PARTIAL DESTRUCTION OF THE PREMISES: Partial destruction of the premises
shall not render this lease void or void-able, or terminate it, except as herein
provided. If the premises are partially destroyed during the term hereof,
LANDLORD shall repair them when such repairs can be made in conformity with
local, state, and federal laws and regulations. If the building in which the
premises are located is more than one-quarter destroyed, LANDLORD may, at its
option, terminate the Lease, whether the premises are damaged or not. In any
event, TENANT shall have no claim against the LANDLORD or any condemning
authority, for the value of the unexpired term of this Lease.
11. EMINENT DOMAIN: Eminent domain proceedings resulting in the condemnation of
a part of the premises leased herein will not terminate this Lease, unless
LANDLORD, at its option, terminates by giving written notice of termination to
TENANT. Should such option not be exercised, the effect of such condemnation
will be to terminate the Lease as to the portion of the premises condemned, and
the Lease continues in effect as to the remainder of the premises. The TENANT'S
rental shall be prorated based upon the remaining square footage. All
compensation awarded in the eminent domain proceedings as a result of such
condemnation shall be the LANDLORD'S. Although TENANT shall not be precluded
from filing a Business Damage Action on its own, TENANT shall have no claim
against LANDLORD or the condemning authority for the value of the unexpired term
of this lease.
12. PERSONAL PROPERTY: All personal property placed or moved into
the premises shall be at the risk of TENANT or owner thereof, and LANDLORD shall
not be liable to TENANT or owner for any damages to said personal property
arising from the bursting or leaking of water pipes, roof leaks, or from any act
or negligence of any other TENANT, invitee, occupant of the building or any
other person whatsoever. LANDLORD shall not be liable for damages to TENANT'S
furniture or equipment resulting from theft, fire, flood, or any other
occurrence whatsoever.
13. EXCUSE OF OWNER'S PERFORMANCE: Anything in this agreement to the contrary
notwithstanding, providing such cause is not due to the willful act or neglect
of LANDLORD. LANDLORD shall not be deemed in default with respect to the
performance of any of the terms, covenants, and conditions of this Lease if
same shall be due to any strike, lockout, civil commotion, warlike operation,
invasion, rebellion, hostilities, military or usurped power, sabotage,
governmental regulations or controls, inability to obtain any material, service,
or financing, through an Act of God or other cause beyond the control of the
LANDLORD. LANDLORD shall not be liable for any damage or injury resulting from
the carelessness, negligence, or improper conduct on the part of any other
TENANT, agent, employee, invitee, occupant, or any other person
whatsoever.
14. LANDLORD'S RIGHT OF ENTRY: LANDLORD may enter the premises at any reasonable
time, for the purpose of inspection, or the making of repairs, replacements, or
additions in, to, on, or about the premises or the building as LANDLORD deems
necessary or desirable. TENANT shall have no claim or cause of action against
LANDLORD by reason of such entry.
15. INSURANCE:
(a) TENANT will not commit any act which results in the cancellation of any
policy of insurance affording coverage to the premises or building, or which
renders the insurance risk more hazardous.
(b) TENANT shall maintain, at its expense, at all times during the term
hereof, a comprehensive premises operations and broad-form general public
liability policy, insuring against loss and liability in connection with bodily
injury, death, and property damage in and upon the premises and common areas
used by TENANT, and arising out of the use of same by TENANT and its employees
and invitees, with limits of not less than Five Hundred Thousand Dollars
($500,000.00). It is agreed and understood that the policy required hereby shall
apply as the primary source of recovery, without regard to legal liability for
loss. The policy shall name LANDLORD as an additional insured. A duplicate of
said policy shall be promptly delivered to LANDLORD, and not less than 20 days
prior to the expiration of said policy, TENANT shall deliver to LANDLORD a paid
receipt for the renewal premium. If TENANT fails to perform its obligations
hereunder, LANDLORD may (but shall not be obligated to) perform same, and the
cost shall be "additional rent" immediately due and payable.
(c) LANDLORD shall maintain fire/hazard insurance coverage upon the building.
16. ASSIGNMENT AND SUBLETTING: TENANT shall not assign, convey, transfer,
mortgage, pledge, or encumber this Lease, in whole or in part, or sublet the
premises or any part of the premises, without first obtaining the express prior
written consent of LANDLORD, which consent may not be unreasonably withheld. In
the event LANDLORD consents to TENANT'S assignment of this Lease or subletting
of the premises, TENANT shall remain fully liable and shall not be released from
the performance of any of the terms, conditions, and covenants hereof.
17.DEFAULT: Upon the happening of one or more of the events as expressed below
in (a) to (i), inclusive, LANDLORD shall have, at its option, any and all rights
and remedies hereinafter set forth in Paragraph 18 ("Remedies for Default"):
(a) In the event TENANT should fail to timely pay any rent, including
"additional rent", or any other sums required to be paid hereunder, as and when
the same become due;
(b) In the event TENANT makes an assignment for the benefit of
creditors, files for voluntary bankruptcy, has a petition for bankruptcy filed
against it, is adjudicated bankrupt, or has a receiver appointed to take
possession of TENANT'S assets;
(c) In the event TENANT removes, attempts to remove, or permits the removal
from the premises, except in the usual course of trade, the goods, equipment,
or other property of TENANT brought thereon;
(d) In the event TENANT, before the expiration of the term hereof, and
without LANDLORD'S written consent, vacates or abandons the premises, or uses
same for purposes other than the purposes permitted hereunder, or ceases to use
the premises for the purposes permitted hereunder;
(e) In the event an execution or other legal process is levied upon all
the goods, furniture, effects, or other property of TENANT brought on the
premises, or upon the interest of TENANT in this lease;
(f) In the event TENANT fails to keep, observe, or perform any of the
material terms, conditions, or covenants on the part of TENANT herein
to be kept, observed, and performed; or
(g) In the event TENANT is in default with respect to any other leases
between it and the LANDLORD;
(h) In the event, other than by gift or inheritance, this Lease or any
interest therein shall by operation of law devolve upon or pass to any person
or persons other than the TENANT.
(i) In the event TENANT fails to take possession of and move into the
premises and open for business within fifteen (15) days after LANDLORD provides
notice to TENANT that the premises are ready for occupancy.
18. REMEDIES FOR DEFAULT:
(a) In the event of any default or breach, LANDLORD, in addition to any
other rights and remedies it may have, shall have the immediate right to
re-enter the premises, by summary proceedings, to dispossess TENANT and all
other occupants there-from and remove and dispose of all property therein in the
manner provided by law, without LANDLORD being deemed guilty of or liable for
same. LANDLORD shall also have the right, at its option and after notice, to
immediately terminate this Lease, and to thereupon re-enter and take possession
of said premises. In the event of any default or breach, LANDLORD shall also
have the right, upon court order and at its option, from time to time, without
terminating this Lease, to re-enter and re-let the premises, or any part
thereof, as the agent and for the account of TENANT upon such terms and
conditions as LANDLORD may deem advisable or satisfactory, in which event the
rents received on such re-letting shall be applied first to the expenses of such
re-letting and collection (including but not limited to necessary renovation and
alterations of the premises, care of demised premises while vacant, reasonable
attorney's fees, costs, out-of-pocket expenses, and any real estate commissions
paid), and thereafter toward payment of all sums due or to become due LANDLORD
hereunder; and if a sufficient sum shall not be thus realized or secured to pay
such sums and other charges, (i) at LANDLORD'S option, TENANT shall pay LANDLORD
any deficiency monthly, notwithstanding that LANDLORD may have received rental
in excess of the rental stipulated in this Lease in previous or subsequent
months, and LANDLORD may bring an action therefore as such monthly deficiency
shall arise, or (ii) at LANDLORD'S option, the entire deficiency, which is
subject to ascertainment for the remaining term of this Lease, shall be
immediately due and payable by TENANT. Nothing herein, however, shall be
construed to require LANDLORD to reenter and re-let in any event. The LANDLORD
shall not be required to pay TENANT any surplus of any sums received by LANDLORD
on a re-letting of said premises in excess of the rent provided in this Lease;
(b) In the event of any default or breach, the LANDLORD, in addition to
any other rights and remedies it may have, shall have the right, at its option,
to declare the Rent for the entire remaining term, and other indebtedness, if
any, immediately due and payable without regard to whether or not possession
shall have been surrendered to or taken by LANDLORD, and may commence action
immediately thereupon and recover judgment therefore;
(c) LANDLORD, in addition to any other rights and remedies it may have,
shall have the right to remove all or any part of TENANT'S property from said
premises. Any property removed may be stored in any public warehouse or
elsewhere at the cost of and for the account of TENANT, and LANDLORD shall not
be responsible for the care or safekeeping thereof. TENANT hereby waives any
claim for any and all loss, destruction and/or damage or injury in which may be
occasioned by any of the aforesaid acts.
(d) No re-entry or taking possession of said premises by LANDLORD shall
be construed as an election on LANDLORD'S part to terminate this Lease, unless a
written notice of such intention is given to TENANT. Notwithstanding any such
re-letting without termination, LANDLORD may at all times thereafter elect to
terminate this Lease for any default or breach. Any re-entry shall be allowed by
TENANT after court order without hindrance, and LANDLORD shall not be liable for
damages for any such re-entry, or guilty of trespass;
(e) Any and all rights, remedies, and options given in this Lease to
LANDLORD shall be cumulative and in addition to and without waiver of or in
derogation of any other right or remedy given to LANDLORD under this Lease or
any law now or hereafter in effect.
19. ATTORNEY FEES: In the event LANDLORD employs an attorney to enforce any of
its rights hereunder, or to defend any claim arising out of this Lease,
regardless of whether suit is brought, TENANT shall pay any and all attorney
fees, costs, and out-of-pocket expenses incurred by or charged to the LANDLORD,
which are hereby defined and deemed as "additional rent" hereunder. THE PARTIES
WAIVE TRIAL BY JURY.
20. WAIVER AND CONSENT: The waiver by LANDLORD of any breach of any term,
condition, or covenant herein shall not be waiver of the subsequent breach of
such term, condition, or covenant, or of any other term, condition, or covenant
herein. The consent or approval by LANDLORD to or of any act by TENANT which
requires LANDLORD'S consent or approval shall not be deemed to waive or render
unnecessary LANDLORD'S consent to or approval of any subsequent similar act by
TENANT. The rights of the LANDLORD under this Lease shall be cumulative, and
failure on the part of the LANDLORD to exercise any rights given herein shall
not operate to forfeit any such rights.
21. HOLDING OVER: TENANT must notify in writing and verbally the intent of
renewal or non-renewal of lease 30 days prior to this lease expiration. If
TENANT chooses not to renew lease, TENANT hereby agrees that the LANDLORD or
LANDLORDS agent will have access to the unit up to 30 days of expiration to show
dwelling to prospective TENANTS. In the event TENANT remains in possession of
the premises after the expiration of the tenancy hereunder, without execution of
a new lease, TENANT, at the option of LANDLORD, shall be deemed to be occupying
the premises as a month-to-month TENANT, at a monthly rent equal to two times
the base rent payable during the last month of the lease term. In addition,
TENANT shall be responsible for payment of all amounts set forth as "additional
rent" herein.
22. THREE DAY NOTICE: If, as a result of TENANT'S failure to timely pay rent,
LANDLORD, by and through its Property Manager, provides TENANT with statutory
notice to pay or vacate, TENANT agrees to pay to LANDLORD a fee of $75.00 for
the Property Manager's time and effort in provide the three day notice. This
$75.00 is hereby defined and deemed as "rent" hereunder. TENANT agrees that in
case of the failure of the said TENANT to pay the rent herein reserved when the
same becomes due, and it becomes necessary for LANDLORD to collect said rent
through an attorney, TENANT agrees to pay a reasonable attorney's fee together
with all costs incurred.
23. LIENS: Notwithstanding any other provision in this Lease regarding TENANT'S
rights, privileges, or obligations, if any, to make any alterations,
additions, improvements, or repairs, the demised premises shall not be subject
to liens for improvements made by TENANT, and TENANT shall not have any
authority to create any liens for labor or material upon LANDLORD'S interest in
the premises. In the event that any labor, materials, or equipment are furnished
to TENANT at the premises for which any construction lien might otherwise be
claimed against the premises or LANDLORD'S interest therein, TENANT agrees:
(a) To notify any contractor furnishing any labor or materials for
any improvements or repairs that the interest of the LANDLORD is not subject to
liens;
(b) To take appropriate action prior to the furnishing of any labor or
materials to assure that no such lien shall be filed; and
(c) To pay when due, all sums of money which may be due any contractor,
subcontractor, mechanic, laborer, or material man for any labor or
materials; to cause any lien or purported lien to be fully discharged and
released promptly upon receiving notice thereof; and to indemnify LANDLORD
against all legal costs and charges, including attorney's fees reasonably
incurred in discharging the demised premises or any part thereof from any liens.
(d) LANDLORD reserves the right before approving any such improvements,
changes, additions, or alterations to require TENANT to furnish a
good and sufficient bond conditioned that TENANT will save LANDLORD harmless
from the payment of any claims either in law or equity by way of damages or
mechanic's liens, foreclosure actions, or otherwise, including all attorney's
fees and costs. LANDLORD'S reservation of the absolute right to require such a
bond in no way shall be construed as a waiver allowing the premises to be
subject to mechanic's or other liens. TENANT, as well as all contractors,
laborers, and material men who may furnish any labor, materials, or otherwise
contribute to the improvement of the subject property shall be estopped to deny
that any and all mechanic's liens or other liens are prohibited and shall not
attach to the interest(s) of LANDLORD. TENANT consents to the recording in the
public records of Broward County, of the language of this paragraph in any form
permitted by Chapter 713 of the Florida Statutes, and further agrees to execute,
when requested, any shortened or modified form of lease, showing in substance
the provisions of this paragraph. All persons, whether contractors,
subcontractors, mechanics, laborers, material men, or others, who contract with
TENANT for the destruction or removal of any building, or for the erection,
installation, alteration, or repair of any building or other improvements upon
the premises are hereby notified that they must look to TENANT and TENANT'S
interest only in the above-described property to secure the payment for work
performed or materials furnished.
24. SIGNS AND AWNINGS:
(a) TENANT will not place or permit to be placed or maintained on any
exterior door, wall, or window of the premises any sign, awning, or canopy, or
advertising matter or other things of any kind, and will not place or maintain
any decoration, letter, or advertising matter on the glass of any window or
door, nor will any illuminated sign be placed in the window display area of the
premises without first obtaining LANDLORD'S written approval and consent; and
(b) TENANT shall promptly erect a sign in accordance with the specifications
outlined in Exhibit "A", within the area designated by the LANDLORD. TENANT
further agrees that all signs, awnings, canopies, decorations, lettering,
advertising matter, or other things as may be approved shall be maintained in
good condition and repair at all times, and shall conform to the reasonable
criteria established from time to time by LANDLORD.
25. WAIVER OF JURY TRIAL AND WAIVER OF COUNTERCLAIM: The parties waive trial by
jury in any action, proceeding, or counterclaim arising out of or in any way
connected with this Lease, the parties' relationship as LANDLORD and TENANT, and
TENANT'S use and occupancy of the premises. In the event LANDLORD commences
proceedings based upon TENANT'S non-payment of rent, TENANT will not interpose
any counter-claim, rather same shall be brought as a separate action.
26. COMPLETE AGREEMENT: This Lease contains a complete expression of the
agreement between the parties and there are no promises, representations, or
inducements except such as are herein provided. The Lease may not be modified in
any manner other than by agreement in writing signed by all parties hereto.
27.SUCCESSORS AND ASSIGNS: The terms, conditions, and covenants of this Lease
shall be binding upon and shall inure to the benefit of each of the parties
hereto, their heirs, personal representatives, successors, or permitted assigns,
and shall run with the land; and where more than one party shall be LANDLORD or
TENANT, the words "LANDLORD" and "TENANT" shall be deemed to include all
LANDLORDS and TENANTS jointly and severally.
28. PARTIAL INVALIDITY: If any term, covenant, or condition of this Lease
or the application thereof to any person or circumstance shall, to any extent,
be held invalid or unenforceable, the remainder of this Lease, or the
application of such term, covenant, or condition to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each term, covenant, condition, and provision of this
Lease shall be valid and enforceable to the fullest extent permitted by law. 29.
ATTACHMENTS: Any and all exhibits, addendums, or guarantees attached to this
Lease are part of same and incorporated herein as if fully set forth herein.
30. SUBORDINATION: TENANT agrees that this Lease shall be subordinate and
inferior to all present and future mortgages, easements, and/or encumbrances,
and TENANT hereby subordinates this Lease to same without any further act for
the purpose set forth in this paragraph, and agrees to provide an estoppel
letter within 5 days of any request.
31. TIME: Time is of the essence as to all terms, conditions, covenants,
obligations, and performances under or arising out of this Lease.
32. RISK ALLOCATION: To induce LANDLORD to enter into this lease, and inasmuch
as TENANT agrees to maintain and look to its own insurance coverage (ss.15) in
the event of any personal injury or property damage, TENANT hereby agrees that
except for LANDLORD'S willful misconduct, LANDLORD shall not be held responsible
for, and TENANT covenants not to xxx LANDLORD for, and shall indemnify, defend,
release and hold LANDLORD harmless from and against all liability for injury,
loss, or damage to any person or property of TENANT, TENANT'S employees and
TENANT'S invitees, REGARDLESS OF ANY NEGLIGENCE ON LANDLORD'S PART. TENANT
recognizes that LANDLORD has no control over the acts of third persons,
including criminal acts, regardless of foresee ability, and regardless of
similar criminal acts in the vicinity. TENANT'S agreement to indemnify, defend
and hold LANDLORD harmless includes the reasonable attorney's fees and expenses
of litigation incurred in connection with defending any claims brought by
TENANT'S employees or invitees. The provisions of this ss.32 shall apply whether
the injury, loss or damage occurs at or in the premises, or on common areas
(e.g. parking areas or driveways), and regardless of any allegation that
LANDLORD controls those areas. The risk allocation provisions of this ss.32 are
of the essence.
33. EXCULPATION OF LANDLORD: LANDLORD'S obligations and liability to TENANT
hereunder shall be limited solely to LANDLORD'S interest in the property; and
the LANDLORD, or any partners of LANDLORD, any officer, director, or shareholder
of LANDLORD, or any agent or employee of LANDLORD, shall not have any personal
liability whatsoever with respect to this Lease.
34. RADON GAS DISCLOSURE: Radon is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of Radon that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding Radon and Radon testing may be obtained from
your county public health unit.
35. GOVERNING LAW: This Lease shall be governed
by and construed in accordance with the laws of the State of Florida.
36. NOTICES: All notices required hereunder shall be in writing, and delivered
via certified mail, return receipt requested, or via hand delivery, to LANDLORD
at 0000 X.X. 00 Xxxxx, Xxxxx, XX 00000, and to TENANT at the premises, except
that three day notices for nonpayment of rent may be hand delivered or posted.
37. ROOF AND WALL OPENINGS: LANDLORD shall maintain the entire roof and
structural areas. The warehouse roof has been engineered to maintain itself as
an entity. No equipment such as air conditioning systems, pulley systems, air
vents, antennae, etc, are permitted on this structure. These are the
specifications outlined by the engineer and manufacturer of the roof. It must be
stressed to everyone that any attachments whatsoever are not permitted on this
structure. By signing below constitutes tenant(s) full acknowledgement and
compliance.
TENANT
38. GARAGE DOOR: TENANT certifies that its garage doors are in good working
order and accepts full maintenance and/or repair responsibilities for the garage
doors during the term of this lease and any extensions thereof.
39. NO WASTE, NUISANCE, OR UNLAWFUL USE: TENANT shall not commit, or allow to be
committed, any waste on the premises, create or allow any nuisance to exist on
the premises, or use or allow the premises to be used for any unlawful purpose.
It is further understood and agreed that nothing is to be stored by TENANT on
the outside of the premises.
40. TENANT agrees that it shall not prop open or lock in place its front entry
door(s) in an open position, unless first approved in writing by LANDLORD.
41. TENANT shall not install any type of storm shutters or other types of
security easures in the door or window areas of its storefront without
LANDLORD'S prior written consent.
42. Headings herein are for convenience only. There shall be no interpretation
of this lease in favor of or against either party by virtue of its preparation
by LANDLORD.
43. CONSTRUCTION LIENS: LANDLORD'S fee simple interest shall not be
subject to any liens whatsoever for any improvements made by TENANT. TENANT
covenants and agrees that it has no power to incur any indebtedness giving a
lien of any kind upon the right, title and interest of LANDLORD in and to the
Lease Premises, and that no person shall ever be entitled to any lien, directly
or indirectly, derived through or under the Tenant, or its agents, servants, or
account of any act or omission of said TENANT. All persons contracting with the
TENANT or furnishing materials and labor to TENANT, or its agents or servants,
as well as all other persons whomsoever shall be bound by the provisions of this
Lease. Should any lien be filed, TENANT shall discharge same within thirty (30)
days thereafter, by paying the same. TENANT shall not be deemed to be the agent
of LANDLORD so as to confer upon a laborer bestowing labor upon the Leased
Premises, or upon a material-man who furnishes material incorporated into the
construction of improvements upon the Leased Premises, a mechanic's lien upon
LANDLORD'S estate under the provisions of Chapter 713, Florida Statutes, and
subsequent revisions thereof. If requested by LANDLORD, TENANT agrees to execute
a short form Memorandum of Lease which LANDLORD may record in the Public Records
of Broward County, Florida which shall state, in accordance with Chapter 713,
Law of the State of Florida, that TENANT has no power to incur any liens
whatsoever.
44. REAL ESTATE TAXES: TENANT shall pay as additional rent, plus any sales or
use taxes assessed thereon, any increase over the base year of all real and
personal property taxes or assessments, including without limitation: sanitary
taxes, solid waste fees, or special assessments, and all costs and expenses
incurred by LANDLORD in contesting the same, which are levied, imposed or
assessed on the Leased Premises or the property where the Leased Premises is
located. For purposes of this calculation, the base year shall be deemed to be
the year 2004. For example if the real property taxes for year 2004 were
$5000.00 and real property taxes for the year 2004 were $6000, Tenant shall pay
LANDLORD the sum of $1000.00 as additional rent, plus any sales or use taxes.
All payments delineated in this subparagraph shall be due within five days after
a xxxx for same is submitted from LANDLORD to TENANT.
45. BUILDING INSURANCE: TENANT shall pay as additional rent, plus any sales or
use taxes assessed thereon, any increase over the base year of all insurance
costs incurred by LANDLORD for the Lease Premises or the Property where the
Leased Premises is located, including, without limitation: premiums,
assessments, co-payments and deductibles. For purposes of this calculation, the
base year shall be deemed to be the year 2004. For example if insurance costs
for year 2004 were $5000.00 and insurance costs for the year 2004 was $6000,
TENANT shall pay LANDLORD the sum of $1000.00 as additional rent, plus any sales
or use taxes. All payments delineated in this subparagraph shall be due within
five days after a xxxx for same is submitted from LANDLORD to TENANT. 46. RULES
AND REGULATIONS FOR COMMON AREAS:
(1) TENANT agrees as follows:
(a) All loading of goods shall be done only at such time, in the areas, and
through the entrances, designated for such purposes by LANDLORD.
(b) All garbage and refuse shall be deposited in the kind of container
specified by LANDLORD, and shall be placed outside of the premises for
collection in the manner and at the times and places specified by LANDLORD.
Under no circumstances shall any garbage, trash, refuse or any other material be
brought back from other locations for disposal. Only dumping of office materials
is permitted. Excessive use of any utility that is paid by LANDLORD will
constitute an additional charge by LANDLORD to TENANT. This charge shall be
deemed "additional rent" hereunder and due immediately. TENANT is solely
responsible for the actions of employees, contractors, and customers.
(c) No loudspeakers, televisions, phonographs, radios or other devices shall
be used in a manner so as to be heard or seen outside of the premises without
prior written consent of the LANDLORD.
(d) The outside areas immediately adjoining the premises shall be kept clean
and free from dirt and rubbish by TENANT to the satisfaction of the LANDLORD,
and TENANT shall not place or permit any obstruction or merchandise in such
areas, nor conduct any business there-from.
(e) TENANT may not change (whether by alteration, replacement, rebuilding, or
otherwise) the interior or exterior color and/or architectural treatment of the
demised premises or of the building in which the same are located, or any part
thereof.
(f) TENANT must obtain and maintain in effect all permits and licenses
necessary for the operation of TENANT'S business.
(g) TENANT shall not burn any trash or garbage of any kind in and about the
premises or Industrial Park.
(h) TENANT shall at all times maintain an adequate number of suitable fire
extinguishers on the premises for use in the case of fire, including electrical
or chemical
fires.
(i) TENANT agrees that the LANDLORD may designate specific areas in which
vehicles owned or operated by TENANT'S employees must park, and LANDLORD may, if
necessary for the convenience of parking for customers or other TENANTS,
prohibit the parking of such vehicles in any part of the common areas.
(j) The plumbing facilities shall not be used for any purpose other than for
which they were constructed, and no foreign substance of any kind shall be
thrown therein, and the expense of any breakage, stoppage, or damage resulting
from a violation of this provision shall be borne by TENANT.
(k) TENANT shall keep the premises free from nuisance, noises or odors
objectionable to the public, to other TENANT, and to LANDLORD.
(l) No air conditioner may be installed or placed on the building or premises
at any time, without the express written permission of LANDLORD, and the air
conditioning shall remain as part of the building.
(m) No substance of any kind shall be poured down any interior/exterior
drains.
(n) No animals, bird, or other pet will be kept on the premises, except
properly trained dogs needed by blind, deaf, or disabled persons.
(o) TENANT shall pay 57%of electricity for Ste"2" based on 850 square feet
and Ste"3" Tenant, "Express Buy" shall pay 43% of electricity based on
650 square feet. FPL account is under "Express Buy".
(2) PARKING AREAS:
(a) No outside storage is permitted.
(b) No overnight parking of cars is permitted.
(c) All trash, debris, and/or tools must be kept inside TENANT'S premises
at all times.
(d) The only vehicles permitted to park on the exterior are personal and
employee vehicles driven to work.
(e) It is required that you leave available, in front of your unit, open
parking spaces for customers.
(f) All vehicles on the exterior must have a current and valid license
plate- with no visible auto-body work necessary.
(g) NO DOUBLE PARKING.
(h) Boats are not permitted to be parked outside at anytime whatsoever.
(i) No stopping or standing in Fire Lanes. (j) Do not block any Tenants
roll up door.
(3) MAILBOX KEYS:
TENANT is responsible for going to the United States Post Office with a copy of
their lease in order to acquire a mailbox key. Their nominal fee is to be paid
by TENANT.
LANDLORD reserves the right from time to time to suspend, amend, or
supplement the foregoing rules and regulations, adopt and promulgate additional
rules and regulations applicable to the premises. Notice of such rules and
regulations and amendments and supplements thereto, if any, shall be given to
the TENANT. Non-compliance with rules and regulations shall be considered a
default under this lease. LANDLORD shall have no liability, for violation by any
other TENANT of the Industrial Park, of any rules and regulations, nor shall
such violation or the waiver thereof, excuse TENANT from compliance.
IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Lease to be executed as
required by law as of the date indicated in the preamble hereof.
Signed, sealed, and delivered in the presence of:
WITNESSES: LANDLORD:
Premier Equity, Inc.
------------------------------------ -----------------------------
(Property Manager)
TENANT:
_____________________________________ and
Please print
____________________________, Individually
Please Print
___________________________ DL#:__________________________________
Tenant Signature
__________________________ DL# :__________________________________
Tenant Signature
Business Phone ( ) ___________________
Home Phone ( ) ___________________
Cell Phone ( ) ___________________
Emergency Contact ( ) ___________________
Contact Name ________________________________
A COPY OF YOUR DRIVERS LICENCE IS REQUIRED.
