Business Lease
This agreement, entered into this 31 day of January 1997 between Xxxx X.
Xxxxxxxx, hereinafter called the lessor, party of the first part, and Optical
Concepts of America located at 0000 X. Xxxxxxxxxx Xxxxx Xxxxx 00 Xxxxx Xxxxxxx,
XX 00000 of the County of Broward and State of Florida hereinafter called the
lessee or tenant, party of the second part:
Witnesseth. That said lessor does this day lease unto said lessee, and said
lessee does hereby hire and take as tenant under said lessor Space Number 0000
XX 00xx XXXXXX situated in Margate, Florida, to be used and occupied by the
lessee as office and storage space, optical laboratory and distribution of eye
related products and for no other purposes or uses for the term of Sixty Three
months beginning on the (SEE ADDENDUM) day of, 1997, and payable as follows:
(SEE ADDENDUM)
all payments to be made to the lessor on the first day of each and every month
in advance without demand at the office of Roschman Enterprises in the city of
Margate, or at such other place and to such other person, as the lessor may from
time to time designate in writing.
The following express stipulations and conditions are made a part of the lease
and are hereby assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any
part thereof nor use the same, or any part thereof, nor permit the same, or any
part thereof, to be used for any other purpose than as above stipulated, nor
make any alterations therein, and all additions thereto, without the written
consent of the lessor, which shall not be unreasonably withheld, and all
additions, fixtures or improvements which may be made be lessee, except moveable
office furniture, shall become the property of the lessor and remain upon the
premises as a part thereof, and be surrendered with the premises at the
termination of this lease.
SECOND: All personal property placed or moved in the premises above described
shall be at the risk of the lessee or owner thereof, and lessor shall not be
liable for any damage to said personnel property, or to the lessee arising from
the bursting or leaking of water pipes, or from any act of negligence of any
co-tenant of occupants of the building or of any other person whomsoever.
THIRD: That the tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirements of the Federal, State
and City Government and of any and all their Departments and Bureaus applicable
to said premises, for the prevention and abatement of nuisances or other
grievances, in upon, or connected with said premises during said term; and shall
also promptly comply with all rules, orders and regulations of the Southeastern
Underwriters Association for the prevention of fires. Landlord stipulates that
the premises are suitable and zoned for the purposes intended by the tenant:
Landlord further stipulates that there are no known defects, code violations or
violations of any local, county, state or federal law, act, ordinance or
regulation including but not limited to ADA and any hazardous waste or materials
law.
FOURTH: In the event the premises shall be destroyed or so damaged or injured by
fire or other casualty during the life of this agreement, whereby the same shall
be rendered untenantable, then the lessor shall have the right to render said
premises tenantable by repairs within ninety days therefrom. If said premises
are not rendered tenantable within said time, it shall be optional with either
party hereto to cancel this
lease, and in the event of such cancellation the rent shall be paid only to the
date of such fire or casualty, the cancellation herein mentioned shall be
evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates named,
and the faithful observance of the term and conditions of this lease.
SIXTH: If the lessee shall abandon or vacate said premises before the end of the
term of this lease, or shall suffer the rent to be in arrears and at least
fourteen (14) days after tenant's receipt of notification of arrears and demand
for payment, the lessor may, at his option, forthwith cancel this lease or he
may enter said premises as the agent of the lessee, by force or otherwise,
without being liable in any way therefor, and re-let the premises with or
without any furniture that may be therein, as the agent of the lessee, at such a
price and upon such terms and for such duration of time as the lessor 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 the lessor over and above the expenses to lessor in such
re-letting, the said lessee shall pay any deficiency, and if more than the full
rental is realized lessor will pay over to said lessee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorneys
fee on any part of said rental that may be collected by suit or by attorney,
after the same is past due.
EIGHTH: The lessee agrees that he will pay all charges for rent, gas,
electricity or other illumination, and for all water used on said premises, and
should said charges for rent, light or water herein provided for at any time
remain due and unpaid for the space for fourteen (14) days after the same shall
have become due, the lessor may at its option consider the said lessee at
sufferance and immediately re-enter upon said premises and the entire rent for
the rental period then next ensuing shall at once be due and payable and may
forthwith be collected by distress or otherwise. Landlord represents and
warrants that air-conditioning and heat is in good and proper working order and
is adequate for the needs of the tenant. Tenant shall pay the cost of hiring a
maintenance company to service the HVAC system. Landlord responsible any and all
repairs and replacements.
NINETH: In the event of a uncured event the said lessee hereby pledges and
assigns to lessor all the furniture, fixtures, goods and chattels of said
lessee, which shall or may be brought or put on said premises as security for
the payment of the rent herein reserved, and the lessee agrees that the said
lien may be enforced be distress foreclosure or otherwise at the execution of
the said lessor, and does hereby agree to pay attorneys fees of ten per cent of
the amount so collected or found to be due, together with all costs and charges
therefore incurred or paid by the lessor.
TENTH: The lessor, or any of his agents, shall have the might to enter said
premises during usual and customary business hours, providing tenant reasonable
notice, except in the event of a bonafide emergency, to examine the same to make
such repairs, additions or alterations as may be deemed necessary for the
safety, comfort, or preservation therefore, or of said building or to exhibit
said premises, and to put or keep upon the doors or windows thereof a notice
"FOR RENT' at any time within thirty (30) days before the expiration of this
lease. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations, or additions, which do not conform to
this agreement of to the rules and regulations of the building.
ELEVENTH: Lessee hereby accepts the premises in the condition they are at the
beginning of this lease and agrees to maintain said premises in the same
condition, order and repair as they are at the commencement of said term,
excepting only reasonable wear and team arising from the use thereof under this
agreement, and to make good to said lessor immediately upon demand any damage to
water apparatus, or electric lights or any fixture, appliances or appurtenances
of said premises, or of the building, caused by any act or neglect of lessee, of
any person or persons in the employ or under the control of the lessee.
building, caused by any act or neglect of lessee, of any person or persons in
the employ or under the control of the lessee.
TWELFTH: It is expressly agreed and understood by an between the parties to this
agreement, that the landlord shall not be liable for any damage or injury by
water, which may be sustained by the said tenant or other person or for any
other damage or injury resulting from the carelessness, negligence, or improper
conduct on the part of any other tenant or agents, or by reason of the breakage,
leakage, or obstruction of the water, sewer or other leakage in or about the
said building.
THIRTEENTH: COPY TO COME
FOURTEENTH: This contract shall bind the lessor and its assigns or successors,
and the heirs, assigns, administrators, legal representatives, executors or
successors as the ease may be, of the lessee.
FIFTHTEENTH: 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.
SIXTEENTH: It is understood and agreed between the parties hereto that written
notice mailed via certified mail, return receipt requested, or via Federal
Express or similar overnight mail delivery service with a signed and documented
evidence of receipt by the appropriate recipient, delivered to the premises
shall constitute sufficient notice to the lessee and written notice mailed or
delivered in a similar manner to the office of the lessor shall constitute
sufficient notice to the Lessor, to comply with the terms of this contract.
SEVENTEENTH: The rights of the lessor under the foregoing shall be cumulative,
and failure on the part of the lessor to exercise promptly any rights given
hereunder shall not operate to forfeit any of the said rights.
EIGHTEENTH: It is further understood an agreed between the parties hereto that
any charges against the lessee by the lessor for services or for work done on
the premises by order of the lessee or otherwise accruing under this contract
shall be considered as rent due and shall be included in any lien for rent due
and unpaid.
NINETEENTH: It is hereby understood and agreed that any signs or advertising to
be used, including awnings, in connection with the premises leased hereunder
shall be first submitted to the lessor for approval before installation.
TWENTETH: COVENANTS OF LESSEE:
The lessee, for and in consideration of this lease and the agreements, promises,
covenants of the Lessor as herein set forth and contained, promises and agrees
as follows:
(A) Insurance At its expense to procure and maintain in force during time full
term of this lease a policy of comprehensive general liability insurance in
a company acceptable to the lessor insuring against damages for the death
or personal injury of persons or damage or destruction of and to the
property of others, with $1,000,000 limit of liability, and the loss
payable clause of said policy so maintained by the lessee shall name both
the Lessor and the Lessee as their interests may appear.
(B) PUBLIC LIABILITY The Lessee agrees that it will indemnify and save
harmless the lessor from and against any and all claims, suits, actions, and
damages for any personal injury, loss of life, or damage to property of
others specifically due to any action solely on the part of the tenant
sustained in, on, or about the demised premises; provided, however, that
this provision shall not prevent the Lessee from legitimately defending any
suit or claim which may be brought against the Lessee or the Lessor or both.
(C) At the termination of the term of this lease, or in the event this lease is
terminated for any other reason than the lapse of time, the Lessee shall
surrender and deliver up to the Lessor the demised premises in good repair
and condition, damage by fire or other casualty and reasonable wear and tear
and natural deterioration excepted.
(D) The Lessee shall not suffer or permit any mechanics lien or other
encumbrance to be filed against the Lessor's fee simple title to the
demised premises nor against the Lessee's leasehold interest in said
premises.
(E) The Lessee shall not permit the use of the demised premises of any
portion of the common area in any manner which shall constitute a
nuisance or a hazard. Lessee shall at all times keep the demised
premises and adjoining areas subject to Lessee's control in a clean
and neat condition, free of any trash, garbage, rubbish and vermin.
IN WITNESS HEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year above written,
Signed, Sealed and delivered
in the presence of: LESSOR
/s/ XXXX X. XXXXXXXX
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/s/ ILLEGIBLE XXXX X. XXXXXXXX
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AS TO LESSOR
/s/ ILLEGIBLE LESSEE
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AS TO LESSEE
/s/ Xxx Xxxxxx
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Xxx Xxxxxx, President
ADDENDUM
I. LANDLORDS WORK-- Lessor shall construct "turnkey" premises in
specification with a plan which shall be mutually accepted and signed off
on by both parties, and be attached to and made a part of this lease
labeled: Exhibit "A". Landlord at its sole cost and expense shall provide
for the construction indicated on plan which shall include: Architectural
and working drawings, Full construction of premises and tenant finishes to
including painting and carpeting.
2. LEASE COMMENCEMENT--The Commencement of this lease agreement shall be within
one week of issuance of a Certificate of Occupancy by the city of Margate
after completion of "Landlords Work".
3. RENT SCHEDULE:
MONTHS 0-3 FREE
MONTHS 4-l2 $2,000.00 PER MONTH
MONTHS 13-24 $3,900.00 PER MONTH
MONTHS 25-36 $4,100.00 PER MONTH
MONTHS 37-48 $4,300.00 PER MONTH
MONTHS 49-63 $4,525.00 PER MONTH
4. OPTION TO RENEW--Landlord Grants Lessee Two (2) Five (5) Year Options to
renew this lease. The Rental Rate of each option period shall be The previous
periods rent increased by 5%. A 5% yearly escalation shall apply to each year
during the option period.
5. DEPOSIT--Upon execution of the lease agreement Lessee shall deposit
$10,711.38 which will represent 1st months rent, Last months rent and One (1)
months security. Tenant shall post security deposit with the understanding that
landlord shall provide an acceptable plan labeled Exhibit 'A' which will
illustrate the construction to take place in the premises. Should the Landlord
not provide the exhibit within 30 days of the lease signing tenant shall be
entitled to a full refund of the deposit within Two (2) working days, and this
lease agreement shall be null and void.
