COMMERCIAL LEASE THIS LEASE is made on the 1st day of July, 2007.
THIS
LEASE
is made on the 1st day of July, 2007.
The
Landlord hereby agrees to lease to the Tenant, and the Tenant hereby agrees
to
hire and take from the Landlord, the Leased Premises described below pursuant
to
the terms and conditions· specified herein:
LANDLORD:
Xxxx Xxxxxxxxxx
Address:
000 Xxxxxxxx Xx. X., Xxxxxxxxx, XX 00000
TENANT(S):
Fresca Worldwide Trading Corp.
Address:
0000 Xxxxxx Xx., Xxxxxxxxx, XX 00000
1.
Leased-Premises. The Leased Premises are those premises described as: 0000
Xxxxxx Xx., Xxxxxxxxx, XX 00000
2.
Term.
The term of the Lease shall be for a period of two (2) years commencing on
the
1st
day
of July, 2007
ending on
the 30th
day of June, 2009
unless
sooner terminated as 'hereinafter provided. If Tenant remains in possession
of
the Leased Premises with the written consent of the Landlord after the lease
expiration date stated above, this Lease will be converted to a month-to-month
Lease and each party shall have the right to terminate the Lease by giving
at
least one month's prior written notice to the other party.
3.
Rent.
The Tenant agrees to pay the ANNUAL RENT of Two Thousand Four Hundred Dollars
($
2,400.00)payable in equal installments $
200.00
in
advance
on the first day of each and every calendar month during the full term of
this
Lease.
4.
Rent
Adjustment. If in any tax year commencing with the fiscal year 2007, the
real
estate taxes on the land and buildings, of which the Leased Premises are
a part,
are in excess of the amount of the real estate taxes thereon for the fiscal
year
(hereinafter called the "Base Year"), Tenant will pay to Landlord as additional
rent hereunder, when and as designated by notice in writing by Landlord,
100 per
cent of such excess that may occur in each year of the term of this Lease
or any
extension or renewal thereof and proportionately for any part of a fiscal
year.
5.
Security Deposit. The sum of _____________0________________________Dollars
($
___________0______________) is
deposited by the Tenant with the Landlord as security for the faithful
performance of all the covenants and conditions of the lease by the said
Tenant.
If the Tenant faithfully performs all the covenants and conditions on his
part
to be performed, then the sum deposited shall be returned to the
Tenant.
6.
Delivery of Possession. If for any reason the Landlord cannot deliver possession
of the leased property to the Tenant when the lease term commences, this
Lease
shall not be void or voidable, nor shall the Landlord be liable to the Tenant
for any loss or damage resulting therefrom. However, there shall be an abatement
of rent for the period between the commencement of the lease term and the
time
when the Landlord delivers possession.
7.
Use of
Leased Premises. The Leased Premises may be used only for the following
purpose(s): ATM ownership and Management.
8.
Utilities. Except as specified below, the Tenant shall be responsible for
all
utilities and services that are furnished to the Leased Premises. The
application for and connecting of utilities, as well as all services, shall
be
made by and only in the name of the Tenant: (List exceptions, if
any)
9.
Condition of Leased Premise; Maintenance and Repair. The Tenant acknowledges
that the Leased Premises are in good order and repair. The Tenant agrees
to take
good care of and maintain the Leased Premises in good condition throughout
the
term of the Lease.
The
Tenant, at his expense, shall make all necessary repairs and replacements
to the
Leased Premises, including the repair and replacement of pipes, electrical
wiring, heating and plumbing systems, fixtures and all other systems and
appliances and their appurtenances. The quality and class of all repairs
and
replacements shall be equal to or greater than the original worth. If Tenant
defaults in making such repairs or replacements, Landlord may make them for
Tenant's account, and such expenses will be considered additional
rent.
10.
Compliance with Laws and Regulations. Tenant, at its expense, shall promptly
comply with all federal, state, and municipal laws, orders, and regulations,
and
with all lawful directives of public officers, which impose any duty upon
it or
Landlord with respect to the Leased Premises. The Tenant at its expense,
shall
obtain all required licenses or permits for the conduct of its business within
the terms of· this lease, or for the making of repairs, alterations,
improvements, or additions. Landlord, when necessary, will join with the
Tenant
in applying for all such permits or licenses.
11.
Alterations and Improvements. Tenant shall not make any alterations, additions,
or improvements to, or install any fixtures on, the Leased Premises without
Landlord's prior written consent. If such consent is given, all alterations,
additions, and improvements made, and fixtures installed by Tenant shall
become
Landlord's property at the end of the Lease/term. Landlord may, however,
require
Tenant to remove such fixtures, at Tenant's expense, at the end of the Lease
term .
12.
Assignment/Subletting Restrictions. Tenant may not assign this agreement
or
sublet the Leased Premises without the prior written consent of the Landlord.
Any assignment, sublease or other purported license to use the Leased Premises
by Tenant without the Landlord's consent shall be void and shall (at Landlord's
option) terminate this Lease.
13. Insurance.
(i)
By
Landlord. Landlord shall at all times during the term of this Lease, at its
expense, insure and keep in effect on the building in which the Leased Premises
are located fire insurance with extended coverage. The Tenant shall not permit
any use of the Leased Premises which will make voidable any insurance on
the
property of which the Leased Premises are :, part, or on the contents of
said
property or which shall be contrary to any law or regulation from time to
time
established by the applicable fire insurance rating association. Tenant shall
on
demand reimburse the Landlord, and all other tenants, the full amount of
any
increase in insurance premiums caused by the Tenant's use of the
premises.
(ii)
By
Tenant. Tenant shall, at its expense, during the term hcreof, maintain and
deliver to landlord public liability and property damage and plate glass
insurance policies with respect to the Leased Premises. Such policies shall
name
the Landlord and Tenant as insureds, and have limits of at least $ __________for
injury or death to anyone person and $_______________
for
anyone
accident, and $ with
respect to damage to property and with full coverage for plate glass. Such
policies shall be in whatever form and with such insurance companies as are
reasonably satisfactory to Landlord, shall name the Landlord as additional
insured, and shall provide for at least ten days' prior notice to Landlord
of
cancellation.
14.
Indemnification of Landlord. Tenant shall defend, indemnify, and hold Landlord
harmless from and against any claim, loss, expense or damage to any person
or
property in or upon the Leased Premises, arising out of Tenant's use or
occupancy of the Leased Premises, or arising out of any act or neglect of
Tenant
or its servants, employees, agents, or invitees.
15.
Condemnation. If all or any part of the Leased Premises is taken by eminent
domain, this lease shall expire on the date of such taking, and the rent
shall
be apportioned as of that date. No part of any award shall belong to
Tenant.
16.
Destruction of Premises. If the building in which the Leased Premises is
located
is damaged by fire or other casualty, without Tenant's fault, and the damage
is
so extensive as to effectively constitute a total destruction of the property
or
building, this Lease shall terminate and the rent shall be apportioned to
the
time of the damage. In all other cases of damage without Tenant's fault,
Landlord shall repair the damage with reasonable dispatch, and if the damage
has
rendered the Leased Premises wholly or partially untenantable, the rent shall
be
apportioned until the damage is repaired. In determining what constitutes
reasonable dispatch, consideration shall be given to delays caused by strikes,
adjustment of insurance, and other causes beyond the Landlord's
control.
17.
Landlord's Rights upon Default. In the event of any breach of this lease
by the
Tenant, which shall not have been cured within TEN (10)
DAYS,
then
the Landlord, besides other rights or remedies it may have, shall have the
immediate right of reentry and may remove all persons and property from the
Leased Premises; such property may be removed and stored in a public warehouse
or elsewhere at the cost of, and for the account of, the Tenant. If the Landlord
elects to reenter as herein provided, or should it take possession pursuant
to
any notice provided for by law, it may either terminate this Lease or may,
from
time to time, without terminating this lease, relet the Leased Premises or
any
part thereof, for such term or terms and at such rental or rentals. and upon
such other terms and conditions as the Landlord in Landlord's own discretion
may
deem advisable. Should rentals received from such reletting during any month
be
less than that agreed to be paid during the month by the Tenant hereunder,
the
Tenant shall pay such deficiency to the Landlord monthly. The Tenant shall
also
pay to the Landlord, as soon as ascertained, the cost and expenses incurred
by
the Landlord, including reasonable attorneys fees, relating to such
reletting.
18.
Quiet
Enjoyment. The Landlord agrees that if the Tenant shall pay the rent as
aforesaid and perform the covenants and agreements herein contained on its
part
to be performed, the Tenant shall peaceably hold and enjoy the said rented
premises without hindrance or interruption by the Landlord or by any other
person or persons acting under or through the Landlord.
19.
Landlord's Right to Enter. Landlord may, at reasonable times, enter the Leased
Premises to inspect it, to make repairs or alterations, and to show it to
potential buyers, lenders or tenants.
20.
Surrender upon Termination. At the end of the lease term the Tenant shall
surrender the leased property in as good condition as it was in at the beginning
of the term, reasonable use and wear excepted.
21.
Subordination. This lease, and the Tenant's leasehold interest, is and shall
be
subordinate, subject and inferior to any and all liens and encumbrances now
and
thereafter placed on the Leased Premises by Landlord, any and all extensions
of
such liens and encumbrances and all advances paid under such liens and
encumbrances.
22.
Additional Provisions:
23. Miscellaneous
Terms.
(i)
Notices. Any notice, statement, demand or other communication by one party
to
the other, shall be given by personal delivery or by mailing the same, postage
prepaid, addressed to the Tenant at the premises, or to the Landlord at the
address set forth above.
(ii)
Severability., If any clause or provision herein shall be adjudged invalid
or
unenforceable by a court of competent jurisdiction or by operation of any
applicable law, it shall not affect the validity of any other clause or
provision, which shall remain in fuJl force and effect.
(iii)
Waiver. The failure of either party to enforce any of the provisions of this
lease shall not be considered a waiver of that provision or the right of
the
party to thereafter enforce the provision.
(iv)
Complete Agreement. This Lease constitutes the entire understanding of the
parties with respect to the subject matter hereof and may not be modified
except
by an instrument in writing and signed by the parties.
(v)
Successors. This Lease is binding on all parties who lawfully succeed to
the
rights or take the place of the Landlord or Tenant.
24.
[FOR
LEASED PREMISES IN FLORIDA ONLY]: RADON GAS: 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.
IN
WITNESS
WHEREOF the parties have set their hands and seals on this 1st day of September,
2007.
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/s/ Xxxx Xxxxxxxxxx
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/s/ Xxxxxxxx Xxxxxx
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Landlord
or Landlord's Authorized Agent
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Tenant
- President, Fresca Worldwide Trading Corp.
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Tenant
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