BUSINESS LEASE
THIS AGREEMENT made this 1st day of April, 2000, between REMPROP
INCORPORATED, Lessor, and Triple A Homes, Inc, Lessee;
1. Leased Premises: The Lessor hereby leases to the Lessee the following
described premises located in Pinellas county, Florida:
1616 Gulf to Bay Blvd Suite D
Clearwater, FL 33755
2. Term: The initial term of the Lease shall be one (1) year. The term
shall commence on the 1st day of April, 2000 and shall continue until the 31st
day of March, 2001.
3. Rent: The total rent over the term of this Lease shall be the sum of
$4800.00, which sum Lessee agrees to pay in monthly installments of $400.00,
plus applicable sales tax, each and every month during the term, payable in
advance on the first day of the month, commencing on 4-1-2000. If Lessee is
given possession of the leased premises for a portion of a month, the monthly
rent shall be prorated. The rental payment shall be delinquent if not paid by
the tenth (10th) day of each month. A $25.00 late charge is due if paid after
the tenth. Should this Lease be extended pursuant to the terms and conditions of
Section 21 herein, the rental for each year subsequent to the initial period of
this Lease shall be increased by an amount equal to x x x x (x x x%) x percent
of the rent due for the immediately preceding year.
4. Security Deposit: The Lessee has deposited with the Lessor the sum of
$00 for security for the full performance by the Lessee of all of the terms,
covenants and conditions of this Lease. Lessor shall have the right to apply any
part of the security deposit to cure any default of the Lessee and, if such
application is made, Lessee shall, within fifteen (15) days after receipt of
demand therefor, deposit with Lessor the amount so applied in order to restore
the security deposit to the original amount. Lessee should not be entitled to
any interest on the security deposit amount. The security deposit shall be
returned to the Lessee at the expiration of the lease term, including any
extensions, less any sums required to enforce the terms of this Lease. In no
event shall Lessee be entitled to apply this security deposit towards the rent
due for the last month, or any other period, of the lease term
5. Use of Premises: The premises are leased to the Lessee solely for the
following purposes. Lessee shall not be entitled to make any other use of the
premises without the prior written consent of the Lessor.
Corporate Offices
Exhibit Number 6.3
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6. Utilities and Taxes: the Lessee shall pay all charges for all utilities
including electricity, gas, heat, telephone or other communication services,
sewer services, trash removal services and water.
a. If the Lessee shall be in default as to any of these charges, the
Lessor may cure such default on behalf of the Lessee, in which event the Lessee
shall reimburse the Lessor for all sums paid to effect such cure together with
interest at the rate of twelve (12% percent per annum and reasonable attorney's
fees. In order to collect such reimbursement, the Lessor shall have all remedies
available under this Lease for a default as set forth in Section 20.
b. Lessor shall not be liable for damages to Lessee's businesss and/or
inventory or for any other claim by Lessee resulting from an interruption in
utility services.
c. Lessee shall pay and hold the Lessor harmless from and on account of
all claims for occupational licenses, personal property taxes or other
obligations attributable to the operation of the Lessee's business on the
premises.
7. Observance of Laws and Ordinances: Lessee agrees to observe, comply
with and execute promptly at its expense during the term hereof, all laws,
rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies whether federal, state, city, county,
municipal or other, and of insurance carriers or rating organizations which
relate to its use or occupancy of the demised premises. In addition, the Lessee
agrees to abide by all Rules and Regulations promulgated from time to time by
the Lessor for the demised premises.
8. Assignment and Subletting: The Lessee shall not assign this Lease nor
sublet the demised premises, in whole or in part, without the prior written
consent of the Lessor. If, with consent of Lessor, this Lease is assigned or the
demised premises or any part thereof are sublet or occupied by any person other
than Lessee, Lessor may, after default by Lessee, collect rent from the
assignee, sub-tenant or occupant and apply the net amount collected to the rent
therein reserved, but no such assignment, subletting, occupancy or collection
shall be deemed to relieve Lessee of any of its obligations hereunder nor be
deemed a waiver of this covenant of the acceptance of the assignee, sub-tenant
or occupant as tenant, or a release of Lessee from the further performance of
the terms of this Lease. The consent by Lessor to an assignment or subletting
shall not in any way be construed to relieve Lessee or any other tenant or
occupant of the demised premises from obtaining the express written consent of
Lessor to any further assignment or subletting.
Lessor shall have the right to assign this Lease without the consent of
Lessee and thereafter Lessor shall have no liability hereunder.
9. Lessor's Property: Any improvement, alteration, or addition to the
leased property, or any part thereof, and any replacement or installation of
fixtures shall
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become a part of the realty which shall at once become the absolute property of
the Lessor without payment of any kind therefor.
10. Risk of Loss: All personal property placed or moved into the premises
shall be at the risk of the Lessee or owner thereof. The Lessor shall not be
responsible or liable to the Lessee for any loss or damage that may be
occasioned by or through the act or omission of persons occupying adjoining
premises or any part of the premises adjacent to or connected with the premises
hereby leased or any part of the building of which the leased premises are a
part for any loss or damage resulting to the Lessee or its property from any
cause including, without limitations, loss or damage from bursting, stopped up
or leaking water, gas, sewer or steam pipes unless the same is due to the
negligence of the Lessor, its agents, servants or employees.
11. Right of Entry: The Lessor and its representatives may enter the
demised premises at any reasonable time without notice for the purpose of
inspecting the premises; making repairs, additions or alterations; performing
any work which the Lessor elects to undertake made necessary by reason of the
Lessee's default under the terms of this Lease; exhibiting the demised premises
for sale, lease or mortgage financing; or posting notices of nonresponsibility
under any mechanics lien law.
12. Surrender Upon Termination: Upon termination of this Lease, the Lessee
shall surrender the leased property in good order and repair, except for
reasonable wear and tear. The Lessee shall repair and restore, and save the
lessor harmless, from all damages to the leased property caused by the Lessee or
any person or persons in the employ of or under the control of the Lessee.
Lessee shall remove all property of Lessee and failing to do so, the said
property to be removed at the expense of Lessee. Lessee's obligations to observe
and perform this covenant shall survive the termination of this Lease.
13. Maintenance:
a. The Lessor shall keep and maintain the foundation, outer walls,
roof and buried conduits of the premises in good repair, except that the
Lessee shall make any such repairs occasioned by the negligence of Lessee,
its agent, express or implied invitees, or employees.
b. The Lessee, at its sole expense, shall keep and maintain the
demised premises, as now or hereafter constituted with all improvements
made thereto, including glass, (reasonable wear and tear excepted), and
shall make all repairs, replacements and renewals, whether ordinary or
extraordinary, seen or unforeseen, including all structural repairs to the
interior necessary to maintain the demised premies.
c. Lessee shall be responsible for the operation, upkeep, repair and
replacement of the air-conditioning and heating system and plumbing,
except
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where the repair or replacements are covered under a warranty running in
favor of the Lessor.
d. If Lessee fails to repair property as required hereunder to the
reasonable satisfaction of Lessor as soon as it is reasonably possible,
after written request, Lessor shall hereby have the right to enter the
leased premises as is necessary to effect repairs and to make such repairs
at Lessee's expense, without liability for any loss or damage that may
accrue to Lessee's merchandise, fixtures or other property or to Lessee's
business by reason thereof. Upon completion of such repairs, Lessee shall
pay as additional rent Lessor's costs for making such repairs within
ten (10) days of presentation of the bill therefor by Lessor, which shall
be conclusive evidence of the amount of such costs. Lessee's failure to
make such repayment shall constitute a default under the terms of this
Lease. Nothing herein shall imply any duty upon the part of the Lessor to
do any such work and performance of such work by the Lessor shall not
constitute a waiver of the Lessee's failure to have performed such work.
e. Lessee shall indemnify and hold Lessor harmless from and against
any an all costs, expenses, claims losses, damages, fines or penalties,
including reasonable attorney's fees, because of or due to Lessee's
failure to comply with any of the provisions of this Lease, including
Lessee's duty to repair. Lessee shall not call upon Lessor for any
disbursement or outlay of money whatsoever in connection with such repairs
and hereby expressly releases and discharges Lessor of an from any
liability or responsibility whatsoever in connection therewith, including
any repairs made by Lessor pursuant to the terms of Subsection (d) above.
14, Liability Insurance: Lessee agrees to indemnify and save the
Lessor harmless from and against any and all claims, demands, damages,
costs and expenses, including reasonable attorney's fees for the defense
thereof, for damages or injuries to goods, wares, merchandise and
property, and for any personal injury or loss of life in, upon or about
the demised premises.
a. The Lessee agrees to provide on or before the commencement date
of the term herein and keep in force during the term of this Lease, a
comprehensive liability policy of insurance, insuring the Lessor and
Lessee against any liability whatsoever occasioned by accident or
occurrence on or about the demised premises or any appurtenances thereto.
Such policy shall be written by an insurance company with a best rating of
AAA, in the amount of One Hundred thousand Dollars ($100,000.00) in
respect of any one (1) person, and in the amount of Three Hundred thousand
dollars $300,000.00) in respect of any one (1) accident and One Hundred
thousand Dollars ($100,000.00) for property damage. Said policy shall
contain an undertaking by the insurer to give Lessor not less than ten
(10) days written notice of any cancellation or change in scope of amount
of coverage of such policy. Certificates of insurance for all applicable
coverages hereinabove stated, together with evidence of payment therefore,
shall
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be delivered to Lessor upon request. Lessee shall renew said policies not
less than thirty (30) days prior to the expiration date thereof from time
to time, and furnish said certificates and receipted invoices of payment
therefore to Lessor. If Lessee fails to comply with this requirement,
Lessor may obtain such insurance and keep same in effect and Lessee shall
pay Lessor the cost thereof upon demand as additional rent.
b. The Lessee shall comply with all safety engineering
recommendations and requirements due to city, county, state or insurance
company regulations that might affect the insurability in any manner of
the Lessor or any Lessee in the premises.
15. Fire Insurance and Destruction of Demised Premises:
a. In the event the demised premises are partially damaged by fire
or other casualty, the damages shall be repaired by, and at the expense
of, the Lessor. The rent shall be equitbly apportioned for the duration of
such repairs in proportion to the extent to which the premises are
tenantable by the Lessee. Notwithstanding the foregoing provisions, in the
event the demised premises shall be damaged by fire or other casualty due
to the fault or neglect of the Lessee or persons in the employ or control
of the lessee, then, without prejudice to any rights or remedies of the
Lessor, the damage shall be repaired by the Lessor, but there shall be no
apportionment or abatement of any rent.
b. If the premises are totally damaged by fire or other casualty,
rent shall abate until restoration or rebuilding has been completed by
Lessor; provided, that Lessor hereby retains the right to elect not to
restore or rebuild the demised premises and in such event Lessor may,
within ninety (90) days after such fire or other cause, give Lessee a
notice in writing of such decision and thereupon the term of this Lease
shall expire by lapse of time upon the third (3rd) day after such notice
is given and Lessee shall vacate the demised premises and surrender the
same to Lessor.
16. Waiver of Subrogation: Lessee releases and waives any claim or
right of recovery against Lessor, its agents, subsidiaries and affiliated
corporations for any loss resulting from causes covered by insurance and
shall procure a waiver of subrogation on the part of the insurer against
Lessor by an endorsement to all insurance policies whereby the insurer
recognizes that the insured has waived any right of recovery from Lessor,
its agents, subsidiaries and affiliated corporations. A copy of such
endorsement shall be deposited with Lessor.
17. Subordination: this Lease and the rights of the Lessee hereunder
are hereby made subject and subordinate to all bona fide mortgages now or
hereafter placed upon the said premises by the Lessor or any other owner,
provided however, that such mortgages will not cover the equipment and
furniture
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or furnishings on the premises owned by the Lessee. The Lessee hereby
further agrees to execute any instrument of subordination as may be
requested by Lessor.
18. Condemnation: If the demised premises, or any part thereof, is
taken by eminent domain, this Lease shall expire on the date when the
demised premises shall be so taken and the rent shall be apportioned as of
that date. No part of any award shall belong to the Lessee.
19. Bankruptcy/Insolvency: Lessee agrees that, if the estate created
hereby shall be taken upon execution, attachment, or any other process of
law, or if the Lessee shall be adjudged a bankrupt or insolvent, or any
receiver or trustee be appointed for the business and property of the
Lessee, or if Lessee makes any assignment of the Lessee's property for the
benefit of creditors, or if Lessee shall file a voluntary petition in
bankruptcy or apply for reorganization or any extension agreement with its
creditors under the bankruptcy or other federal or state law now in force
or hereafter enacted and any such execution, attachment, order,
assignment, or action be not vacated or set aside within thirty (30) days
thereafter, then Lessor may, if it so elects, upon ten (10) days written
notice to Lessee, terminate this Lease, or Lessor, at Lessor's option
shall have the right to pursue such other remedies as may be allowed at
law or in equity against the Lessee, and any and all other parties who may
be liable. In addition to other remedies there shall be no refund of
prepaid rental or security deposit upon termination of the Lease under the
terms of this Section and any such amount shall be retained by Lessor as
liquidated damages.
20. Default If Lessee defaults in the prompt performance of the
terms, covenants, and conditions of this Lease, including without
limitation abandonment or vacation of the premises or failure to pay rent,
Lessor may:
a. Immediately enter on the leased premises and repossess the same
as of its former estate, and expel Lessee and those claiming under Lessee,
and remove their effects without being deemed guilty of any manner of
trespass and without prejudice to any remedies which might otherwise be
used for arrears of rent or preceding breach of covenant.
Should Lessor elect to re-enter, as herein provided, or should it
take possession pursuant to legal proceedings or pursuant to any notice
provided for by law, it may either terminate this Lease or it may from
time to time, without terminating this Lease, make such alterations and
repairs as may be necessary in order to relet the premises, and relet said
premises or any part thereof for such term and at such rental and terms as
Lessor may deem advisable. Upon each such reletting, all rentals received
by Lessor from such reletting shall be applied, first, to the payment of
any indebtedness other than rent due hereunder from Lessee to Lessor;
second, to the payment of any costs and expenses of such reletting,
including brokerage fees and attorney's fees and costs of such alterations
and repairs; third, to the payment of rent due and unpaid hereunder, and
the residue, if
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any, shall be held by Lessor and applied in payment of future rent as the
same may become due and payable hereunder. If such rentals received from
such reletting during any month be less than that to be paid during that
month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor.
No such re-entry or taking possession of said premises by Lessor shall be
construed as an election on its part to terminate this Lease unless a
written notice of such intention be given to Lessee. Notwithstanding any
such reletting without termination, lessor may at any time thereafter
elect to terminate this Lease for such previous breach. Should Lessor at
any time terminate this Lease for any breach, in addition to any other
remedies it may have, it may recover from Lessee all damages it my incur
by reason of such breach, including the cost of recovering the leased
premises, reasonable attorney's fees, and including the worth at the time
of such termination of the excess, if any, of the mount of rent and
charges equivalent to rent reserved in this Lease for the remainder of the
stated term over the then reasonable rental value of the elapsed premises
for the remainder of the stated term. In case suit shall be brought for
recovery of possession of the leased premises, for the recovery of rent or
any other amount due under the provisions of this Lease, or because of the
breach of any other covenant herein contained on the part of Lessee to be
kept or performed, and a breach shall be established, Lessee shall pay to
Lessor all expenses incurred therefor, including a reasonable attorney's
fee; or
b. All rental payments, including future rent payments, shall become
immediately due and payable, at the option of the Lessor, and the Lessor,
at his option, shall have the right at any time thereafter to re-enter
said premises and may recover possession thereof without demand for rent
or re-entry, and in such event the Lessee agrees to peaceably deliver
possession of said premises to the Lessor. The Lessor shall have all the
rights and remedies afforded to him by the laws of the State of Florida in
order to recover possession of the premises or in the collection of the
rentals or both at their option.
Should the Lessee default in the payment of any rentals reserved, or
fail to perform any of the covenants or conditions in this Lease, he
agrees to pay the Lessor all damage sustained by said Lessor by reason of
the Lessee's breach, including the expenses of repossession of the
premises, together with all costs and a reasonable attorney's fee if it
becomes necessary to employ an attorney for the purpose of enforcing the
rights of the Lessor hereunder, whether suit be brought or not.
Lessee hereby expressly waives service of any notice of intention to
re-enter. Lessee hereby waives any and all right to recover or regain
possession of the demised premises or to reinstate or redeem this Lease as
is permitted or provided by or under any statute, law or decision now or
hereafter in force and effect.
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21. Extended Term: Upon the expiration of the original lease term,
and so long as Lessee is not in default hereunder, Lessee shall have the
option to extend the initial term of this Lease for ______________.
Lessee shall exercise this option(s) by giving Lessor written notice not
later than ninety (90) days prior to the expiration of the existing term.
Any such extension period shall begin upon the expiration of the
immediately preceding term. The terms and conditions of this Lease shall
apply during any extended term and Lessee shall pay increased rental for
the extended term as provided in Section 3.
22. Entire Agreement: This memorandum constitutes the entire
agreement between the parties. Any supplemental memoranda or modification
must be in writing and signed by the parties hereto.
23. Attorney's Fees: In connection with the enforcement of the
Lessor's rights hereunder, warranties contained herein or the performance
required herein in the event of litigation, judicial or quasi-judicial
process, the Lessor shall be entitled to payment of all costs and
attorney's fees, whether incurred in or out of court, on appeal, in
negotiation, arbitration, in bankruptcy court or otherwise.
24. Miscellaneous:
a. Except as otherwise provided herein, all provisions of this Lease
shall be binding upon and inure to the benefit of the respective parties
hereto, their heirs, personal representatives, successors and assigns.
b. 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 herein.
c. It is understood and agreed between the parties hereto that
written notice mailed or delivered to the premises leased hereunder shall
constitute sufficient notice to the Lessee and written notice mailed or
delivered to the office of the Lessor shall constitute sufficient notice
to the Lessor, to comply with the terms of this Lease.
d. 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.
e. It is understood and agreed that any signs or advertising to be
used, including awnings, in connection with the premises hereunder shall
be first submitted to the Lessor for approval; by demand the removal of
signs which are not so approved and Lessee's failure to comply with said
request within forty-eight (48) hours shall constitute a default
hereunder. In addition to any of Lessor's rights hereunder in the event of
such a default, Lessor may cause the sign to be
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removed and the building repaired at the sole expense of Lessee and said
amount shall constitute additional rental hereunder. At the termination of
this Lease, Lessee will remove all signs placed by it upon the demised
premises and will repair any damage caused by such removal.
f. It is understood and agreed that the Lessee shall under no
circumstances be entitled to use space other than within the interior of
the demised premises for the storage of personal property.
g. Parking will be provided Lessee in accordance with the site plan.
h. Lessor and lessee do each hereby respectively represent to the
other that it has the capacity and authority to enter into this Lease
Agreement.
i. This Lease shall be construed, interpreted and governed according
to the laws of the State of Florida.
j. Words of any gender used in this Lease shall be held to include
any other gender and words in the singular number shall be held to include
the plural and vice versa, when the context requires.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement
the day and year first above written.
REMPROP INCORPORATED
Signed in the presence of:
/s/ Cheryl L. Crim By: /s/Richard E. Metz, President (Title)
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TRIPLE A HOMES, INC.
As to Lessor
/s/ Cheryl L. Crim By: /s/ Richard E. Metz, President
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