LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 2nd day of August 2001, hereinafter called Lessor, and CYBERADS, INC., hereinafter called Lessee.
WITNESS, that Lessor, for and in consideration of the agreement and covenants hereinafter expressed, to be fulfilled and performed by the Lessee, does hereby lease and demise unto the Lessee, and the Lessee does hereby hire and take from the Lessor, an office constituting approximately 3570 square feet on the 1st floor at suite number (s) 100, of the building located at 4401 N. Federal Highway, Boca Raton, Fl. 33431 on lands owned by Lessor.
TO HAVE AND TO HOLD the premises for a term of 36 months, commencing on the 18t day of September 2001, and terminating on the 318t day of August 2004, both dates inclusive with an option to renew for an additional term of 36 months, provided that notice of Lessee's intent to exercise such renewal option is delivered to Lessor on or before 60 days prior to the end of the initial term of this lease.
1. RENT. Lessee agrees to pay Lessor the sum of $214,200.00 as the total agreed rent for the term of the lease, which sum Lessee agrees to pay inequal monthly installments of $5652.50* (See paragraph#32) each on or before the 1st day of each and every month for and during the term of this lease, without demand or invoice, at the Lessor's office at DF PROPERTIES 21695 Marigot Drive, Boca Raton, FL. 33428 or at such other place and to such other person as the Lessor may from time to time designate in writing. In addition to the aforesaid rent, on the date of each monthly rental payment, Lessee agrees to pay the Lessor Florida State Sales Tax, if not exempt, at the rate of $339.15 per month, or such other amounts as may be specified by law from time to time. The total installment amount for rent and tax due monthly for the 1st year of this lease is $5991. 65.
2. SECURITY DEPOSIT. Lessor hereby acknowledges receipt from Lessee in addition to all other monies received, of$5652.50, which sum Lessee has deposited and shall keep on deposit with Lessor as security for the performance by Lessee of all the terms, covenants and conditions of this lease. Notice of Lessee's intent to vacate the leased premises upon expiration of the lease terms must be delivered in writing to Lessor at least 60 days prior to anticipated move-out date. Failure to give such written notice to Lessor will result in automatic forfeiture of entire security deposit upon vacating. Nothing herein shall prejudice Lessor's right to appropriate or forfeit the security deposit under any other circumstances. If at any time during the existence of the tenancy initiated by this lease, the Lessee shall be in default hereunder, the Lessor shall have the right to apply the said deposit, or so much thereof as maybe necessary, towards the reimbursement to Lessor for any expenditures that shall be incurred by it by reason of such default; and in the event such deposits hall be diminished or depleted by any such manner, such sums as shall be necessary to restore said deposit to the original amount set forth above shall be due Lessor immediately. If the amount of such deposit shall be insufficient to reimburse and fully discharge such expenses and damages, the Lessee shall bean d remain fully liable for the balance thereof remaining unpaid, and shall forthwith pay the amount of such balance and deficiency to the Lessor. The security deposit shall not draw interest and shall be refunded by the Lessor pursuant to the foregoing provisions of this paragraph. Applications of the security deposit towards reimbursement of the Lessor, pursuant to this paragraph, shall not in any way prejudice or diminish any other right or remedy which the Lessor may have against the Lessee, either under this lease or by operation of law. Lessee agrees to use chair protectors under chairs where required to prevent carpet damage.
3. USE OF PREMISES. The premises shall be used for the following purposes: professional offices retail store as allowed by the city of Boca Raton, and for no other purposes whatsoever, without the prior written consent of the Lessor.
4. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, transfer or sublet the premises, or any part thereof, without the prior consent of the Lessor, and the Lessor must approve in writing both the tenants and the business to be conducted therein. In the event of an assignment or sublease of the premises, Lessee shall remain liable to the Lessor for the payment of rent and for the faithful performance of the covenants and conditions of this lease by the assignee or sublease, to the same extent as though said premises had not been assigned or sublet.
5. SIGNS. The Lessee shall not affix or display any signs, pictures, lettering advertisements, awnings or merchandise on any interior or exterior glass door or window, or on any other exterior portion of the leased premises, including adjacent grounds, without the prior written consent of the Lessor. Lessee shall bear the cost of removing any of its signs and the cost of any damage caused by such removal. Lessee shall have the right to use at their expense the marquee sign located in the front of the building. All expense associated with signs including installation and maintenance shall be the responsibility of the lessee. Any and all signs to be located on the leased premises shall be purchased by the Lessee and paid for by the Lessee.
6. REPAIRS, MAINTENANCE AND ALTERATIONS. Lessee acknowledges that he has inspected the premises, that they are in good repair, and agrees to accept the premises in their present conditions, except as otherwise specified in writing herein. Lessee agrees to maintain and to surrender the premises, including any equipment and fixtures of the Lessor now or hereafter installed thereon, in the same condition, order and repair as they are at the commencement of the lease, excepting only the reasonable wear resulting from the use of the premises pursuant to this lease. Lessee shall be responsible for the maintenance and repair of all damage from whatever cause, of all windows and doors (including glass and frames) appurtenant to the premises. Lessee shall carry adequate insurance for such damage and submit evidence thereof to Lessor. Lessee shall not commence or install any additions, alterations, improvements, wall covering, fixtures or partitions on the lease premises, without the prior written consent of the Lessor.
7. DELAYED SERVICE. The obligation of Lessee to pay rent and perform all of the other covenants and agreements hereunder on the part of the Lessee to be performed, shall in no wise be affected or excused because Lessor is unable to supply or is delayed in supplying any service to be supplied, or is unable to make, or is delayed in making any repair, addition, alteration, or decoration, or is unable to supply or is delayed in supplying any equipment or fixtures, if Lessor is prevented or delayed from so doing by reason of an act of God or other natural disaster, or governmental preemption due to a national emergency declared by the President of the United States, or in connection with any order or regulation of any department or subdivision of any governmental agency, or by reason of conditions of supply and demand which have been, or are affected, by war or other emergency.
8. DELAYED OCCUPANCY. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for occupancy, or due to a prior tenant wrongfully holding over or any other person wrongfully in possession or for any other reason. In such event the rent shall not commence until possession is given or is available, but the term herein shall not be extended.
9. SERVICES PROVIDED BY LESSOR. Lessor shall furnish and pay for the services indicated below.
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LESSOR PAID |
LESSEE PAID |
WATER |
______ |
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ELECTRICITY |
______ |
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OFFICE CLEANING |
______ |
______ |
AIR CONDITIONING MAINTENANCE |
______ |
______ |
AIR CONDITIONING REPLACEMENT |
______ |
______ |
PROPERTY TAXES |
______ |
______ |
PLUMBING |
______ |
______ |
BUILDING TRASH REMOVAL |
______ |
______ |
INSURANCE |
______ |
______ |
LICENSE/INSPECTION FEES |
______ |
______ |
Lessor shall in no event be liable to Lessee for a reduction or stoppage in electrical, water, plumbing, air conditioning or elevator service caused by or beyond the control of Lessor.
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