Hulihan Territory- Commercial Lease 11-01-06 v (2) CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904)247-5800
; FAX: (904)247-5805
tt‘ SUNCOM: 852-5800
- www.coab.us
r
November 16, 2006
Scott Hulihan
Hulihan Territory Inc.
1177 Atlantic Boulevard
Atlantic Beach, FL 32233
Dear Mr. Hulihan;
Attached is a copy of the fully executed lease agreement to provide parking next to your property
on Atlantic Boulevard. If you have any questions or need any additional information please let
me know. I am,
Very truly yours,
J. Hanson
ity Manager
cc: Debbie Ramsay
t ,
COMMERCIAL LEASE
This Lease is entered into by and between City of Atlantic Beach, FL, a municipal corporation,
800 Seminole Road, Atlantic Beach, FL 32233,U.S.A. ("Landlord"), and Hulihan Territory, Inc.
a Florida corporation, 1177 Atlantic Blvd., Atlantic Beach, FL 32233, U.S.A. ("Tenant").
In consideration of the mutual covenants contained herein and other valuable consideration
received, and with the intent to be legally bound, Landlord and Tenant agree as follows:
1. PREMISES,Landlord hereby leases to Tenant,and Tenant hereby leases from
Landlord,the following premises:
(Shown as"Gravel Parking" and "Dirt Parking"on Exhibit A attached)
2. TERM. The term of this Lease will commence on November 1, 2006 and will
continue from month to month on the same terms and conditions herein. Either party may
terminate this Lease upon 30 days prior written notice to the other party. This Lease may also
terminate sooner according to the provisions hereof.
3. RENT. Tenant agrees to pay to Landlord, without any deductions or set off, rental
payments in the amount of$225.00 per month, payable in advance on the 1s1 during the term of
this Lease. Rent shall be paid to Landlord at
800 Seminole Road, Atlantic Beach, FL
Attn: Cashiers Office
or, at such other address as Landlord may specify in writing to Tenant. Time is of the essence in
this Lease.
4. LATE CHARGES. If Tenant fails to pay any installment of rent or any other amount
due hereunder within 5 days of the date the same is due, Tenant shall pay Landlord a late
payment charge equal to 5%of the overdue amounts.
5. USE. The Premises shall be used by Tenant solely for Parking only for employees of
Hulihan Territory, Inc. and for activities incidental thereto. Tenant may not use the Premises for
any other purposes without obtaining the prior written consent of Landlord.
6. LIABILITY INSURANCE. During the term of this Lease and any extension or
renewal, Tenant shall maintain, at its sole expense,public liability and property damage
insurance with respect to the Premises with such company as may be acceptable to Landlord.
Such policy shall have limits for personal injury of at least$100,000.00 with respect to one
person, and at least $300,000.00 with respect to more than one person in any one occurrence, and
at least $100,000.00 for property damage. Such policy shall name Landlord and Tenant as the
insureds, as their interests may appear, and shall provide that the insurer may not change or
cancel such insurance without giving 21 days prior written notice to Landlord. Tenant shall
furnish Landlord with a copy of such policy or a certificate of insurance upon Landlord's
request.
7. MAINTENANCE AND CONDITION. Tenant shall maintain and repair the
following: All leased property. Tenant shall keep the same clean, safe and in as good order and
repair as they were at the commencement of this Lease, ordinary wear and tear excepted. Tenant
will pay for all damages to the Premises and repairs required due to any act or negligence of
Tenant or others. Landlord and Tenant each agree to maintain and repair the premises in
compliance with all laws, ordinances and regulations applicable to them. Tenant agrees to
promptly give notice to Landlord of any required repairs or unsafe conditions and Landlord will
be afforded a reasonable period of time to complete the same.
8. TENANT'S IMPROVEMENTS. Tenant shall not make any alterations, additions or
improvements without on each occasion obtaining the prior written consent of Landlord, which
consent shall not be unreasonably withheld. Unless otherwise agreed in writing, all alterations,
additions and improvements shall become the property of Landlord and shall remain on the
Premises at the expiration of this Lease;provided, however, that Landlord, at its option, may
require Tenant to remove any such alterations, additions or improvements and restore the
Premises to its former condition.
9. DISCHARGE OF LIENS. Tenant agrees to promptly pay its contractors and suppliers
for all work performed and materials furnished to the Premises, if any. In the event any
mechanic's or similar lien is filed on the Premises or building in which the Premises are located
which is claimed to arise from Tenant's actions, Tenant shall, at its sole expense, discharge or
bond against such lien within 10 days of notice from Landlord.
10. DELIVERY OF POSSESSION. If Landlord is unable through no fault on its part to
deliver possession of the Premises to Tenant on the commencement date,this Lease will
continue in effect, but rent and other amounts will be prorated according to when possession is
given to Tenant. The term of this Lease will not be extended by any such delay. If Landlord is
unable to deliver possession within 30 days of the commencement date, either Landlord or
Tenant may terminate this Lease and all Payments made will be returned to Tenant and all
obligations to the parties will cease. Landlord will not be liable for any damages for such delay
or failure to deliver.
11. QUIET ENJOYMENT. By paying rent and observing all the agreements,terms and
conditions herein, Tenant shall peaceably and quietly have, hold and enjoy the Premises during
the term of the Lease and any extension or renewal, subject to the provisions hereof.
12. ACCESS. Landlord and its against may enter the Premises at all reasonable times to
conduct inspections and make necessary or desired repairs or improvements. Landlord may also
enter the Premises when the same appear to be abandoned.
13. COMPLIANCE WITH LAW. Tenant, at its sole expense, shall comply with all
present and future laws, ordinances, regulations and requirements of any federal, state or local
authority relating to Tenant's use of the Premises. Tenant shall not make or permit any waste on
the Premises, or any nuisance or use which might interfere with the enjoyment of other tenants or
persons in the general area of the Premises. Tenant shall not commit or permit any act or use of
the Premises which may increase the fire hazard or the cost of fire or other insurance on the
building in which the Premises is located, or cause the cancellation of such insurance. Tenant
shall pay and additional insurance premiums resulting from Tenant's use of the Premises.
Tenant shall obtain, at its sole expense, any licenses or permits which may be required for
Tenant's use of the Premises.
14. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, transfer or encumber
this Lease, nor sublet all or any portion of the Premises, not permit the occupation by others,
without on each occasion obtaining the prior written consent of Landlord, which consent shall
not be unreasonably withheld. Consent of Landlord on any one occasion shall not be deemed a
waiver of the necessity for consent on any other occasion. Notwithstanding any assignment or
subletting, Tenant shall remain primarily liable for the payment of rent and the performance of
all covenants,terms and conditions of this Lease. Any attempt to assign or sublet without
Landlord's consent shall be void and shall entitle Landlord, at its option,to terminate this Lease.
15. LOSS OR DAMAGE. Unless caused by negligence of Landlord, Landlord will not
be liable for any loss, damage or theft of any property of Tenant or others kept or stored in or
about the Premises. Tenant acknowledges that it is Tenant's responsibility to insure its own
property and improvements.
16. INDEMNIFICATION.(a) Tenant shall indemnify and hold Landlord harmless from
any and all claims, loss, damage liens, expenses, including reasonable attorney's fees, and
liabilities of whatever nature, arising out of or relating to (i), any default by Tenant in the
performance or observance of any covenant,term or condition of this Lease , (ii) loss or damage
to any property or injury or death to Tenant or any person occurring on or about the Premises due
to any cause other than Landlord's negligence, and (iii) Tenant's use and occupancy of the
Premises. (b) Landlord shall indemnify and hold Tenant Harmless from any and all claims, loss,
damages, liens, expenses, including reasonable attorney's fees, and liabilities of whatever nature,
arising out of or relating to any default by Landlord in the performance or observance of any
covenant,term or condition of this Lease.
17. DEFAULT. Tenant shall be in default of this Lease upon the occurrence of any one
of the following events:
(a) failure to pay an installment of rent or any other amount required herein which
shall continue for 15 days after the same is due;
(b) failure to perform or observe any other covenant,term or condition of this
Lease which shall not be corrected within 15 days after written notice from
Landlord, or for such longer period as may be reasonably necessary to correct
such default;
(c) abandonment or cessation of business operations at the Premises by Tenant;
(d) any misrepresentation or omission of or on behalf of Tenant made to Landlord
in connection with this Lease;
(e) the taking of the leasehold created hereby on execution or by other process of
law;
(f) insolvency or failure of Tenant or any guarantor to generally pay its debts as
they become due;
(g) assignment for the benefit of creditor of, or appointment of a receiver or other
officer for, all or any part of Tenant's or any guarantor's property;
(h) adjudication of bankruptcy, or filing of a petition under any bankruptcy or
debtor's relief law by or against Tenant or any guarantor.
18. REMEDIES OF LANDLORD.
(a) Upon any default by tenant, Landlord may, at its option, terminate this Lease
and/or commence eviction proceedings in accordance with the laws of Florida. Upon any such
default, Landlord shall also have the right to enter upon the Premise or any part thereof, with
demand or notice, and repossess the same and expel Tenant and any other occupants and their
effects, either with or without terminating this Lease. Any entry may be with or without process
of law, by force if necessary, or otherwise according to law. No entry shall subject Landlord to
any liability for trespass or damages. Upon any entry or termination, Landlord agrees to use
reasonable efforts to relet the Premises on Tenant's behalf or otherwise, for such term and rent as
Landlord may determine. No act or failure to act by Landlord shall waive any remedies which
Landlord may have for arrears of rent or breach of covenant or release Tenant from any liability
whosoever.
(b) Upon any termination or entry as above, Tenant shall indemnify Landlord
against all loss of rents and other amounts which Landlord may incur over the remainder of the
term in addition to paying all overdue rent and other payments. At Landlord's election, Tenant
shall pay to Landlord an amount equal to the excess of the rent and other payments hereunder for
the remainder of the term over the fair rental value of the Premises over the same period. Tenant
shall also pay to Landlord all costs and expenses incurred by Landlord by reason of Tenant's
default including, without limitation, attorney's fees, costs of regaining possession and reletting
the Premises, broker's fees, storage fees and repairing and cleaning costs.
19. NO WAIVER. The failure of Landlord or Tenant to require strict performance by
the other of any covenant, term or condition of this Lease is not a waiver for the future of any
breach of the same or any other covenant, term or condition herein. Landlord's acceptance of
rent is not a waiver of any'breach by Tenant.
20. REMEDIES CUMULATIVE. To the extent permitted by law, the rights and
remedies of Landlord herein are cumulative, and the exercise of any one of them will not be
deemed to be in exclusion of any other. The rights and remedies herein are in addition to any
other rights and remedies available to Landlord at law or equity.
21. RIGHT TO CURE OTHER'S DEFAULT. If either Landlord or Tenant fails to
perform any covenant, term or condition of this Lease, the other party may, after giving
reasonable notice, perform such covenant,term or condition and expend whatever sums may be
necessary. All sums expended shall be repaid on demand. This performance shall not waive any
rights or remedies which either party may have against the other for such default.
22. SUBORDINATION OF LEASE. This Lease is subject and subordinate to all present
and future mortgages, trust deeds and other security instruments that may be placed on the
property in which the Premises are located; provided that for so long as Tenant is not in default
of this Lease, no foreclosure or similar proceeding will terminate this Lease or impair any of
Tenant's rights. In the event of any such proceeding, Tenant shall attorn to the new owner and
accept such successor as the new Landlord under this Lease. Although no further act by Tenant
is necessary to accomplish the above, Tenant agrees to sign any other instruments evidencing
this subordination and attornment as Landlord may reasonably request.
23. UNAVOIDABLE DELAYS. Neither party will be liable for any delay or failure in
the performance of any of its obligations herein when due to labor disputes, inability obtain
materials or services, wars, governmental laws or restrictions, weather, acts of God,or any other
cause beyond the reasonable control of such party. Provided, however, that this section shall not
excuse Tenant from the prompt payment of rent or any other amount due herein.
24. SURRENDER AND HOLDING OVER. No surrender of the Premises or this Lease
shall be effective unless accepted in writing by Landlord. At the expiration or sooner
termination of this Lease, Tenant will remove its effects and peaceably deliver possession of the
Premises to Landlord in as good repair and condition as they were at the commencement of their
Lease, ordinary wear and tear excepted. Any property left on the Premises after Tenant vacates
or abandons the Premises shall be deemed abandoned and Landlord may remove, store and/or
dispose of the same as it sees fit, subject to applicable law. If Tenant holds over beyond the
expiration or termination of this Lease and rent is accepted by Landlord, a month-to-month
tenancy only shall be created which will otherwise be governed by the terms and conditions of
this Lease. Nothing in this section shall be construed as consent to any holding over by Tenant.
25. TERMINATION IN EVENT OF SALE. It is expressly agreed that Landlord, at its
option, may terminate this Lease or any extension or renewal upon 30 days prior written notice
to Tenant in the event of a sale of the building containing the Premises.
26. LIMITED LIABILITY. It is expressly agreed that neither Landlord nor any
individual, partner, shareholder or member comprising Landlord shall be personally liable under
this Lease. In the event Landlord breaches any provision of this Lease, Tenant will look solely
to the equity, if any, of Landlord in the building in which the Premises is located to satisfy its
claims and remedies, and Landlord's liability shall not exceed such equity interest.
•
27. NOTICES. All notices and communications under this Lease shall be in writing and
shall be deemed to be property given when delivered personally or sent by certified mail, return
receipt requested,to Landlord at
800 Seminole Road, Atlantic Beach, FL 32233 U.S.A.
or
Tenant at 1177 Atlantic Blvd., Atlantic Beach, FL 32233 U.S.A
or,to such other address as either party may specify in writing to the other.
28. ENTIRE AGREEMENT. The parties acknowledge that they have read and
understand the terms of this Lease. This Lease contains the entire agreement and understanding
between the parties regarding the Premises and is subject to no agreement, conditions or
representations that are expressly set forth herein. This Lease may only be amended in writing
and signed by both Landlord and Tenant.
29. INVALID PROVISION. If any provision of this Lease shall be invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
30. CAPTIONS. The captions in this Lease are inserted only for convenience and in no
way construe or interpret the provisions hereof affect their scope or intent.
31. PARTIES BOUND. This Lease shall be binding upon and shall inure to the benefit
of the parties and their respective heirs, legal representatives, successors and assigns. Provided,
however, that if Landlord sells the building in which the Premises is located, Landlord shall be
released from all liabilities under this Lease. The purchaser, as successor Landlord shall be
deemed to have assumed all of the obligations and liabilities of Landlord under this Lease. The
purchaser, as successor landlord, shall be deemed to have assumed all other obligations and
liabilities of Landlord under this Lease.
32. RIDERS. The riders an exhibits, if any, attached hereto and initialed by parties are
made a part of this Lease.
IN WITNESS WHEREOF, this Lease is executed under seal on November /3 , 2006.
Executed in the presence of: LANDLORD
Afila c i-r, rJAUr-d (Seal)
Donna Bussey, City Clerk ( qtys f Atlantic Mach, FL, a municipal corporation
TEN ► /
lAte (Seal)
Witness u -an Territory, Inc., a Florida corporation
GUARANTY
FOR VALUE RECEIVED, and in consideration of Landlord entering into the above Lease with
tenant,the undersigned,jointly and severally, hereby unconditionally guarantee the prompt and
full payment of rent and other amounts due thereunder, and the performance by Tenant of all
other obligations, terms and conditions of the Lease, and any extension or renewal thereof. The
undersigned waive notice of acceptance of this Guaranty, demand, notice of Tenant's default,
and suretyship defenses of all kinds.
Landlord may extend the time of payment or performance, or release or grant any indulgence to
Tenant without releasing the liability of the undersigned. Landlord need not proceed against
Tenant prior to proceeding against the undersigned. The undersigned,jointly and severally, agree
to pay all costs, expenses and attorney's fees incurred by Landlord in enforcing the Lease and
this Guaranty.
Dated: November , 2006
Executed in the presence of:
GUAR O
(Seal)
WITNESS Scott Hulihan
•
'FNESS
STATE OF FLORIDA
COUNTY OF DUVAL
In oZ 0060 , on the CIS day of (vOV(,vwbeC , before me, a Notary Public in and
for the above state and county, personally appeared City of Atlantic Beach, FL, a municipal
corporation, known to me or proved to be the person named in and who executed the foregoing
instrument, and being first duly sworn, such person acknowledged that he executed said
instrument for the purposes therein contained as his free and voluntary act and deed.
to•"Y�'•• DONNA L.buoot
:.: �• °7�:� MY COMPASSION N DD 412624
/� ' EXPIRES:
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NOTARY PUBLIC
My Commission Expires: /' Iwtch 34 2009
(SEAL)
STATE OF FLORIDA
COUNTY OF DUVAL
In a 0 0(o , on the 6144" day of Al o vtro be , before me, a Notary
Public in and for the above state and county, personally appeared Hulihan Territory, Inc., a
Florida corporation, known to me or proved to be the person named in and who executed said
instrument for the purposes therein contained as his free and voluntary act and deed.
1M+eY. DONNA L.BUSSEY
MY COMMISSION M DD 4126
24
Cr % 1w EXPIRES:March 30,2009
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Bonded Thru Notary Public Underwriters
NOTARY PUBLIC j�1.4 n
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My Commission Expires: Mar ' 30 2001 FD L 1460- 7ql I -7D - 00-7- 0
(SEAL)