10-26-15- Handout- Tenant Lease l
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•t E`.A2v r LEASE FOR ME ATLANTIC PALMS PLAZA
This LEASE AGREEMENT is made and entered into this first day of June 1997 by and between John L.
Green and William W. Nicol, herein after referred to as Lessor, and Barry Adeeb d.b. a. Atlantic Beach
Diner, hereinafter referred to as Lessee.
Witnesseth That: The Lessor, for and consideration of the rents hereinafter to be paid by the Lessee and the
covenants herein to be made and kept by the Lessee, hereby demises and leases unto the Lessee that certain
premises located in Duval County, Florida.
Square feet: 1900 ±1-_ Address : 501 Atlantic Blvd.
Atlantic Beach, F1. 32233
To Have And To Hold for an initial term beginning on the first day of June, 1997, and ending on the 31"
day of May, 2002 unless such term shall be sooner terminated as hereinafter provided.
1 . RENT. In consideration of said demise the Lessee covenants and agrees to pay to the lessor as rent for
said premises the total aggregate sum of $ 19, 000 the first yen in monthly installments of $ 1583 .33 per
month with the first such installment due and payable on June 1 , 1997, and a like installment due on the
same day of each and every month thereafter during the remaining term of the first year of this lease
without demand The monthly rental rate stated herein does not include any applicable sales and use taxes,
which shall be added to such rent and paid each month by Lessee. After the first year, the rent for each
following year shall be increased by an amount of S . 50 per square of the preceding yen. Lessee may
prepay any year' s total rent in advance and receive a 6. 5% reduction off the total aggregate sum for that
year. In the event the lessee elects to pay any year in advance, the next years rent will still be based on the
preceding year' s base rent plus the S . 50 per square foot increase and not the discounted amount. All such
installments, or advance payment of rent, together with any other payments required to be made by Lessee
to Lessor hereunder, shall be payable at the office of the Lessor located at 535 Atlantic Boulevard, Atlantic
Beach. Florida 32233 or at such other location as may be hereafter specified by Lessor to Lessee. Any
payment not received by 12 pm of the 6th day of any month will be assessed a late fee of $25 plus $5 per
day after the 6th until paid Failure to pay any month ' s rent by the 30th of the month will cause Lessor to
issue a three day notice to Lessee to pay the rent and any incurred penalties and late fees. Failure to pay all
rents, penalties, and late fees by the third day will be cause to issue a notice of eviction. In the event of
eviction, the Lessee will still be responsible to the Lessor for the remaining term of the lease.
2. SECURITY DEPOSIT. The Lessor hereby acknowledges receipt of the sum of $ 1500 as security for
the full, faithful and punctual performance by the Lessee of the Lessee' s covenants and agreements
contained herein, and if Lessee shall abide by all the covenants and agreements contained herein, and shall
deliver up to Lessor the demised property at the end of the term or when this agreement is terminated in the
same condition as when originally demised to the Lessee by the Lessor, ordinary wear and tear excepted,
such sum shall be returned to Lessee, without interest, but otherwise such sum shall be retained by Lessor.
The rights of the Lessor against the Lessee for a breach of the Lessee' s covenants and agreements
contained herein shall in no way be limited or restricted by Raid security deposit, but the Lessor shall have
the absolute right to pursue any available remedy to protect the Lessor' s interest herein as if security
deposit h2s not been made.
3 . DEFAULT. Each of the following events shall be a default hereunder by Lessee and a breach of this
Lease Agreement:
(a) If Lessee shall fail to pay to Lessor any rent or ca les or use tax thereon as and when the same shall
become due and payable and shall not make such payment within ten( 10) days after notice thereof by
Lessor to Lessee:
(b) If Lessee or any successor or assignee .of Lessee, while in possession, shall file a petition in bankruptcy
or insolvency or for reorganization or arrangement under the Bankruptcy Act of any State, or shall
voluntarily take advantage of any such law or act by answer or otherwise, or shall take an assignment
for the benefit of creditors, or. if Lessee be a corporation, shall be dissolved, voluntarily or
involuntarily;
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(c) If involuntary proceedings under any such bankruptcy law or insolvency act, or for the dissolution of a
corporation shall be instituted against Lessee or such successor or assignee, or if a receiver or trustee
shall be appointed of all or substantially all of the property of Lessee or such successor or assignee;
(d) If Lessee shall fail to perform any of the conditions on Lessee ' s part to be performed and if such
nonperformance shall continue for a period of ten ( 10) days after notice thereof by Lessor to Lessee or
if such performance cannot be reasonably had within such ten ( 10) days period, Lessee shall not in
good faith have commenced such performance with such ten ( 10) day period and shall not diligently
proceed therewith to completion;
(e) If Lessee shall vacate or abandon the demised premises for a period of ten (10) days or more;
(f) If this Lease or the interest of Lessee hereunder shall be transferred or assigned in a manner other than
herein permitted; or
(g) If Lessee fails to take possession of the demised premises on the term commencement date or within
ten ( 10) days after notice that the demised 'remises are available for occupancy, if the term
commencement date is not fixed herein, and if such occupancy date shall not be deferred in writing by
Lessor.
4. LESSOR DEFAULT OPTIONS. In the event of the occurrence of any default specified hereunder, the
Lessor shall have the option, upon ten (10) day's written notice to the Lessee to:
(a) Terminate this lease, resume possession of the property for his own account, and recover
immediately from the Lessee the difference between the rent specified in this Lease and the
fair rental value of the property for the remainder of the term, reduced to present worth; or
(b) Resume possession and release or rent the property for the remainder of the term for the
account of the Lessee, and recover from the Lessee, at the end of the term or at the time each
payment of rent comes due under this lease as the Lessor may choose, the difference between
the rent specified in the lease and the rent received on the releasing or renting In either event,
the Lessor shall also recover all expenses incurred by reason of the breach, including
reasonable attorney' s fees.
5 . QUIET ENJOYMENT. Lessee hereby acknowledges that it has received the premises in thoroughly good
and tenantable order, health, safe condition and repair, of which the execution of this Lease, and Lessee' s taking
of possession hereunder, shall be conclusive evidence; and Lessee hereby further covenants that it will not
permit, commit or suffer any noise, disturbance or nuisance whatsoever, nor allow any unhealthy, unsafe or
untenantable condition on said premises which shall be detrimental to the premises or annoying to the neighbors
and, in the opinion of the Lessor, should said premises not be so maintained, then, in that event, this shall
constitute a default under the terms of this Lease Agreement, and Lessor shall have all the remedies set out
hereunder in the event of default.
6 . ASSIGNMENT. The Lessee covenants and agrees not to assign, transfer, mortgage, pledge or
hypothecate this leasehold or to sublet the demised premises or any part thereof without the prior written
consent of the Lessor. Any transfer of this Lease from the Lessee by merger, consolidation or liquidation
shall constitute an assignment for the purposes of this Lease.
7. ALTERATIONS. The Lessee shall not make any alterations or changes in the demised premises
without the prior written consent of the Lessor.
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8 . SECURITY FOR PAYMENT OF RENTS. •• -• : •1 • •r. 11 aiL un o he a- sor all
of the furniture fixtures : • . • • • • - 3: • - ' oh maybe •rou : l or ...• • : • - • :au ' sed
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p . — • 1a4 which are w �L on said At m : . , as a fe a to - a ire rents herein
reserved, and agrees that the Lessor's a a _ • ' a a- I It: be enforced by distress,
fo .- losure a al a : option of Lessor.
9. PREMISES. Lessee agrees that all merchandise, boxes, furniture, equipment, etc. , shall be kept in the
premises upon delivery and that Lessee will keep the exterior of the premises, including all common
passageways, sidewalks, alleyways and entranceways, free from all merchandise, boxes, furniture,
equipment, refuse and debris at all times.
10. LEGAL ACTION. Lessee shall indemnify and save harmless said Lessor from and against any and all
claims, suits, actions damages or causes of action arising during the teuu of this Lease for any personal injury,
loss of life, or damage to property sustained in or about the leased premises by reason or as a result of Lessee' s
occupancy thereof and from and against any orders, jnilgements or decrees which may be entered thereon and
from and against all costs, attorneys ' fees, expenses and liabilities incurred in and about the defense of any such
claim in the investigation thereof.
11 . LIABILITY INSURANCE. Lessee agrees, at its own expense, to maintain in full force and effect
during the lease term, a policy or policies of "Comprehensive Public Liability" insurance including
property damage, written by one or more responsible insurance companies licensed to do business in the
State of Florida, which will insure Lessee and Lessor (and such other persons, firms, or corporations as are
designated by Lessor) against liability for injury to persons and/or property and death of any person or
persons incurring in or about the premises. Each policy shall be approved as to form and insurance
company by Lessor, and the liability under such insurance shall not be less than $100, 000. 00 for any one
person injured or killed, and not less than $300,000 .00 for any one accident, and not less than $50,000.00
property . damage.
12. SUBORDINATION. It is agreed by Lessee that this Lease shall be subject and subordinate to any
mortgage, deed of trust, or other liens now on the premises or which may hereafter be made on account of any
proposed loan to be placed on said premises by the Lessor to the full extent of all debts and charges secured
thereby, and to any renewals, extensions and modifications of all or any part thereof which Lessor may
hereafter, at any time, elect to place on said premises, and Lessee agrees upon request to hereafter execute any
paper or papers which cormcel for the Lessor may deem necessary to accomplish that end, and in default of
Lessee' s doing so the Lessor is hereby empowered to execute such paper or papers, in the name of the Lessee;
and as the act and deed of said Lessee, and this authority is declared to be coupled with an interest and not
revocable.
13 . LIENS . Lessee shall keep the demised premises, and the property in which the demised premises are
located, free from any liens arising out of any work performed, materials furnished, or any obligatioas incurred
by Lessee, it being expressly acknowledged that the leasehold interest hereby demised shall not be subject to
any such liens. .
14. SERVICES. The Lesser agrees that it will contract for and provide the following services at its expense:
(a) Electricity
(b) Sewer and water
(c) Garbage
(d) Telephone
The Lessor will provide the following services :
(a)
(b)
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Except as specifically provided for herein, the Lessor is not obligated to provide any services to the Lessee.
15 . PLATE GLASS INSURANCE. Lessee shall obtain and maintain, at its own expense. "plate glass"
insurance coverage on all exterior plate glass in the leased premises.
16 . HAZARDOUS TRADE. Lessee agrees that no hazardous trade or occupation shall be permitted or carried
on in or on the premises, and nothing will be done or permitted, and nothing will be kept in or about the
premises which will increase the risk or hazard of fire or damage so as to increase Lessor' s Hazard Insurance
premium or cause Lessor' s Hazard Insurance policy to be void. The Lessee further covenants not to conduct
any business that is contrary to, or in violation of the laws of the United States of America, or the State of
Florida, or the ordinances of any county or municipality in which the leased premises may be Iocated.
17. ENTRY FOR REPAIRS. Lessor or Lessor' s authorized agent may, at any reasonable time, enter and view
said premises and. make any repairs which, in Lessor' s opinion, may be necessary.
18 . WAIVER OF BREACH. Lessor' s waiver of breach of any one covenant or condition of this Lease is not a
waiver of breach of others, or a waiver of any subsequent breach of the one waived Lessor ` s acceptance of
any rent installment, after breach , is not a waiver of the breach, and a waiver of the breach of the Lessee' s
covenant to pay any rent installments when due shall not be construed to be a waiver of Lessor' s right to refuse
any such delinquent payments in the future.
19 . CASUALTY DAMAGE. In the event the premises are destroyed or so damaged by fire or other casualty
during the term of this agreement so that they become untenantable, then in that event the Lessor shall have the
right to tender said premises tenantable by making the necessary repairs within ninety (90) days therefrom and
if said premises are not rendered tenantable within said time, it shall be optional with either party to cancel this
Lease and, in the event of such ranllation, the rent shall be paid only to the date of such fire or casualty.
If the whole of the d;mised premises or such portion thereof as will make the demised premises unsuitable of
the purpose herein leased is condemned for any public use or purpose by any legally constituted authority, then
in either of such events, the Lease shall terminate as of the date when possession is taken by such public
authority and rental shall be payable by Lessee only to such date.
If any part of the demises premises shall be condemned and taken without causing a termination pursuant to the
above paragraph, then the Lessor at its option shall have the right to either terminate the Lease upon written
notice within sixty (60) days after said taking, or to continue the term of said Lease, in which event the rental .
shall be equitably reduced in pr oportion to the space so taken (but not for parking space so taken), and Lessor
shall, at its own cost and expense, restore the remaining portion of the demised premises to the extent necessary
to render it reasonably suitable for the purposes for which it was leased, and make all repairs to the building in
which the demised premises are located to the extent necessary to render it suitable for the garpose for which it
was leased, and make all repairs to the building in which the demised premises are relocated to the extent
necessary to constitute the building a complete architectural unit.
All compensation awarded or paid upon such a total or partial taking of the demised premises shall belong to
and be the property of the Lessor without any participation by the Lessee, and Lessee hereby assigns to the
Lessor any award made to Lessee; provided, however, that nothing contained herein shall be construed to
preclude the Lessee from prosecuting any claim directly against the condemning authority in such
condemnation proceedings for loss of business, or for the value of, stock, trade, fixtures, furniture, and other
personal property belonging to the Lessee, provided that no such claim shall diminish or otherwise adversely
affect the Lessor' s award
20 . OPTION TO RENEW. The Lessee shall have and it is hereby given, if at the applicable time no default
exists hereunder, the privilege of renewing this Lease for five, five-year renewal terms. The Lease rate shall be
an extension of the original Lease agreement increasing yearly an additional $.50 per square foot each year of
the additional five years. ha the event Lessee desires to exercise this option, Lessee shall do so by written notice
to the Lessor at least six months prior to the expiration of the initial term of this Lease.
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21 . TAXES. During the term of this Lease, and any extensions and renewals hereof, the Lessee shall be
responsible for, and will pay to the Lessor, its proportionate share of real-estate, ad valorem taxes and
special assessments assessed against the premises of which tie c raised premises are a part of This amount
will be pro-rated on a monthly basis and paid monthly with the normal monthly rent, sales taxes, and utility
assessments where applicable. A copy of the tax bill will be provided to the tenant when received by the
lessor and any adjustments to the total tax amount will be corrected at that time. Any increases will due to
the lessor and any overpayments will be credited to the tenant. Lessee shall also pay to the Lessor the sum
of $. 15 per square foot of the premises leased herein per year for the common area maintenance adjacent to
the premises herein, with said sum due and payable each year in advance. This fee will cover the costs of
routine maintenance of the parking lot and surrounding walkways. The failure of the Lessee to pay said
sum or Lessee's proportionate share of the taxes or additional assessments as provided herein shall
constitute a default of the covenants contained herein, and Lessor shall be entitled to exercise all, of the
remedies provided for herein for such default. Nothing contained in this paragraph shall be construed as
placing the Lessor unr a duty for common area maintenance.
22.BINDING AGREEMENT. This Lease Agreement shall inure to and be binding upon the successors,
assigns, heirs, and administrators of the parties hereto.
23 . NULL AND VOID. It is hereby agreed by and between the parties that the finding of any provision,
clause, or paragraph of this Lease to be null or unenforceable shall not have effect upon the remaining
provisions of this Lease, and all other provisions shall remain in full force and effect.
24 . SIGNS. Lessor must approve all signs before erection or painting the demised premises.
25 .AIR CONDITIONING. Lessor has installed central heat and air adequate to supply the premises. Any
subsequent service, repairs, or replacement of raid units shall be the sole responsibility of the Lessee.
26 .MAINTENANCE AND REPAIRS . Lessee shall at all times keep the demised premises, including
exterior entrance, all glass, and window moldings, all partitions, doors, fixtures, including lighting, heating
and plumbing fixtures, in good order condition and repair. All structural portions of the premises shall be
maintained by the Lessor, but if the Lessor is required to make structural repairs by reason of Lessee' s
negligent act or omission to act, then Lessee shall be obligated for the cost of such repairs and shall pay
Lessor for same on demand.
If Lessee refuses or neglects to repair properly as required hereunder and to the reasonable satisfaction of
Lessor, lessor may make such repairs without liability to Lessor for any loss or damage that accrues to Lessee' s
merchandise, fixtures, or other property or to Lessee' s business by reason thereof, and without waiving any of
Lessor' s remedies for Lessor' s default, and Lessee shall pay Lessor' s cost for making such repairs, upon
presentation of bill thereof.
27.INSURANCE POLICIES. All insurance policies required to be maintained by the Lessee under the
terms of this Lease Agreement shall name the Lessor as Loss Payee.
28. USE. The premises are restricted to use as a diner. The premises may not be used for the retail sale of
merchandise customarily sold at stores operated by or under the lease from lessor or at grocery stores of the
type commonly called convenience stores.
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29. SUMMARY OF RENT, TAXES AND COMMON AREA FEES :
Item Amount
Rent $ 1583 .33
Saks tax 102.92
Prop. Tax 176.25
Insurance 49 .00
Total Monthly $ 1911.50
CAM/year 285.0•
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IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN OUR PRESENCE:
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