HomeMy WebLinkAboutexhibit 2,61156 peR1db
911oa$/3i{look
tailCOMMERCIAL LEAE ` .
;� .F p L-1�t�Ul gu1�11✓
This
lease is made batwo l� �A 4A St. ,q, fA D
� Wei *JO
harefn�alkb�Lea�,� V��7'1�'o�n,lnrC AN* RA�Atrl R CIS/AJA .a SRA�.ey
����}}/y� ++ R 0 ! A haraln celled Laaae,
Lessee heroby'dtl'ers•'tb 7els�ham &Isar premises s'I rated in a Ch of m J'/}A} )
County of � A , State of e1-0 i A13 doecriibed ae
5 500,105 S!# 4c 16x %f18 f A , upon the following TERMS and CONDITIONS:
1. Term and Rent. Lessor demises the a1ve promises for a terra of -rove years, onnurmpnoing
,� �r # Q f0 , and arming In on ki • ,itl oVir as p k � 2
vldet harain at t�6 ennStal rental of 1J�/1✓�%�' /V�l1i �. l e�� re ts%i%Al � "�",��',
Dollars (S q )r� /, Q ) , payable In equal installments in advance on er
first day of each month for that monih'ernta`i�, duRn lfie term o! this Iaaa Alur�nl f lgtanta 1`pl� bpi adP�o
Lessor, at the address specified above. mo r „!� Acer 0, A-I%� eel ANC t+ 4,1V,b�!° ��x
2. Use. Lessee shall use and onoupy the promises for //}}Q� L S'#) {J D'itfrA/i' tcelra pr""""
shall be used for no other purpose: Lessor represents th�the premises may IawAslly be used for Ipeh purpwa•
3. Care and Maintenance of Premhas. Lame acknowledges that the premises are in nod order and repair, unless
otherwise indicated herein. Lome shall, at his own expense and at all times, maintain the premises in good and safe
conditlap, including plate glaas.electrlcalwlting, plprmbing end healing lnstellsilons sad any,ather system or equip-
ment upon the premises end hall surmpd0E the sarn4t arm t teinatloa 1teraof, Inc. good eondidtin a received, normal
WWI; end roar excepted, Lessee shall lie reernsible fee ell repairs required, excepting the roof,'exterlor walls, show
lura1 fpundaticnr, and: \ e' \ ,j' , wlrioh shall
be maintained by Lessor. Losae:shall ales maintain in good condliloot such portiatts kscent to the premiser;srueh
as sidewalks, driveways, iawns and shrubbery, which would otherwise be required to be maintained by Lessor.
4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any 'iterations, addi-
tions, ur improvements, in, to or about the premises.
I. Ordinances end Statutes, Lance Audi comply with ale statutes, ordinances end requirements of all municipal,
state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned
by or affecting the use thereof by lams
, 6. Assignment and Subletting. Lessee shall not assign this Ieasa or sublet any portion of the promises without prior
written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without
consent shall be void and, at the option of tba Lessor, may terminate this lease.
7. Utilities. All applications and connections for necessary utility services on the domleed promises shall be made
in the name of Lessee only, and Lessee shall be solely I �� .. r udlily charges as they become due, including those
for sswr,etrori., electricity, end telephone service f. .
8, Entry and Inspection. Laser shall permit Lessor ` or's:pgong toe ler upgqpp the promises at reasonable
dmas•ppd upon reasonable notice:, for the ptupoae of inspecting tits Mpm°, and Il perrhit Lessor at, any time -within
sixty.(150) day. p{for to the expiration of nosy sae, to/pit upoq,.the pramisps y usn'al "lb Let'l�or "Par Leese"
signs, anq permit persons desiring to lees+ the amain lee t the premises ther'eaf er. • • \
9. Possession. • If lessor is unable to deliver pgiRasalon of i premises 8t the corpulence Bpi hereof,,Les sor &Nall
not be liable for any dentate caused thereby, nor shall this lease be void or voidable, but Lapses shell 'Mg be liable
for any rent until possession is delivered. Lessee may torridness this lease if possession Is not delivered within
30 days of the conanencement of the term hared,
10. Indemnification of Lauor. Lessor shall not be liable for any damage or injury to Lessee, or any other pitman,
or to any property, occurring on the demised promises or any part thereof, and Loewe agrees to hold lessor harmless
from any claims for damages, no matter how caused.
11. Insurance, Lampe, at his expense, shall maintain plate glass and public liability Insurance including bodily
injury and property demote insuring Lessee and Lonoor with minimum coverage se follows:
Lessee shall provide -Lessor with a Carilfieate of Insurance showing Lessor a additional Insured. The Certitude
shall provide for a ten-day written node° to Lessor In the event of cancellation or malarial chinge of coverage, 'Ib
the maximum extent permitted by inetl�xnge,p Ilcies which may bgmyped liy Lessor or Leases, Lagoa and Lessor,
for the benefit of each other, waive any enci tfil'rights of subrogallb •7.vhiab might otherwise exist.
o a•i t,}iul Sorm..'6eror j'ac u.a i6a cram and a, 6a Iv rh aksala. wA Iw�i�i �rarnpii u i awwrny le wIv:.lies
Ivvu,wcnoa G1wwa aIo.yrII You ewe tk kwm'r aunr roc ywtWapC, rodaKa•Z teµIparer rod tl,swldtrteulu av
,eprrwnW lee a N+mMS rrpr�r ar lnptlyd, wax �,oe, re thr nwrfiw+LlalY M iNr fare for w iemvdr8 ere upuryow: 111'ri
ti. 4-1 -- ig.e/vr m Ag o .oN /eiAsr , .o 1- ,
. ,F., / omit 7v can Q.oi_t.rivs iW€ VN/T /X/4
A Al... 11,1ABovx , re. 331,5 ,
12. Eminent Domain. If the premises or any port thereof or any estate therein, or any other part of the building mate-
finliy effectingLese's use of he premises, 'hall be taken by eminent domain, (hie lease shall terminate on the date
when title vesto
punuent to suc1} taking. The rent, and any additional rent, shall be apportioned to of the l rn )nation
dens, and any rent paid for any period beyond hat date shall be repaid to Lome*. 1-essee shall not j Intuited to any
part of the award for such taking or any payment in lieu thereof, bun Lessee may filo a claim for y taking f fix-
tures and improvements owned by Lessee, and for moving expenses.
13. Destruction of Premises. In the event of a partial destruction of the promiael during the term hereof, from any
cause, Lessor shall forthwith repair die same, provided that such repairs can be made within sixty (60) days under exist-
ing governmental laws end regulations, but such partial destruction shall not terminate this lease, except thet Lessee shall
be entitled to a proporllonete reduction of rent white such repairs arc being made, based upon the extent to which the
making of such minim shall interfere with the business of Lessee on the promises. If such repairs cannot be made widt-
hs said sixty (60) day', Lessor, at hip option, may make the same within a reasonable time, title lease continuing in effect
with the rent proportionately abated as aforesaid, and In the event that Tamar shall not elect to maim such repairs which
cannot be made within sixty (60) day', this lease may be terminated et the option of either party. In the event that the
building in which the demised premien may be aituered is destroyed to on extent of not less than one-third of the
feplecomgn1cQsts thereof; Lessor may elect to terminate this leave whelher the demised ices be injured or not, A
Met deatntction of the building in which the promises' ntny be situated shall terminate s lease
l., l:froegr's Remedies (tin Default. If Lessee defaults in the payment of rent, or any addlticinebtent, orb dafeplta in
`(hgiinrtonnnece ol? any of the other covenants or condhlans hereof, Lessor may,give j;,,epsac wilco of inch'dereult
' rind if Lassen does not cure any such default within /5" days, after the eiving pf,such ilgt ppqq (or; If such other
default is of such nature that-Loannot be completely cured within such period, if Lessee does not commence such
curing within such days and thereafter proceed with reasonable dlllgonce and in good faith to cure auch
default), Then Lessor may terminate this lease on not less than days' notice iq,Lessee, On
the ditto specified in such notice rim term of this lease shall terminals, end Lessee shall alien quit unit surrender the
premises to q ¢u4 keease°')loll remain liable as hereinafter provided. If this lease shall h a keeriao krminel-
ed,tly.k..egtor eOr, rimy al,almy ilm�(�p�pafter, rgapme possession of the. premises by any lawf means and remove
'lean'' or other occupants and their effect'` No failure to etifoice any term shell he deemed a waiver.
15. Security Dgpoaih Lessee shall deposit with Lessor on dui signing of this lease the sum of
Dollars (S ) as
security for the performance of Lessee''. ohpgat4Qns under.thts lease, including without limitation the surrender of
possession of the premises to Lasaor as herein provided. If Lessor applies any part of the de�penit to cure any default
of Lessee, Lessee shall on domed deposit with Lessor the amount so applied in that Lessor stud! have dme full deposit
on hand at all times during the term of title lease,
16. x In se, I t avant l e any in en uring ny ear o rm of his In th n , my or
State 1 state means er and alto a amoun such text seuad to • • lax ye ran Otc to - •f '
lease co menses, et r because nereased or valu la 1 er - sh
paid 1a b en a unt a el to % of e 1 ease n tax- n the la b • t it
pram' ea arc u d, 1n Ih a tint All to a ere a a ed for a to year eaten • g beyo the to
the ligation o csaee shall e proponionnt to the on of the lease term included in mu yoer.
17. Common Aron Expenaaa. In the event the demised premises are 'dunned in a shopping canter or in a commer-
cial building in which there are common areas, Lessee agrees to pay his pro -rate liars of maintenance, texas, and
inauranoe for the common area.
18. Attorney'. Fees. In case stilt should be brought for recovery of the premises, or for any sum due hereunder, or
because of any act which may miss out of the possession of the premises, by either party, the prevatling party shall
be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee.
19. Waiver. No failure of Lessor to enforce any term hereof shell be deemed to be a waiver.
20. Notices. Any notice which either party may or is required to gave, shall be given by moiling the semi, postage pre-
paid, to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be designated by
the parties from time to time,
21. Hein, Assigns, Successor's. Title lease le binding upon and inures to the benefit of the heirs, assign' end suc-
cessors in Interest to the puttee,
2. Op to R e Prov • e tin Les - Is of in -fa in ,e per f•rmance • th a lea ha v the
non o re n- a leas t an a.' Lionel le of anlhs • • •e -n a lie - . • 1 on a ini tease
to All of l -rens an •nditi n •f the l shall •p Burin' '-. rene orm a Ora • mon ant
ohs -•the e o .'r -.ptio :h be. -ad tie o egl
to ass + no cos Ih d ,. prior r• a 'spiv' •n of iris .ass term.
1 notice of given i he man - provid i 'rein t n the lime ipaclfl d, this opt an shed expire.
23, Subo • mammon. This lease is and shall be subordinated to all existing and future hens and encumbrances against
the property.
24. Roden Gas Dleclosure, As required by law, (Landlord) (Seller) makes dm following disclosure; "Radon t3as" la
a naturally occurring radioactive gas (html, when it has accumulated le a building in sufficient quantities, may present
health risks to persona who are exposed to it over dme. Levole of radon that exceed federal and slate guidelines have bean
found in buildings in , Additional information regarding radon and radon testing may be obtained
from your county public health unit.
25. EntlreAgrenntent. The foregoing constltutee the entire agreement between the perdu and may be modified only
by a writing signed by both pullet. The following Rxhibita, if any, heve bean made a port of )hie lease before the
parties' execution hereof: ,•�
SI nod .�'3 d y of / os-i1,i !
By: [M itlfiti Lessor' ay. moee
COOT' t/QRT 6 �''h�y 1J#/L1'L��'4:72. c.y�6l.Sinl�1
0 Ed t.ryn Farww n.! sod wit W I. form, road 11, tin b, all blanks, and nmta v a�lrvr aa.apn an mammy to • •i�.nr Iv n.anaaee. Eet0J141wr a '
you 4oubr 1 0Iarca lac your wpm and use a-E L.pal Pone . • 45 . IN realm warren q,.rpr.0 lmpae4. ate rup..r re We
we,oh.a e1 imendee woo of papa'. -- , �Y/ (asvia.d I$71 ,
ivi2]m'st•
s''!1� fl A A
EXHIBIT A - DESORPWION OF migmiSgS:
Attached hereto and Incorporated herein:
space a - Initial space - located 7890 NE 10th Ave,Mlaml,Flarida, consisting
of warehouse and office apace
space b - office 990 NE 79th Street,Miaml,Florida
apace c- office 988 NE 79th Street,Mlaml.,Florlda
space d - office 986 NE 79th Streeet,Miaml,Florida ( new space)
space e- warehouse space ( new) adjoining west side of 7690NE 10th Ave
Mlaml,Fla consisting of approximately 450 square feet of space
Dated August 21,2004
Lands d: Jeffrey Lee rt ( d/b/a Lefcourt Building)
L RAKA i�.
TenaM,Aafael-R, Legltma,Indlvldually and Vertlgogo,Inc
Description of premises:
Space a - Ininitlal space located at 7890 NE 10th Ave,Mlaml,Florlda,conslsting of
warehouse and office apace
Space b- office 990 NE 79th Streeet,Mlaml,Florida
Space c-office 988 NE 79th Street,Miami,Florlda
Space d- office 986 NE 79th Street,Mlami,Florlda ( new space)
Space e- warehouse space adjoining west side of 7890 NE 10th Mlaml,Fiorlda
consisting of approximately 450 square feet
.__► t. Arc, is/a,y
3I,,9
/ n/AJ thoyAu-y
l!%
BUILDING) AND VE I1GOGO INC AND RAFA b-1 NTLY AND
SEV1~BALLY DATED AUGUST 21ST. 2004 e
Amor b.
TWENTY SIXTH: In the event the existing tenant at 986 NE 79th Street
Mlaml,Fiorlda should fall to deliver possession of the premises to the landlord by
August 31,2004 which would delay this tenant's taking possession of that
particular space, landlord will then deliver possession to this tenant herein
promptly after the old tenant vacates. Landlord shall then return to this tenant
$25 daily for each day from September
tember 1, 2004 until this tenant receives
possession of the two spaces (office nbr 986 NE 79th street and the warehouse
space adjoining and Immediately adjacent to the west side of 7890 NE 10th
Ave,Mlaml,Florlda consisting of approximately 450 square feet).
TWENTY SEVENTH:Upon signing of this new lease between the same parties
to this lease, (new lease dated August 21,2004 ( the old leases dated Aug
31,2002 and June 17,2003) are hereby terminated and neither party shall have
any responsibility to the other, regarding those old leases.
TWENTY EIGHTH: Tenant shall pay the sum of $750 as additional security
deposit, upon signing this lease. including that deposit and all of tenant's
previous security deposits, Landlord now holds a grand total of now Is holding a
grand total of $2,270 In security deposits.
TWENTY NINTH: the new monthly rental for the 5 spaces occupied (7890 NE
10th Ave, 990 NE 79th Street, 988 NE 79th Street, 986 NE 79th Street and
warehouse space to the west of warehouse located at 7890 NE 79th Street and
adjoining this space) wilt be $2,428.90 ( INCLUDING CURRENT FLA SALES
TAX)
THIRTYITH: Tenant shall obtain and maintain throughout the term of the lease,
Insurance for all risks to personal property brought Into and kept at the
premises by the tenant,or in the alternative,tenant shall assume all risks for
personal property. In addition, landlord shall not be responsible to tenant or
anyone else, In the event tenant does not obtain such insurance, or if the
Insurance Is either uncollectable or does not cover fully all lose or damage,If any
to tenant or anyone else.
THIRTY FIRST: Lessee agrees to provide during the term of this Iease,at
lessee's own expense,comprehenelve general liability Insurance relating to the
premises and Its appurtenances on an occurrence basis, with minimum limits
of liability in an amount not less than $500,000 for bodily Injury,personal Injury or
death to any one person. $1,000,000 for bodily Injury,personal Injury or death to
more than one person with lessor as an additional Insured,at no expense to the
lessor. A true and sworn copy of the Initial Insurance policy and all renewals shall
be delivered to the lessor prior to the effective dates of such coverage.
BUSINESS LASE CONTINUED BETWEENsEEFFREY LEFCOURT (LEFCOURT
' BUIJ.DINGl AND YEBTICROGO]NC AND FI*F-A-EL--A: L-EGI FIv3A JOINTLY AND
,$ VERALLY DATED AUGUST21 ST. 2004 QAf"A
THIRTY TWO: Alternatively, Lessor, upon default by the Lessee, with or without
notice to Lessee may accelerate the entire balance of rent and other
sums due or to be due under this lease abd lessee shall pay all of such amounts
Immediately upon acceleration.
THIRTY THREE: Timely payment of the rent Is of the essense. A late charge In
the amount of $100 will be charged to any rent payment received later than the
8th of the month. The rent must be mailed to: Jeffrey Lefcourt, 9801 Collins Ave
Unit 18M, Bat Harbour,FI 33154.
THIRTY FOUR: Unless waived In writing, by the landlord, upon termination of
this cease, tenant, at tenant's ex ense,shall restore the premises ( the 5 spaces
a thru e) In the same condition that It was delivered to them at the time the
tenant first took possession of each respective premises.
witness
witness
witness
witness
Jeffrey Let u Lefullding
( landlord)
c.
Rafael-R.
President
Pi -FA
Rafael1R. Le'glsima, Inually
IRK:A Crew