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HomeMy WebLinkAboutMONA'S DOG & CAT GROOMINGCODE USA TAZ WATEI DER FL O FL O SLC SEA ENTAL SITE PLAN SUPPLIER SUPPLIER RTIFICATION (CCCL) HATER PER ALT ;PROT PLAINS REVIEW FEE C OF C FEE q,q -O l SCANNED BY St, Lucie County PR# FOR OFFICE USE ONLY - REQUIRED [I [] [vl� [1 [1 [1 tl . [ l DATE RECEIVED REQUIRED FEES $ �o A/o /d NOT REQ�iED [l $ RADON FEE $ N ( Pr $ RCPT # is [] IMPACT FEE - $ IMPACT DISTOCT ROAD IMPACT ZONE �^ IMPACT CREDIT- _- ] NO -[ J MATE DEV FEE $ ALT DEV_ FEE ZONE JL IMPACT FEE $ SCHOOL IMPACT CREDIT YES [ ] NO [ ] 3L BOARD APPROVED ION YES[ ] NO[ ] IMPACT FEE $ FIRE IMPACT FEE $ SOB PERMITS REQUIRED NOT REQUIRED GAS [ 1 AIR CONDITIONING [ ] [ ELECTRIC [ PLUMBING' SCREEN- ENCUFENCE [ ] Av� ,ROOF DRIVEWAY [ ] [ ZONING CHECKS BBL ✓ LOT COVERAGE ✓ EASEMENT 600OLOT SPLITS ". z., �L 0 I f BUILDING PLAN CHECK SCANNED St. Lucie j ST. LUCIE COUNTY -FORT PIERCE FIRE PREVENTION BUIRM FORT PIERCE, FLORIDA TELEPHONE 407-467-2312 FAX 407-467-2325 JURISDICTION: St. Lucie County PROJECTT NAME: MONA' S DOG & CAT GROOMING CONTRACTOR: Kilmer Enterprise ARCHITECT: S. D. Vaughn OWNERII� W. H. Harms & Associates LOCATION:. 4906 N. Kings Hwy. BUILDING SIZE: Existing bay OCCUPANCY TYPE: Business CONSTRUCTION TYPE: SBCCI. Existin N FPA Y'PLAN NUMBER #6382 BUILDING DEPT. NO.40610 PHONE NUMBER 595-9858 PHONE NUMBER 871-9602 DATE RECEIVED 4-15-94 4-15-94 NUMBER OF STORIES BUILDING HEIGHT_ FIRE PROTECTION: Automatic Sprinkler Yes X No Occupancy Hazard N.F.P.A. #13_ Ordinary Group II I .. 1 Requirements: i 1. Any renovations to the automatic sprinkelr or fire alarm systems shall be by a Florida certified contractor. 2. A sel arate permit is required form the Fire Marshal's ,1lP P Q Office for renovations to either the fire, alarm or sprinkler system. 3. Prollide a 2A-IOBC rated fire extinguisher for each 73' of travel. 4. Emergency lighting sahll be provided for the new bay. I i II IIi i REVIEWED BY; CONTRACTORS RESPONSIBILITY TO NOTIFY BUREAU ON ALL INSPECTIONS "OUR OTLCE EQU RED ON ALL INSPECTIONS - / / CL� DATE �"7 SIGNATURE Sheet No. / of SCANNED BY St. Lucie County ARTICLE I, BASIC LEASE PROVISIONS: EXHIBITS: DEFINITIONS 1.01 Basic Lease Provisions. These arc the provisions of the Lease except as they may be modified hereafter. DATE OF LEASE: March 10, 1994 SHOPPING CENTER: LANDLORD: ADDRESS OF LANDLORD: I TENANT: ADDRESS: TENANT'S TRADE NAME: INDRIO CROSSINGS SHOPPING CENTER W.H. Harms and Associates, Inc. 4832 N. Kings Hwy. Ft. Pierce, FI. 34951-2243 Harry A. Kilmer Sr/Desdemona Kilmer 4906 N. Kings Hwy. Fort Pierce Florida 34951 Mona's Dog & Cat Grooming Food & Supplies LEASE TERM: Effective per schedule B and will expire no later than June 30, 1994 OPTIONS: None MINIMUM ANNUAL RENT: $1.20 MINIMUM MONTHLYRENT: $ .10 PERCENTAGE RENT RATE: NONE SALES BASE FOR PERCENTAGE RENT: NONE CONSUMER PRICE INDEX: NOT APPLICABLE FLOOR AREA: Approximately 1322 square feet(so Unit # o1 (4908 N.Kings Hi hwav) PERMITTED USES (NATURE OF TENANT'S PRINCIPLE BUSINESS): Build Out ESTIMATED ADDITIONAL RENTAL CHARGES (Common Area & Operating Costs): ! Per Sq. Ft. $2.64 Per Month: $290.84 Per Year: 3490,08 RETAIL RESTRICTION LIMIT None SECURITY DEPOSIT: None TENANT'S MINIMUM INSURANCE COVERAGE: Personal Injuries: $500,000.00 in the event of injury to any one person: $1,000,000.00 in the event of any one occurrence: Property Damage: $50,000.00 Contents & Fixtures: Maximum Insurable Value of Replacement HOURS OF OPERATION: In accordance with the eslablished hours of a NOT APPLICABLE NONE OF THE ABOVE MAY BE CHANGED WITHOUT LANDLORD'S WRITTEN CONSENT. THIS LEASE SUPERSEDES ALL LEASES, FOR THIS LOCATION, BETWEEN THE TWO PARTIES Attachments: Exhibits A,B,C,D,E I Lease Number01-01'f enant —Landlord Pg 1 of 23 II f #A ARTICLE 1I. GRANT AND TERM 1 2.01 Leased Premises and Shopbina Center. Landlord hereby demises and leases to Tenant and Tenant hereby hires and rents from Landlord premises now or hereafter to be erected in the shopping center being constructed by the Landlord, which shopping center is hereinafter referred to in section 1.01 hereof. Said'premises hereinafter referred to as the "LEASED PREMISES", is more particularly set forth as outlined in red on Exhibit A affixed hereto and made a part hereof. "Floor area" shall be measured from exterior faces of exterior walls and from the center lines of party or partition walls. 2.02 Use of Additional Areas. The use and occupation by the Tenant of the Leased I, Premises shall include the use in common with others entitled thereto of the common areas, employees' parking areas, service roads, loading facilities, sidewalks and customer car parking areas shown and depicted on Exhibit A and other facilities as may be designated from time to time by the Landlord, subject however to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. f 2.03 Commencement of Term. The effective date of this Lease under which Tenant shall ibe obligated to commence payment of rent and additional rent, hereinafter referred to as the "COMMENCEMENT DATE", shall be the date which the Landlord notifies the Tenant in writing that the Leased Premises are ready for occupancy, or the date upon which the Tenant first opens �. the Leased Premises for business to the public, whichever shall first occur. Such commencement date shall be set forth on Exhibit B affixed hereto and made a part hereof. In the event that the Commencement Date as herein above defined shall occur on a day other than "the first day of the month, then the rent shall be immediately paid for such partial month prorated on the basis of a thirty (30) day month and the term of this Lease shall be extended for the number of days from the CommencementDate to the first day of the month next succeeding. E 2.04 Length of Term. The term of this Lease shall be for the number of years following the commencement of the term as provided in Section 1.01 hereof. Notwithstanding the foregoing, Tenant shall be bound by all of the provisions of this Lease, occupancy of the Leased Premises by Tenant or its agents for any purpose prior to the Commencement Date. ARTICLE M. CONDITION OF LEASED PREMISES 3.01 Except 1'or the provisions set forth on Exhibit C and D affixed hereto and made a part hereof, Tenant is accepting the Leased Premises in "as is" condition. Tenant agrees that it has inspected the Leased Premises and that no representations whatsoever have been made by Landlord as to the condition thereof except as.are expressly set forth in this Lease. Any improvements to the Leased Premises are to be made by Tenant at its sole cost and expense and j shall be subject to the prior written approval of Landlord, as well as such other provisions of this Lease as are applicable thereto. Tenant warrants that all work done by it to and upon the Leased Premises will be performed in a good and workmanlike manner, using first class materials, and in I� strict accordance with applicable law. Any and all improvements made by Tenant to the Leased Premises shall be and remain in the property of the Landlord during the term of this Lease and upon the expiration or sooner termination of this lease, Tenant shall surrender to Landlord all of said improvements in accordance with the applicable terms of this lease. Lease Number01-Ol TenanoLandlord Pg 2 of 23 ! 3.02 Parking Facilities. Land o(i d shall construct or has constructed upon the Shopping Center site at its own cost access road„ footways and parking lots or facilities as shown on Exhibit A. l 3.03 Changes and Additions to Buildings. Landlord hereby reserves the right at any (time to make alterations or additions to and to build additional stories on any building shown on Exhibit A. Landlord also reserves the right to construct other buildings or improvements in the Shopping Center from time to time and to make alterations thereof or additions thereto and to build additional stories on any such building or buildings and to build adjoining the same. 3.04 Right to Relocate. The purpose of the site plan attached hereto as Exhibit A is to �Cshow the location of the Leased Premises. Landlord reserves the right at any time to relocate the j various buildings (except the Leased Premises), automobile parking areas, and other common areas as shown on said site plan or to build a greater or lesser area of the buildings shown on said site plan or to build a greater or lesser area of the buildings shown on said site plan. THE PARTIES' ACKNOWLEDGE THAT THE LISTING OR NAMING ON EXHIBIT A OF ANY OTHER TENANT OR THE DESCRIPTION THEREON OF ANY KIND OF BUSINESS IN THE SHOPPING CENTER ARE NOT REPRESENTATIONS BY LANDLORD THAT SUCH NAMED OTHER TENANT OR BUSINESS SHALL BE AN OCCUPANT OF THE SHOPPING CENTER AND ALL SUCH DESIGNATIONS APPEARING UPON THE SITE PLAN SHALL NOT BE CONSIDERED PART OF THIS LEASE. ARTICLE IV, CONDUCT OF BUSINESS BY TENANT 4.01 Use of Premises. Tenant shall use the Leased Premises solely for the purpose(s) as set forth in Section 1.01 hereof. . 4.02 Tenant shall occupy the Leased Premises on the Commencement Date and shall conduct continuously in the Leased Premises the business above stated. Tenant will not use or permit, or suffer the use of, the Leased Premises for any other business or purpose. 4.03 Operation of Business Except for causes beyond the control of Tenant, Tenant shall operate on hundred (100%) percent of the Lease Premises during the entire term of this Lease with due diligence and efficiency so as to produce all of the gross sales which may be produced by such manner of operationy��Subject to inability by reason of strikes or labor disputes, if a merchant, Tenant shall carry at all times in said premises a stock of merchandise of such size, character and quality as shall be reasonable designed to produce the maximum return to Landlord from time to time and shall conduct its business in a high class and reputable manner with an adequate staff. 4.04 Competition. During the term of this Lease, neither Tenant nor any entity owned or controlled by Tenant or in any way affiliated with Tenant shall,. within a radius as set forth in ;Section 1,01 hereof, directly or indirectly engage in any business which is similar to or in (competition with the use set forth in Section 4.01, supra. j4.05 Storage. Office Space Tenant shall warehouse, store and/or stock in the Leased IPremises only such goods, wares and merchandise as Tenant intends to offer for sale at retail at,, jin, from or upon the Leased Premises. This shall not preclude occasional emergency transfers of Imerchandise to the other stores of Tenant, if any, not located in the Shopping Center. Tenant !shall use for office, clerical or other non -selling purposes only such space in the Leased Premises as is from time to time reasonable required for Tenant's business in Leased Premises. No auction, fire or bankruptcy sales may be conducted in the Leased Premises without the previous written ,consent of Landlord. Lease Number0l -O 1 Tenant&Landlord Pg 3 of 23 ARTICLE V. PARKING AND COMMON USE AREAS AND FACILITIES 5.01 Control of Common Areas by Landlord All automobile parking areas, driveways, entrances and exits thereto, and other facilities furnished by Landlord in or near the Shopping Center, including employee parking areas, the truck way or ways, loading docks, package pick-up stations, pedestrian sidewalks and rampsi,landscaped areas, exterior stairways, and other areas and improvements provided by Landlord for the general use, in common, of tenants, their officers,. agents, employees and customers, shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in the Article. Landlord shall have the right to construct, maintain and operate lighting facilities on i all said areas and improvements; from time to time to change the area, level, location and arrangement of parking areas and other facilities herein above referred to and to restrict parking 1 by tenants, their officers, agents and employees to employee parking areas. Landlord shall not have any duty to police the traffic in the parking areas. I ,, i ARTICLE VI. MAINTENANCE OF COMMON AREAS `J f j 6.01 (a) During the term of this Lease, Tenant agrees to pay monthly to Landlord, as additional rent, on the first business day of each month in advance, as Tenant's share of the costs incurred by Landlord pursuant to Sections 6.02 and 6.03, infra. the sums as set forth in Section i 1.01 hereof. 1. a (b) However, in the event that Tenant's pro rata share (as hereinafter defined) of the ', annual aggregate cost incurred by Landlord in performing the maintenance functions provided for in Sections 6.02 and 6.03, infra, shall exceed the annual amount paid by Tenant pursuant to subsection (a) of this Section 6.01, then and in such event, Tenant shall pay to Landlord, within thirty (30) .days after Tenant's receipt of Landlord's bill therefor, the difference between Tenant's pro rata share of such annual expenses and aggregate amount paid by Tenant for preceding twelve (12) month period. Tenant's pro rata share shall mean the amount arrived at by multiplying the total expenses incurred by Landlord in connection with such maintenance functions by a fraction the numerator of which is the total floor area of the Leased Premises and the denominator of which is the average number of square feet of leased ground floor area in the Shopping Center during the preceding twelve (12) month period, provided, however, that there shall be excluded from 'said denominator the number of square feet of floor area contained in any premises whose occupant performs common area maintenance or any portion thereof at its own expense. At Landlord's discretion, but not more frequently than annually, the monthly payment set forth in subsection (a) above shall be appropriately adjusted for the succeeding twelve (12) month period, so that said monthly payment shall equdPone twelfth (1/12th) of Tenant's adjusted pro rata share for the preceding twelve (12) month period. 6.02 The costs and cxpcnses of which 'Tenant will pay a pro rats share will be all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, cleaning, signing, painting, protecting, equipping, lighting, repairing, replacing and maintaining all common areas of the Shopping Center. Such costs and expenses shall include, without limitation (including appropriate reserves): cleaning; fire and police protection and general security; repairing and replacing paving; keeping the common area (excepting sidewalks and entrance ways +adjacent and contiguous to the Leased Premises) properly supervised, drained, reasonably free of snow, ice, rubbish and other obstructions;: and in a neat, clean, orderly and sanitary condition; the maintenance of any and all fire protection systems servicing the Shopping Center; keeping the common areas suitably lighted; maintaining signs (other than Tenant's signs), markers, painted lines delineating parking spaces, and other means and methods of pedestrian and vehicular traffic I Lease Number0l-01Tenant�,Landlord Pg 4 of 23 i M control; constructing, maintaining and repairing of on-site`and off -site traffic controls; maintaining adequate roadways, entrances and exits; maintaining any plantings and landscaped areas; maintenance, repair and replacement of the roof, foundation, exterior walls and -any interior or exterior structural steel members of the buildings situated within the Shopping Center; Shopping Center management fees incurred by Landlord; maintenance and repair of all utilities and utility conduits situated within the common areas; unemployment and social security taxes; fees for required licenses and permits; operation 'of equipment supplying music to the common areas; depreciation of machinery and equipment used in the operation and maintenance of the common areas; and personal property taxes and other charges incurred in connection with such equipment; heating and air conditioning the enclosed malls, if any, courts, corridors and other common areas; wages and benefits paid to or on behalf of personnel; and administrative costs equal to fifteen (15%) percent of the total cost and expgpse of operating and maintaining the common areas. 6.03 Landlord's maintenance of the common area of the Shopping. Center shall also include maintaining fire, property damage and public liability insurance covering the parking areas and other'common areas, workmen's compensation insurance covering personnel and fidelity bonds for personnel; and insurance against claims for false arrest. ARTICLE VII. TENANT'S FIXTURES AND IMPROVEMENTS 7.01 Provided the Tenant obtains the prior written consent of Landlord thereto, Tenant . may make interior non-structural alterations to the Leased Premises at its own expense and may install trade fixtures therein. All such alterations and fixtures shall remain the property of the Tenant for the term of the Lease. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cot of replacement of all alterations,. decorations, additions or improvements in the event of fire or extended coverage loss. Tenant. shall deliver to the Landlord certificates of such fire insurance policies which shall contain'a clause requiring the insurer to give the landlord ten (10) days notice of cancellation of such policies. Upon expiration or sooner termination of this Lease, the Tenant shall remove all such trade fixtures and restore the Leased Premises as provided in Section 9.03 hereof. If the Tenant fails to remove such trade fixtures and restore the Leased Premises, then upon the expiration or sooner termination of this Lease, and upon the Tenant's removal from the premises, all such trade fixtures .shall become the property of the Landlord. ARTICLE VIH. SIGNS 8.01 Tenant will not place or suffer to be placed or maintain on any portion of the exterior (including windows) of the Leased Premises any sign, awning, canopy or advertising matter or other thing of any kind, without first obtaining Landlord's written approval and consent. Without limitation as to the foregoing, Landlord specifically reserves the right at any lime during the term of this Lease to require Tcnant to remove from the Leased Premises any sign(s) situated thereon and to replace same with a sign or signs which in all respects conform to a sign standard designated by Landlord, all of which will be performed at Tenant's sole cost and expense. Tenant agrees to maintain any such sign, awning, canopy, decoration, lettering advertising matter or other thing as may be approved in good condition and repair at all times and to repaint or replace such signs from time to time when reasonably necessary and to illuminate such signs in accordance with standards established by Landlord from time to time, including hours of illumination. In no event shall Tenant place or erect any free standing sign on any portion of the Shopping Center. Lease Number0l -01 Tenan4.-Land ford Pg 5 of 23 I ARTICLE IX. MAINTENANCE AND REPAIR OF LEASED PREMISES 9.01 Maintenance by Tenant. Except as provided in Section 9.04 below, Tenant shall at alltimes keep in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Leased Premises, including, without limitation, exterior entrances, all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures and any air conditioning system and sprinkler system situated within and/or servicing the Leased Premises. Said maintenance by Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for any reason whatsoever shall be performed by the Landlord's roofing subcontractor. In the event that Tenant causes such work to { be performed by anyone other than the Landlord's roofing subcontractor, Landlord will have the right, at Tenant's sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord's roofing subcontractor. 9.02 If Tenant refuses or neglects to make any such repair within the prescribed time for curing of defaults under this Lease, after written demand, Landlord may make such repairs without liability to Tenant for any loss ;or.damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof Tenant shall pay Landlord's cost for making such repairs upon presentation of a bill therefor, as additional rent. Such bill shall bear interest from the date of completion of such repairs by Ia Landlord to the date of payment by Tenant, at the prime interest rate published in the Wall Street Journal as of such date of completion, plus three (3%) percent. 9.03 At the expiration of the tenancy hereby created, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon the Commencement Date; reasonable wear and tear accepted, and damage by unavoidable casualty accepted, and shall surrender all keys for the Lease Premises. to Landlord at the place then fixed for the payment of rent and shall inform Landlord off all combinations on locks, safes and vaults, if any, in the Leased Premises. Tenant shall remove all its trade fixtures before surrendering the premises as aforesaid and shall repair any damage to the Leased Premises caused thereby. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this lease. 9.04 During the term of this Lease, Landlord's repair obligations shall be limited to any and all necessary repairs to the roof, foundation and exterior walls of the Leased Premises and to any interior or exterior structural steel members of the Leased Premises. Notwithstanding the foregoing, in the event that any of said repairs are required due to the act or neglect of Tenant, its agents, servants, employees, licensees, invitees or independent contractors, then it shall be Tenant's obligation to reimburse Landlord for the entire cost and expense incurred by Landlord in performing such repairs. ARTICLE X. RULES AND REGULATIONS 10.01 The Tenant agrees as follows: (a) All loading and unloading of goods shall be done only during business hours, in the areas and through the entrances designated for such purpose by Landlord. (b) The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such,lrules and regulation as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises or Shopping Center, Lease Number01-01 Tenantk-Landlord Pg 6 of 23 r (c) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the premises prepared for collection in the manner and at the times an places specified by Landlord. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. '! (d) No aerial or satellite dish shall be erected by Tenant on the roof or exterior walls of the Leased Premises or anywhere in the Shopping Center without in each instance, the �j written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (e) No loud speakers, televisions, phonographs, radios or other devices shall be {'used in a manner so as to be heard or seen outside of the premises without the prior written consent of the Landlord. (f) Tenant shall keep the premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. (g) The entrances and sidewalks immediately adjoining the Leased Premises shall be kept clean and free from snow, ice, dirt and rubbish by the Tenant to the reasonable satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (h) Tenant and Tenant's employees shall park their cars only in those portions of Elie parking area designated for that purpose by Landlord. Tenant shall furnish Landlord with . state automobile license numbers assigned to Tenant's car or cars and cars of Tenant's employees within five (5) days after such changes occur. (i) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision by Tenant, its employees, agents or invitees shall be borne by Tenant. .r:. Tenant shall keep the Leased Premises free of pests or vermin at Tenant's cost and expense. (k) Tenant shall not burn any trash or garbage of any kind in or about the Leased Premises, the Shopping Center, or within one mile of the outside property lines of the Shopping Center. ,. (1) Tenant and Tenant's employees and agents shall not solicit business in the parking or other common areas, nor shall Tenant distribute any handbills or other advertising matter in the parking area or in other common areas. (m) Tenant agrees that it will not store or dispose of hazardous materials in or about the Premises. For purposes of this Lease, "hazardous materials" includes any hazardous, toxic or dangerous waste, substance or material defines as such in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act, any so-called "superfund" or "superlien" law, or any other federal, state or local statue, law, ordinance, code, rule, regulation, consent agreement or other requirement of any governmental authority regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous or Lease NumberO l -01 Tenant AlLandlord Pg 7 of 23 M toxic. or dangerous waste. Tenant shall defend, indemnify and save Landlord harmless from all costs and expenses (including consequential damages) asserted or proven against landlord by any party as a result of Tenant's use, storage or disposal of hazardous materials (as defined above) on or about the Premises. The foregoing indemnity shall be a recourse obligation of Tenant which shall survive termination or expiration of the Lease. In the event that any activity of the Tenant causes an increase in the insurance rate on the building containing the Premises as a whole, then Tenant shall pay this additional cost of insurance as assessed by Landlord's insurer, which determination shall be conclusive and binding upon Tenant. ARTICLE XI. INSURANCE AND INDEMNITY I; 11.01 Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased { Premises, the sidewalks and entrance ways in front of the Leased Premises, and the business operated by Tenant in the Leased Premises in which the limits of public liability shall initially be not less than the amount set forth in Section 1.01 hereof and in which the property damage liability shall be not less than the amount set forth in Section 1.01 hereof.. During the term of this ' Lease, Landlord shall have the right in its reasonable discretion to require Tenant to cause the aforesaid limits of liability to be increased, provided, however, that adjustments in said limits of liability shall not be required more frequently than annually. The policy shall name Landlord, Landlord's managing agent and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord ten (10) days prior written notice. The insurance shall be written by an insurance company approved by Landlord, and a copy of the policy or a certificate of insurance shall be delivered to Landlord. 11.02 Increase in Fire Insurance Premium..Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Leased Premises any article which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premium for fire and extended coverage insurance that may be charged during the term of this Lease on the amount of such insurance which may be charged during the term of this Lease on the amount of such insurance which may be carried by Landlord on the Leased Premises or the building of which they are a part, resulting from the type of merchandise sold by Tenant in the Leased Premises, whether or not Landlord has consented to the same. In determining whether increased premiums are the result of Tenant's use of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, shOwing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Leased Premises. <,. i 11.03 Indemnification of Landlord Tenant will indemnify Landlord and save it harmless from and against any and all claims, actions damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part !thereof, or occasioned wholly or in part by the default under this Lease or any act or omission of Tenant, its agents, contractors, employees, servants, lessees, or concessionaires, licensees or linvitees. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in jenforcing the covenants and agreements in this Lease. Lease NumberO 1 -0 1 TenantLandlord Pg 8 of 23 a 1 11.04 Waiver of Subrogation—, (a) Each policy of fire insurance with extended ,coverage carried by Tenant shall providethat the insurer waives any right of subrogation against the Landlord in connection with or arising out of any damage to property contained in the Leased 1Premises caused by fire or other risks of casualty covered by such insurance, In no event shall IlTenant or any person or corporation claiming an interest in the Leased Premises by, through or sunder Tenant, claim, maintain or prosecute any action or suit at law or in .equity against the Landlord for any loss, cost or damage caused by or resulting from fire or other risk or casualty in the Leased Premises or any part thereof, for which Tenant is or may be insured under a standard ;fire insurance Policy,with extended coverage whether or not carried by Tenant and whether or not �jcaused by the negligence of the Landlord, or the agents, or servants, or employees of the landlord. (b) Each policy of fire insurance with extended coverage carried by Landlord shall l provide that the insurer waives any rights of subrogation against the Tenant in connection with or arising out of any damage to such property contained in the Leased Premises caused by fire or other risks or casualty covered by such insurance. In no event shall Landlord or any person or . corporation claiming an interest in the Leased Premises by, through or under Landlord, claim, maintain or prosecute any action or suit at law or in equity against the Tenant for any loss, cost or damage caused by or resulting from fire or there risk or casualty in the Leased Premises or any ipart thereof for which Landlord is or may be insured under a standard fire insurance policy with extended coverage, whether or not carried by Landlord or whether or not caused by the 1 negligence of the Tenant or the agents, or servants or employees of the Tenant. 11.05 Landlord's Fire Insurance- Throughout the initial term of this Lease and any extensions thereof, Landlord shall maintain a policy of fire insurance with extended coverage on ! all of the buildings and improvements situated within the Shopping Center in an amount equal to at least eighty (80%) percent of the full insurable value thereof, subject to reasonable deductibles. All such policies shall name Landlord and the holder of any mortgage which affects the Shopping Center, as parties insured thereunder as their respective interests may appear. Landlord shall also have the right to maintain, as an endorsement to said fire insurance policy, rental value insurance insuring payment of one (1) year's fixed and additional rentals and other annual charges payable to Landlord by the various tenants of the Shopping Center. During the term of this Lease and.. any extensions, thereof, Tenant agrees to pay to Landlord, as additional rent, its pro rata''share of the premiums payable by Landlord for the policies of insurance referred to in the first paragraph of this Section 11.05. Tenant shall pay to Landlord Tenant's pro rata share within thirty (30) days after receipt by Tenant of a bill therefor. Tenant's pro rata share of any such premiums shall mean the amount arrived at by multiplying the 'same by a fraction the numerator of which is the total floor area of the Leased Premises and the denominator of which is the total ground floor area of all of the premises under lease within the IShopping Center which are covered by such insurance policy(s). Tenant shall also pay to � Landlord, as additional rent, Tenant's pro rata share of any and all expenses incurred by Landlord in the restoration reconstruction or repair of all or an � � p y part of the Shopping Center subsequent to 'a casualty which expenses are incurred by Landlord as the result of so-called "deductibles" contained in Landlord's fire insurance policy(s). Landlord will have the right at any time during jthe term of this Lease to notify Tenant that it has elected to require Tenant to deposit with landlord, on a monthly basis an amount equal to one -twelfth (1/12th) of Tenant's pro rata share of !said insurance premiums. In such event, Tenant shall promptly comply therewith and make 'said monthly payments to Landlord, as additional rent. Lease Number0l -01 Tenant4�L,andlord Pg 9 of 23 ARTICLE XIII. UTILITIES 12.01 From and after the date upon which Landlord delivers to Tenant possession of the Leased Premises, Tenant shall be solely responsible for and promptly pay all charges for heat, water, gas, electricity or any other utility used or consumed in the Leased Premises. In the event that the local water authority bills Landlord for the water consumed by Tenant in the Leased Premises and Landlord becomes obligated to pay said water authority for said consumption by Tenant, then and in that event Landlord shall have the right to bill Tenant for Tenant's water use in accordance with the rate schedule and minimum service charge utilized by said water authority. Tenant shall pay to Landlord as additional rent its water use charge within thirty (30) days after receipt by Tenant of a bill therefor. It is expressly agreed and understood that Landlord shall in no event be liable to Tenant for any interruption 'or suspension of utility services. ARTICLE XIII. ESTOPPEL STATEMENT ATTORNMENT SUBORDINATION: 11.01 Estoppel Statement. Within ten (10) days after request therefor by Landlord, or in the event that upon any sale, assignment or hypothecation of the Leased Premises and/or the land thereunder by Landlord an offset statement shall be required from Tenant, Tenant agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser, or to Landlord, certifying ( if such be the case) that (a) this Lease is in full force and effect and has not been modified, supplemented or amended in any way; (b) the Leased Premises have not been sublet in whole or in part, and this Lease has not been assigned in whole or in part; (c) Tenant has accepted possession of the Leased Premises and is presently in occupancy of the Leased Premises; 4'('d) Tenant has paid to Landlord all rent.and additional rent due and payable under this Lease through the date of the certification, and no rent under this Lease has been paid more than one month in advance; (e) there exists no defenses to, or rights of offset against, enforcement of this Lease by Landlord; and (f) to Tenant's knowledge, neither Landlord nor Tenant is in default under this Lease or in breach of its obligations hereunder. 13.02 Attornment. Tenant shall, in the event any proceedings are brought for the fore- closure of, or in the event of exercise of the power of sale under any mortgage made by the Landlord covering the Leased Premises, attorn to the Mortgagee in the event of strict foreclosure or to the purchaser upon any such -foreclosure or sale and recognize such mortgagee or (as the case may be) purchaser as time Landlord under this Lease. 13.03 Subordination. Upon request of the Landlord, Tenant will subordinate its right's hereunder to the lien of any mortgage now or hereafter placed upon the land of which the Leased Premises are a part, and to all advanced made or hereafter to be made upon the security thereof. The word "mortgage" as used herein includes mortgage, deeds of trust or similar instruments and modifications, consolidations, extensions, renewals, replacements or substitutes thereof, 13.04 Attorney -in -Fact. The Tenant, upon request of the party in interest, shall execute ii promptlysuch instruments or certificates to carry out the intent of Sections 13.02 and 13.03 .above as shall be requested by the Landlord. The Tenant hereby irrevocably appoints the i Landlord as attorney -in -fact for the Tenant with full power and authority to execute and deliver in Ithe name of the Tenant any such instruments or certificates. If fifteen (15) days after the date of a ' written request i b q y Landlord d ord to execute such instruments, the Tenant shall not have executed the same, the Landlord may, at its option, cancel this Lease without incurring any liability on account ? thereof, and the term -hereby granted is expressly limited accordingly. Lease Number0l-01Tenant 4&andlord Pg 10 of23 I. ,1 • 13.05 Tenant agrees to give any mortgagee of the Shopping Center which may in writing so request a duplicate notice of any letter to Landlord alleging a default by Landlord under this Lease and Tenant agrees that such mortgagee shall thereafter have a reasonable time to correct or {i cure such default, as well as Landlord, either such performance to be accepted by Tenant. ARTICLE XIV. ASSIGNMENT AND SUBLETTING 1 14.01 Tenant will not assign this Lease in whole or in part, nor sublet all or any part'of the Leased Premises. This prohibition against assigning or subletting shall"be construed to include a prohibition against any assignment or subletting by operation of law. If this Lease be assigned in violation of the foregoing prohibition or if the Leased Premises or any part thereof be sublet �I. or occupied by anybody other than Tenant in violation of said prohibition, Landlord may collect rent from the assignee, subtenant or of c pant, as the case may be, and my apply the net amount collected to the rent herein reserved, but no such assignment, subletting, occupancy or collection �i shall be deemed to be a waiver of the prohibition against assignment and subletting contained herein, nor the acceptance of the assignee, subtenant or occupant as Tenant, nor the release of . ij Tenant from further performance by Tenant of covenants on the part of Tenant herein contained. If the Tenant is a corporation, the cumulative sale or transfer of twenty-five(25%) percent or more of its voting stock shall be deemed an assignment for purposes of this Article XIV. ARTICLE XV. WASTE, GOVERNMENTAL REGULATIONS 15.01 Nuisance or Waste. Tenant shall not commit or suffer to be committed any waste upon the Leased Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the Leased Premises may be located, or in the Shopping Center. 15.02 Compliance with Laws. Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal., state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to the Leased Premises, and shall faithfully observe in the Leased Premises, all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. ARTICLE XVI. DESTRUCTION OF LEASED PREMISES 16.01 Total or Partial Destruction Landlord agrees that subject to and excepting he provisions of Section 16.02 below, if the Leased Premises shall be damaged by fire or other {! casualty during the term of this Lease, Landlord shall at its'own expense cause the damage to be f repaired within a reasonable time after such damage has occurred. If by reason of such i occurrence, the Leased Premises are not thereby rendered untenantable, in whole. or in part, the rent "-hall not be abated. If, however, the Leased Premises shall be rendered untenantable in part or in whole, the fixed minimum rent shall be abated proportionately to the portion of the Leased Premises rendered untenantable until such date as Tenant receives exclusive possession of the i Leased Premises, ,at which time the full rent shall be reinstated and payable by Tenant. 16.02 Partial Destruction In`the event that fifty (50%) percent or more of the Leased Premises shall be damaged or destroyed by fire or other cause during the final twenty-four (24) months of the term of this Lease under which Tenant is then occupying the Leased Premises, Landlord shall have the right, to be exercised by notice in writing delivered to Tenant with sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon'the Lease Number01-01 Tenantk-Landlord Pg 11 of 23 z giving of such notice to Tenant, the term of this Lease shall expire by lapse of time upon the thirtieth day after such notice is given, and Tenant shall vacate the Leased Premises and surrender the same to Landlord within thirty (30) days thereafter. ARTICLE XVII. EMINENT DOMAIN 17.01 Total Condemnation of Leased Premises. If the whole of the Leased Premises shall be acquired or condemned by eminent domain for any public or quasi -public use or purpose, j then the term of this Lease shall cease and terminate as of the date of title vesting in such proceeding and all rentals shall be paid up to that date. 17.02 Partial Condemnation of Leased Premises. (a) If ten (10%) percent or more of the Leased Premises shall be acquired or -condemned by eminent domain for any public or quasi -public use or purpose, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding. (b) In the event that less that ten; (10%) percent of the Leased Premises shall be acquired or condemned by eminent domain for any public or quasi -public use or purpose, or in the event ten (10%) percent or more of the Leased Premises shall have been so taken, and Tenant shall not elect to terminate this Lease as set forth above, then the Landlord shall promptly restore the Leased Premises to a condition reasonably comparable under the circumstances, to its condition at the.time of.such'condemnation, less the portion lost in the taking; and this Lease shall thereafter continue in full force and effect. In such event of a partial taking, described herein above, from the effective date that physical possession is taken by the condemning authority through the end of the term of this Lease, the annual minimum rental payable by Tenant to Landlord under Section 27.01 of this Lease shall be reduced by a fraction, the numerator of which shall be the gross area of the premises so taken by the condemning authority and the denominator of which shall be the gross area of the Leased Premises on the date immediately prior to the effective date of such taking. 17.03 Total Condemnation of Parking Area (a) If the whole of the common parking areas in the Shopping Center shall be acquired or condemned by eminent domain for any public or quasi -public use or purpose, then the term of this Lease shall cease and terminate as of the date of title vesting in such proceeding. Partial Condemnation of Parking Area (b) If twenty (20%) percent or more of j the common parking areas in the Shopping Center shall be acquired or condemned by eminent domain for any public or quasi -public use or purpose, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding, (c) If less than twenty (20%) percent of the parking areas in the Shopping Center shall be acquired or condemned by eminent domain for any public or quasi -public use or purpose, i or acquired condemned, but Tenant shall not elect to cancel and terminate this Lease, then the landlord shall restore the parking areas to a condition reasonably comparable under the 1circumstances to its condition at the time of such condemnation, less the portion lost in the taking. IIn such event, this Lease shall be and remain in full force and effect and no reduction of minimum irent, percentage or any additional rent payable to Tenant under this Lease shall be allowed in such !circumstances, but Tenant shall continue to pay the full minimum rent, percentage, or any additional rent payable under this Lease"- or the balance of the term hereof. Lease Number01-01 Tenant$ Landlord Pg 12 of 23 17,04 In the event of any taking,* partial or whole, under the provisions of Section 17.01 through- 17.03 inclusive, all of the proceeds of such award, judgment or settlement shall be and remain the sole and exclusive property of the Landlord, and Tenant shall not be entitled to any portion of such award, judgment or settlement received by Landlord from such condemning authority. Tenant, however, may pursue its own claim against the condemning authority for any damages or award permitted under the laws of the state in which the Leased Premises are located, to be paid to the Tenant without diminution or reduction of the award, judgment or settlement received by Landlord. ARTICLE XVHI. UNION CLAUSE 18.01 Prior to the opening of that portion of the Shopping Center of which the Leased Premises form a part and thereafter while any other portion of the Shopping Center is under construction,. the Tenant agrees that if with respect to all alterations, additions, improvements, repairs, and installation of fixtures or equipment in, on, or to the Leased Premises made by the Tenant, it's agents or servants, or independent contractors, or if with respect to any work in, on, or to said premises outside of its customary business, it shall require employment of other than its regular employees, it will, if required in writing by Landlord, employ only union labor who shall be members of labor unions recognized by ,the respective local building trade unions and that such work shall be carried on in such a manner so as to avoid or prevent any labor disputes. ARTICLE XIX. DEFAULT OF THE TENANT 19.01 Right to Re-enter, In the event of any failure of Tenant to pay any rental or additional rental due hereunder within three (3) days, or.any failure to commence and diligently pursue the performance of any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than ten (10) days, or if Tenant shall be come bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors or petitions for or enters into an arrangement, or if Tenant makes an assignment for the benefit of creditors or petitions for or enters into an arrangement, or if Tenant shall abandon said premises or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Leased Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. 19.02 Statutory Lien. It is expressly agreed that in the event of default be LESSEE here under, LESSOR shall be statutory Landlord's lien pursuant to Florida Statutes Chapter 83 upon all goods, chattels or personal property of any description belonging to LESSEE which are in place or become part of the leased premises, unless such has been previously waived in writing by the LESSOR. 19.03 Right to Relet. Should Landlord 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 non-structural alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and Lease Number01-01 Tenant —Landlord Pg 13 of 23 iconditions as Landlord in its discretion. may deem advisable; upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness other that rend due hereunder from Tenant to Landlord; second, to the payment of ij any costs and expensed of such reletting, including brokerage fees and attorney's fees and of cost of such non-structural alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall ", 66 held by the Landlord 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 Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid i monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Not j withstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may 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 n the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then obtainable rental value of the Leased Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. 19.04 Legal Expenses. In case suit shall be brought for recovery of the Leased Premises, for the recover 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 thepart of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable attorney's fee. 19.05 Waiver of Rights of Redemption Tenant hereby expressly waives any and all rights of redemption granted by or under present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Leased Premises, by reason of the violation by Tenant of any of the covenants or conditions of this Lease or otherwise. 19.06 Past Due Rent and Additional Rent Rent which is not paid when due shall bear '. interest from the date due until paid at a rate equal to the lessor of the prime interest rate published in the Wall Street Journal. (The Base Rate on Corporate Loans), plus.3% per annum or the highest amount by law. The payment of such interest shall neither excuse nor cure any default by Tenant under this Lease. To compensate for increased costs Landlord will incur, Landlord may also assess a reasonable Late Charge (not to exceed 10%) in respect of any installment of rent not paid when due. Rent shall be deemed paid on the date received by Landlord at the j address designated in Section 25.06. ARTICLE XX. DEFINITIONS 20.01 Definition of Term The words "term of this Lease" as used throughout in this Lease shall mean the original term of this Lease or nay extension of this Lease beyond the original term set forth in Section 1,01 if any such option is expressly granted in this Lease and any such option to extend the term by Tenant of this Lease is duly exercised. 20.02 Definition of Landlord The term "Landlord" as used in this lease, so far as covenants or obligations on the part of the Landlord are concerned shall be limited to mean and Lease Number01-01Tenant Landlord Pg 14 of 23 M include only a ground lessee if the named -Landlord herein is holding the premises under a ground lease for so long as the named Landlord is the holder of such ground lease interest or the owner or owners of the fee simple of the Leased Premises; and in the event of transfer or transfers of either the ground leasehold interest to any other person or the transfer of title to the fee premises to any other person, the Landlord herein named (and in the case of subsequent transfers or conveyances the then grantor or assignor), shall be automatically freed and relieved from and after the date of such transfer or conveyance or assignment of all liability as respects the performance of any covenant or obligation on the part of the Landlord contained in this Lease thereafter to be Iperformed, it being the intention of the parties that the covenants and obligations to be observed and performed by the Landlord shall be binding upon the Landlord only during and in respect of its period of ownership of either a leasehold interest, or a fee interest as the case may be. Anything in this Lease to the contrary notwithstanding, Tenant agrees that Tenant shall, subject to prior rights of any mortgagee of the Shopping Center, look solely to the estate and property of Landlord in the Shopping Center for the collection of any judgment (or other judicial process) 1 requiring the payment of money by Landlord in the event of any default or breach by Landlord I with respect to any of the terms, covenants and conditions of this Lease to be observed and/or performed by Landlord, and no other assets or Landlord or any principal of Landlord shall be subject to levy, execution or procedures for the satisfaction of Tenant's remedies. ARTICLE XXI. ACCESS BY LANDLORD 21.01 Right ofEntrx,, Landlord or Landlord's agents shall have the right to enter the Leased Premises at all times to examine the same and to show them to prospective purchasers of the building, and to make such repairs, alterations, improvements or additions as Landlord may.•' deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said premises that may be required therefor, without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no way abate while said repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business or Tenant, or otherwise. During the six (6) month period prior to the expiration of the term of this Lease or any renewal term, Landlord may exhibit the Leased Premises to prospective tenants or purchasers, and place upon the premises the usual notices "To Let" or For Sale" which notices Tenant shall permit to remain thereon without molestation. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, maintenance,"ot repair of the Leased Premises or any part thereof, except as other wise herein specifically provided. ARTICLE XX11. TENANT'S PROPERTY 22.01 Taxes on Leasehold Tenant shall be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon or about the Leased Premises by the Tenant. �! 22.02 Loss and Damage Landlord shall not be liable for any damage to property of (Tenant or of others located on the Leased Premises, nor for the loss of or damage to any property �of Tenant or of others by theft or otherwise. Landlord shall not be liable for any injury or damage !to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, !rain, or snow or leaks from any part of the Leased Premises or from the pipes, appliances or plumbing works or from the roof, street or sub surface or from any other place or by dampness or by any other cause of whatsoever nature. Landlord shall not be liable for any such damage caused by other tenants or persons in the Lease Premises, occupants of adjacent property, of the Shopping Center, or the public, or caused by operation in construction of any private, public or Lease Number0l-01Tehant*—Landlord Pg 15 of 23 'quas,1: public work. Landlord shall not be liable for any latent defect in the Leased Premises or in �' the building of which they form a part. All property of Tenant kept or stored on the Leased Premises shall be so kept -or stored at the risk of Tenant only. 22.03 Notice by Tenant. Tenant shall give immediate notice to Landlord in case of fire or accidents in the Leased Premises or in;the building of which the premises are a part or of defects therein or in any fixtures or equipment. ARTICLE XXHI. HOLDING OVER, SUCCESSOR 23.01 Holding Over. Any holding over after the expiration of the term hereof, with the } consent of the Landlord, shall be construed to be a tenancy from month to month on the terms and conditions herein specified, so far as applicable, except that during any such holdover period the fixed minimum rent in effect at the expiration of the term hereof shall be increased proportionately with the aggregate increase during the term of this Lease in the U.S. Department 'i of Labor Consumer Price Index for Urban Consumers, U.S. City Average, All Items 1982-84 = 100. Without limitation as to the foregoing, it is understood and agreed that the provisions of Section 20.02 of this Lease shall be fully applicable during any holdover period. In the event such holding over is without the consent of the Landlord, Tenant shall be obligated to pay double the monthly rent set forth above. 23.02 Successors. Subject to the provisions of Section 14.01, supra, all rights and !iabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the -several respective heirs, executors, administrators, successors, and assigns of the said parties; and if there shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and agreements herein. ARTICLE XXIV. QUIET ENJOYMENT 24.01 Landlord's Covenant. Upon payment by the Tenant of the rents herein provided, and upon the:observance and performance of all the covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Leased Premises for the term hereby demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitable claiming by, through or under the Landlord, subject, nevertheless to the terms and conditions of this Lease, and subject to restrictions and easements or other matters as of record appear. ARTICLEiXXV. MISCELLANEOUS j 25.01 Waiver, The waiver by Landlord of any breach of any term, covenant or condition { herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of 'such preceding breach at the time of acceptance of such rent. No covenant, term or condition of 'the Lease shall be deemed to have been waived by Landlord unless such waiver be in writing by Landlord. 25.02 Accord and Satisfaction No payment by Tenant or receipt by Landlord of a esser amount than the monthly rent herein stipulated shall be deemed to be other than on account )f the earliest stipulated rent, -nor shall any endorsement of statement on any check or any letter Lease Number0l-01Tenant Landlord Pg 16 of 23 accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided. 25.03 Entire Aareement. This Lease and the exhibits (excepting as set forth in Section . { 3.04) and Rider, if any, attached hereto and forming a part hereof set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises and. supersede any and all prior agreements and understandings between Landlord and Tenant, and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. I 25.04 No Partnershia. Landlord does not, in any way for any purpose, become a partner �i of Tenant in the conduct of its business, or otherwise, or joint adventurer or a member of a joint j enterprise with Tenant. The provisions of this. Lease relating to the percentage rent payable 4 hereunder are included solely for the purpose of providing a method whereby the rent is to be measured and ascertained. 25.05 Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power; restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of•the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. The provisions of this Section 25.05 shall not operate to excuse the Tenant from the prompt payment of rent, percentage rent, additional rent or any other payments required by the terms of this Lease. 25.06 Notices. Any notice by Tenant to Landlord must be served by certified or registered mail, postage prepaid, return receipt requested, addressed to Landlord at 4832 North Kings Highway, Fort Pierce, Florida 34951-2243, or at such other address as Landlord may designate by written notice. 25.07 Any notice by Landlord to Tenant must be served by certified or registered mail,. postage prepaid, return receipt requested, addressed to Tenant at the Leased Premises. 25.08 Captions and Sections The captions, section numbers, article numbers, and index appearing in the Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections, or articles of this Lease, nor in any way affect this Lease. 25.09 Tenant Defined. Use of Pronouns The word "Tenant" shall be deemed and taken to mean•each and every person or party mentioned as a Tenant herein, be the same one or more, and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lease may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this lease apply in the plural sense where there is more than one Landlord or Tenant and to either corporations, associations, partnerships, Lease NumberO 1 -0 1 TenanCA&andiord Pg 17 of 23 or individuals, males or females, shall in all instances be assumed as though in each case fully ,..: expressed. 25.10 Broker's Commission. Each of the parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with the execution of this Lease, and each of the parties agrees to indemnify the other against and hold it harmless from, all liabilities arising from any breach of the indemnifying party's representation contained in this Section 25.10 (including, without limitation, the cost of counsel fees in connection therewith.) 25.11 Partial Invalidity: If any term covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and be enforced to the - fullest extent permitted by law. 25.12 Transmittal of Lease. This Lease is transmitted for examination only and does not constitute an offer to lease, and this Lease shall become effective only upon the execution and unconditional delivery thereof by both parties hereto. 25.13 Recording. Tenant shall not record this Lease and any recording of same by Tenant shall constitute a violation and default of the terms hereof. 25.14 Tenant agrees that it will from time to time, subsequent to request therefor by Landlord, deliver to Landlord a reasonably detailed certified financial statement with regard to Tenant and/or the entity which has executed the Guaranty, if any, attached to this Lease, and Landlord will have the right in its discretion to furnish said statement(s) to prospective purchasers and/or mortgagees of the Shopping Center. 25.15 Time is of the essence with respect to each and every obligation to be performed by Tenant under the terms of this Lease. ARTICLE XXVI. REAL ESTATE TAXES AND IMPOSITIONS 1 26.01 Tenant's Pro Rata Share of Impositions Tenant shall be obligated and hereby covenants to pay as additional rent during the term of this Lease, Tenant's pro rata share of all real estate taxes ( including expenses directly incurred by Landlord in contesting the validity of, in ;seeking a reduction in, or in seeking to prevent an increase in any such taxes or assessments), ;water and sewer rentals, duties and/or charges, assessments, levies or other governmental charges, general and special, and all other like impositions or charges, ordinary or extraordinary, of any kind and nature whatsoever, including any tax that may be levied on rents received by ;Landlord (hereinafter sometimes collectively referred to as "Impositions"), levied or assessed on the Shopping Center or any part thereof or interest therein, or Landlord's interest with respect jthereto, or use, occupancy or other possession thereof and the improvements thereon. Tenant's (failure to make any such payment of additional rent hereunder shall be deemed a default in the payment of rent, and Landlord shall have the same remedies as herein provided for such default. As used in this Section 26.01, Tenant's pro rata share shall be determined by multiplying jany Imposition by a fraction the numerator of which is the total number of square feet of floor 'area of the Leased Premises and the denominator of which is the average number of square feet of ileased ground floor area in the Shopping Center during the preceding twelve (12) month period, (provided, however, that there shall be excluded from said denominator the number of square feet of floor area contained in any premises which are separately assessed for tax purposes. Tenant Lease Number01-01 Tenant Landlord Pg 18 of 23 shall.pay to Landlord, Tenant's pro rata share within thirty (30) days after receipt from Landlord of a bill therefor; 26.02 Escrow. Tenant shall pay monthly to Landlord,. together with the payment of the fixed minimum annual rent, an amount equal to one -twelfth (1/12th) or Tenant's pro rata share of the ten current or last determined annual aggregate amount of real estate tax or taxes assessed against the Shopping Center. An initial payment on account of such taxes shall be made together with the first month's rent so that there shall at all times be on deposit with the said Landlord a sum equal to the pro rata amount of Tenant's pro rata share of taxes to become due on the next date for paying taxes. If the term of this Lease shall commence during a tax year (or portion ,thereof) for which Landlord has prepaid real estate taxes, Tenant will pay to Landlord, together with the payment of the first month's rent and in addition to the first monthly escrow payment required hereby, an amount equal to Tenant's pro rata share of said prepaid real estate taxes. If on the date thirty (30) days prior to the day when any such tax or any installment thereof may be paid without interest or penalty, there shall be insufficient funds in said account to pay said tax or installment thereof, upon Landlord's written demand, the Tenant shall forthwith pay to the Landlord the difference between the amount allocated for the payment of the particular tax, and the amount to be paid. If on said date, there shall be an amount in excess of the amount required to make such payment, such excess shall be credited towards the next succeeding monthly payment. It is agreed and understood that Tenant's monthly tax payment to Landlord pursuant to this Section 26.02 shall initially be in the amount of Dollars. The foregoing amount shall be appropriately adjusted to reflect any future increases in the assessment for the Shopping Center, in order that Tenant's monthly tax payment shall at all times be based upon the then current amount of said assessment. ARTICLE XXVH, RENT 27.01 The fixed minimum annual rent payable by Tenant during the initial year of this Lease shall be in the amount set forth in Section L.01 hereof, payable in equal monthly installments as set forth in Section 1.01 hereof, on or before the first day of each month in advance, at the office of the Landlord or at such other place designated by Landlord. 27.02 Upon the first anniversary of the Commencement Date and upon each anniversary thereafter„ the minimum annual rent shall be adjusted. All adjustments shall be cumulative and shall be based upon any increase in the Index. "Index" means the Consumer Price Index of the Bureau of Labor Statistics, United States Department of Labor (CPI-U), all items -index for all urban consumers - U.S. city average (1982-84 = 100), or any replacement thereof, if the Index shall cease to be.published, a reasonable substitute index shall replace it for purposes of this Lease. The adjusted minimum annual rent for the lease year succeeding any adjustment (which shall be payable in equal monthly installments) .shall be the product found by multiplying the minimum annual rent in effect for the lease year just prior to adjustment times a fraction, the numerator of which shall be the Index number indicated in the column for "all items" in the month immediately preceding the adjustment and the denominator of which shall be such Index number for the month and year used in the numerator of the previous adjustment (for for the month immediately preceding the Commencement Date, as the case may be); however, no such adjustment shall result in a decrease in the minimum annual rent stipulated in Section 1.01 used in this Lease. Following eachsuchadjustment, the term "minimum annual rent" as used in this Lease, shall mean minimum annual rent as most recently adjusted. If at the beginning of any lease year adjusted minimum annual rent shall no have been calculated, Tenant shall continue paying the minimum annual rent previously in effect. Tenant shall immediately pay Landlord the difference between minimum annual rent paid and that which would have been due had adjusted minimum annual rent been calculated and shall thereafter continue paying equal monthly installments of Lease Number01-01TenantLandlord Pg 19 of 23 adjusted minimum annual rent. 27.03 Upon default, Landlord shall be permitted to accelerate the rent due throughout the term of this Lease and demand immediate payment thereof. ARTICLE XXVIII. OPTION TO RENEW 28.01 Tenant shall have the right to extend the term of this Lease for period(s) as set forth in Section 1.01 hereof upon the same covenants, agreements and conditions herein set forth, ekeept as provided in Section 27.02, supra, by giving notice to that effect to the Landlord not less than one (1) year prior to the expiration of the initial term, hereof, provided however, that as of the date of said notice, this Lease shall be in full force and effect and Tenant shall not be in default hereunder. ARTICLE XXIX. PERCENTAGE RENT 29.01 Percentage Rental. (a) Tenant agrees to pay to the Landlord during each lease year of the term of this Lease and any extensions thereof, as additional rent, herein called "Percentage Rental", a sum equal to the percent as set forth in Section 1.01 hereof by which the gross sales, as hereinafter defined, in each lease year exceeds the amount (sales base) set forth in Section 1.01 hereof for such lease year. Said sales base shall be appropriately adjusted for any portion of a lease year. Gross Sales. (b) The term "gross sales", as used herein, shall mean the entire amount of the actual sales prices, whether wholly or partly for cash or on credit or otherwise of all sales of merchandise and charges for services, and all other receipts of all business conducted at, in, from or upon the Leased Premises, whether by Tenant or any licensees, concessionaires or others claiming by, through or under Tenant, including without limitation orders taken at, in, from or upon the Leased Premises, although filled elsewhere, all without credit to Tenant for uncollected or uncollectible credit accounts. There shall be excluded from gross sales any sums collected and paid out for any sales tax or tax based upon the sale or sales of merchandise and required by law whether now or hereafter in force to be paid by Tenant and collected from its customers, to the aIxtent that such taxes have been added to or included in the gross sales price. The term "gross ;ales" shall not include the exchange of merchandise between the stores of Tenant or of affiliated ompanies„ if any, where such exchanges of merchandise are made solely for the convenient )peration of the business of Tenant and not for the purpose of consummating a sale which has heretobefore been made at, in, from or upon the Leased Premises or for the purpose of depriving ..andlord of the benefit of a sale which otherwise would be made at, in, from or upon the Leased 'remises; nor shall said tern include the amount of returns to shippers, suppliers or nanufacturers; nor the amount of cash, adjustments or credit refunds made upon any sale where nerchandise sold, or some part thereof, is thereafter returned by the purchaser to and accepted by Cenant, limited, however, to the purchase price thereof, nor amounts received from the sale of ride fixtures used on the Leased Premises; and, neither shall it include amounts and credits eceived in settlement of claims for loss or damage to merchandise. Lease Year. The term "lease year" as used herein shall mean the twelve (12) month period beginning with the Commencement Date of this Lease (as defined in Section 2.03, su ra and each successive twelve (12) month period thereafter during the term of this lease. In the event that the Commencement Date shall occur on a day other than the first day of a month, the partial month following said Commencement Date, together with the following twelve (12)' month period, shall for the purposes hereof be considered the first lease year. In the event of the termination of this Lease on a day other than the last day of a lease year, the last lease year shall Lease Number01-01 Tenant—#L—Landlord Pg 20 of 23 be the period from the end of the preceding lease year to such date of termination. Records of Account. (d) Tenant shall keep at its principal accounting office, as Tenant may from time to time designate, true and accurate records and accounts in accordance with generally accepted sound auditing and accounting practices, including, without limitation, original sales slips, records and copies of reports to governmental authorities pertaining to sales, whether on account of sales or excise taxes, all of which, as well as the operations at the Leased Premises in respect to sales, shall be open for inspection and audit by Landlord or its duly authorized agents at all reasonable times during ordinary business hours. Landlord's right to commence such inspection and audit with respect to any lease year shall expire three (3) years after Tenant's statement for the year shall have been delivered to Landlord. If an audit made by landlord shows a good -faith error in Tenant's statement prejudicial to Landlord in an amount not in excess of One Thousand ($1,000.00) Dollars in gross sales, the expenses of the audit shall be paid by Landlord, otherwise by Tenant. Reports by Tenant. (e) Within sixty (60) days from the close of each and every lease year, Tenant shall deliver to Landlord a written statement prepared and certified by a certified public accountant setting forth the gross sales for such lease year, together with copies of Tenant's Sales Reports for such lease year which Tenant has submitted to the State Sales Tax Department and, if Tenant is a franchisee or licensee, copies of all sales statements submitted by Tenant to its franchiser or licensor, as the case may be, and Tenant shall concurrently with such delivery pay to Landlord the percentage rental over and above that which will have been paid on account, if any shall be due. Anything hereinbefore contained to the contrary notwithstanding, if this Lease shall terminate on a day other than that fixed for its expiration herein, then a statement shall be furnished by Tenant to Landlord and an accounting shall be had between the parties hereto within sixty (60) days from such termination in the same manner as hereinbefore provided with respect to the close of a lease year. Notwithstanding the foregoing, Landlord will have the right at any time during the term of this Lease to notify Tenant that it has elected to require Tenant to deliver to. Landlord said gross sales statements and related materials on a monthly basis, in which event Tenant shall promptly commence to deliver said statements to Landlord, no later than thirty (30) days from the end of each calendar month during the term of this Lease, provided, however, that said election -by Landlord shall not be deemed to release Tenant from its obligation to deliver to Landlord an annual gross sales statement at the end of each lease year, as hereinabove provided. In the event that Tenant fails to deliver to Landlord its sales statement and /or percentage rent payment within the time period provided for herein, Tenant shall be liable to pay Landlord as additional rent, Twenty ($20.00)- Dollars per d<iy for each day during which 'Tenant is delinquent in submitting either or both of said items. Estimated Monthly Payment.,(f) In each lease year, during the term of this Lease or any extension thereof, if Tenant has paid percentage rent during a preceding lease year, then Tenant shall pay to Landlord, monthly, as estimated percentage rent, in addition to minimum rent, one -twelfth (1 / 12th) of the amount of such prior year's percentage rent. If after the expiration of such lease year the percentage rent paid by Tenant on an estimated basis exceeds the percentage rent required to be paid by the Tenant during such lease year, the Tenant shall receive a credit equal to such excess which may be deducted by the Tenant from the next rent payments due under this Lease. Provided Tenant is not in default under this Lease,. if Tenant has paid in total percentage rent at the termination of this Lease in an amount exceeding the percentage rent actually owed by Tenant to Landlord, then Landlord agrees to refund excess percentage rent to Tenant. (g). All payments to be made by Tenant to Landlord hereunder shall be made at the office of the Landlord, shown above, or at such other place as Landlord may from time to time Lease Number01-0 I Tenant Landlord _____Pg 21 of 23 LIM designate in writing, and all statements to be furnished by Tenant to Landlord hereunder shall be sent to landlord at the same place where rent shall be payable. ARTICLE XXX. SECURITY DEPOSIT 30.01 The Tenant shall upon the execution of the Lease by the parties hereto deposit with Landlord the amount set forth in Section 1.01 hereof as a security deposit. Said deposit shall be held by said landlord without liability for interest as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant to be observed and performed. If any of the rents herein reserved or any other sum payable by Tenant to Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the.payment of rent or additional rent or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord said deposit shall be returned in full to Tenant at the expiration of the term of this Lease. In the event of bankruptcy or other credit -debtor proceedings against Tenant, all securities shall be deemed to be applied first -to the payment of rent and other charges due Landlord for all periods prior to the filling of such proceedings. Landlord may deliver the funds deposited hereunder by Tenant to any purchaser of Landlord's interest in the Leased Premises in the event that such interest be sold. Thereupon Landlord shall be discharged from any further liability with respect to such deposit. ARTICLE XXXI. NET LEASE 31.01 This Lease shall be deemed and construed to be a net Lease and, except as herein otherwise expressly provided, the Landlord shall receive the minimum annual rent and additional rent and all other payments hereunder to be made by the Tenant absolutely free from any charges, assessments, impositions, expenses or deductions of any and every kind or nature whatsoever. ARTICLE XXXII. ANNEXATION 32.01 Landlord reserves the right to annex to'and incorporate into the Shopping Center any property contiguous to said Shopping Center, as the same may from time to time be constituted. Landlord further reserves the right to construct buildings or improvements on said contiguous property, to make alterations or additions thereto, to build additional stories on any such building or buildings and to grant to occupants thereof the right to use the common areas of the Shopping Center in common with Tenant and other tenants leasing. space therein. Tenant agrees that it will upon request by Landlord execute any instruments deemed necessary by Landlord to subordinate the lien of this -Lease to the Lien of any reciprocal easement agreement which Landlord may elect to record, with respect to the Shopping Center and any property contiguous thereto and/or annexed thereto. ARTICLE XXXIII. MERCHANTS' ASSOCIATION 33.01 In the event that the Landlord at anytime elects to forma Merchants' Association, the Tenant will become a member of, participate fully in, and remain in good standing in such .Merchant's Association and abide by the regulations of such Association. In such event, the Tenant agrees to pay its proportionate dues as determined by the Association. Lease NUmber01-01 Tenant Landlord Pg 22 of 23 F EXHIBIT "B" COMMENCEMENT DATE OF LEASE TERM Landlord and Tenant acknowledge and agree that the term of the lease dated March 10,1994 commenced on the following date APRI L 1 , 1994 Dated:,M ARCH 1 1 ��994 Iq Landlor -� 1 By: William Harms Tenant: By: Harry A. Kil r, Sr. By:z sdemona Kilmer Lease Number Tenantandlord _Pgl of 1 I. - ARTICLE XXXIV. SALES TAX 34.01 There shall be added to the above -mentioned rents, -including all additional rents, of whatever kind referred to herein, all applicable taxes then in force which may be imposed on rents to be received by Landlord including but not limited to sales tax imposed by the State of Florida or any other political subdivision. AIMCLE XXXV RADON GAS 35.01 Pursuant to Section 404.056(8) of the Florida Statutes, Landlord is required to notify Tenant of the following: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." A IN WITNESS WHEREOF, the parties have hereunto set,their hands and seals the day and year first above written. Signed, Sealed and Delivered �i in the Presence of. LANDLORD: H.Harms a /jW. hd\Ass;dciates, Inc. ,' i Iliam Harms TENANT: Lease Number —Tenant—Land lord Pg23