COMMERCIAL LEASE AGREEMENT

COMMERCIAL LEASE AGREEMENT

This Lease (“Lease”) is entered into by the undersigned Parties for the property known as ______________ (hereinafter “Premises”)

PARTIES: NAMES AND ADDRESSES.

Landlord: Dix Rentals, LLC of PO Box 7111 Vero Beach, FL 32961, Telephone: Telephone: (772) 633-2004

Tenants: _____________________________________

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the “Parties”) agree as follows:

DEFINITIONS

When used in this Lease, the following expressions will have the meanings indicated:

“Additional Rent” means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease;
“Building” means all buildings, improvements, equipment, fixtures, property and facilities from time to time located at 1089 12th Street Unit _________________________ Vero Beach, FL 32960, as from time to time altered, expanded or reduced by the Landlord in its sole discretion.
“Common Areas and Facilities” mean:

those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and ,
those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Building, the tenants of the Building or the Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities. Each tenant will be issued a key code or a physical key that operates the common bathroom exterior door ;

“Leasable Area” means with respect to any rentable premises, the area expressed in square feet of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements;
“Premises” means the warehouse space at 1089 12th Street Vero Beach, FL 32960.
“Proportionate Share” means a fraction, the numerator of which is the Leasable Area of the Premises and the denominator of which is the aggregate of the Leasable Area of all rentable premises in the Building.
“Rent” means the total of Base Rent and Additional Rent plus applicable sales tax.

LEASED PREMISES

1. 1. The Landlord agrees to rent to the Tenant the warehouse space municipally described as 1089 12th Street Unit Vero Beach, Florida 32960, (the “Premises”).
  2. The Premises will be used for only the following permitted use (the “Permitted Use”): Any legal small business use allowed in the CL Commercial Limited zoning district.
  3. No pets, reptiles, aquatic species or animals are allowed to be kept in or about the Premises or in any common areas in the Building containing the Premises.
  4. Subject to the provisions of this Lease, the Tenant is entitled to exclusive use of 1-Parking Space directly in front of unit (the “Parking”). Only properly insured and current license plated motor vehicles may be parked in the Tenant’s space.
  5. 5The Premises are provided to the Tenant without any fixtures, or leasehold improvements.

TERM

1. 1. The term of the Lease commences at 12:00 noon on ___ Day of ____ 2021, and ends at 12:00 noon on ___ Day of ____ 2021. (The “Term”). First month’s rent will be prorated.
  2. Should the Tenant remain in possession of the Premises with the consent of the Landlord after the natural expiration of this Lease, a new tenancy from month to month will be created between the Landlord and the Tenant which will be subject to all the terms and conditions of this Lease but will be terminable upon either party giving one month’s notice to the other party.

RENT

1. 1. Subject to the provisions of this Lease, the Tenant will pay a base rent of Three Hundred and Fifty Dollars ($350.00), (however if paid on time there is a $50.00 discount) payable per month, for the Premises (the “Base Rent”), without setoff, abatement or deduction. In addition to the Base Rent, the Tenant will pay for any fees or taxes arising from the Tenant’s business.
  2. The Tenant will pay the Base Rent on or before the first of each and every month of the Term to the Landlord at Center State Bank Vero Beach, FL 32960, or at such other place as the Landlord may later designate.
  3. The Base Rent for the Premises will increase over the Term of the Lease as follows: First Year Two Hundred and Ninety Nine ($299.00), Second Year Three Hundred and Thirteen Dollars and Ninety Five Cents ($313.95).
  4. The Tenant will be charged an additional amount of 10.00% of the Base Rent plus sales tax for any late payment of Base Rent.
  5. No acceptance by the Landlord of any amount less than the full amount owed will be taken to operate as a waiver by the Landlord for the full amount or in any way to defeat or affect the rights and remedies of the Landlord to pursue the full amount.

OPERATING COSTS

The Landlord will be responsible for paying the following operating costs:

Property or building taxes and sales or use taxes related to the Building or this Lease, b. cleaning and janitorial services for the common bathroom only.
All utilities supplied to the Common Areas and Facilities.
All insurance relating to the Building as placed by the Landlord from time to time, acting prudently.
Repairs and replacements to the Building and any component of the Building.
Operation and maintenance of parking areas; and
Preventive maintenance and inspection.

GUARANTEES

1. 1. The Guarantor (individually and collectively the “Guarantor”) is the person who has agreed to execute the Personal Guarantee of the Tenant’s obligations and covenants in this Lease in the form attached to this Lease as Schedule “B”. The Tenant, at its expense, will cause any such Guarantors to execute such Personal Guarantee at the same time as the Tenant executes the Lease.
  2. The Tenant will continuously occupy and utilize the entire Premises in the active conduct of its business in a reputable manner on such days and during such hours of business as may be determined from time to time by the Landlord.
  3. The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes, bylaws, rules and regulations of any federal, state, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them.

ADVANCE RENT AND SECURITY DEPOSIT

1. 1. On execution of this Lease, the Tenant will pay the Landlord advance rent (the “Advance Rent”) to be held by the Landlord without interest and to be applied on account of the first and last installments of Base Rent as they fall due and to be held to the extent not so applied as security for and which may be applied by the Landlord to the performance of the covenants and obligations of the Tenant under this Lease.
  2. On execution of this Lease, the Tenant will pay the Landlord a security deposit equal to the amount of Two Hundred and Ninety Nine Dollars ($299.00), (The “Security Deposit”) to be held by the Landlord without interest. The Landlord will return the Security Deposit to the Tenant at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear.
  3. The Tenant may not use the Security Deposit as payment for the Rent.

QUIET ENJOYMENT

The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Premises for the agreed term.

DISTRESS

If and whenever the Tenant is in default in payment of any money, whether hereby expressly reserved or deemed as rent, or any part of the rent, the Landlord may, without notice or any form of legal process, enter upon the Premises and seize, remove and sell the Tenant’s goods, chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord’s right of distress.

OVER HOLDING

If the Tenant continues to occupy the Premises without the written consent of the Landlord after the expiration or other termination of the Term, then, without any further written agreement, the Tenant will be a month-to month tenant at a minimum monthly rental equal to twice the Base Rent and subject always to all of the other provisions of this Lease insofar as the same are applicable to a month-to-month tenancy and a tenancy from year to year will not be created by implication of law.

ADDITIONAL RIGHTS ON REENTRY

If the Landlord reenters the Premises or terminates this Lease, then:

Notwithstanding any such termination or the Term thereby becoming forfeited and void, the provisions of this Lease relating to the consequences of termination will survive;
the Landlord may use such reasonable force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Premises and the Tenant hereby releases the Landlord from all actions, proceedings, claims and demands whatsoever for and in respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon;
the Landlord may expel and remove, forcibly, if necessary, the Tenant, those claiming under the Tenant and their effects, as allowed by law, without being taken or deemed to be guilty of any manner of trespass;
In the event that the Landlord has removed the property of the Tenant, the Landlord may store such property in a public warehouse or at a place selected by the Landlord, at the expense of the Tenant. If the Landlord feels that it is not worth storing such property given its value and the cost to store it, then the Landlord may dispose of such property in its sole discretion and use such funds, if any, towards any indebtedness of the Tenant to the Landlord. The Landlord will not be responsible to the Tenant for the disposal of such property other than to provide any balance of the proceeds to the Tenant after paying any storage costs and any amounts owed by the Tenant to the Landlord.
The Landlord may re-let the Premises or any part of the Premises for a term or terms which may be less or greater than the balance of the Term remaining and may grant reasonable concessions in connection with such re-letting including any alterations and improvements to the Premises.
after reentry, the Landlord may procure the appointment of a receiver to take possession and collect rents and profits of the business of the Tenant, and, if necessary, to collect the rents and profits the receiver may carry on the business of the Tenant and take possession of the personal property used in the business of the Tenant, including inventory, trade fixtures, and furnishings, and use them in the business without compensating the Tenant.
After reentry, the Landlord may terminate the Lease on giving 5 days’ written notice of termination to the Tenant. Without this notice, reentry of the Premises by the Landlord or its agents will not terminate this Lease.
the Tenant will pay to the Landlord on demand:

All rent, Additional Rent, and other amounts payable under this Lease up to the time of reentry or termination, whichever is later.
reasonable expenses as the Landlord incurs or has incurred in connection with the reentering, terminating, re-letting, collecting sums due or payable by the Tenant, realizing upon assets seized; including without limitation, brokerage, fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order, repairing the same and preparing them for re-letting; and
as liquidated damages for the loss of rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the Term had it not been terminated, at the option of the Landlord, either:

An amount determined by reducing to present worth at an assumed interest rate of twelve percent (12%) per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion of the Term, such determination to be made by the Landlord, who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or
An amount equal to the Base Rent and estimated Additional Rent for a period of six (6) months.

INSPECTIONS

Tenant acknowledges that it inspected the Premises, including the grounds and all buildings and improvements, and that they are, at the time of the execution of this Lease, in good order, good repair, safe, clean, and tenantable condition.

RENEWAL OF LEASE

Upon giving written notice no later than 60 days before the expiration of the term of this Lease, the Tenant may renew this Lease for an additional term. All terms of the renewed lease will be the same except for any signing incentives/inducements and this renewal clause. The new rent shall be ___________, plus options i.e. parking, excess electricity and state sales tax.

TENANT IMPROVEMENTS

The Tenant will obtain written permission from the Landlord before doing any of the following:

Painting, wallpapering, redecorating or in any way significantly altering the appearance of the Premise:
Removing or adding walls or performing any structural alterations.
Changing the amount of heat or power normally used on the Premises as well as installing additional electrical wiring or heating units.
Subject to this Lease, placing or exposing or allowing to be placed or exposed anywhere inside or outside the Premises any placard, notice or sign for advertising or any other purpose.
Affixing to or erecting upon or near the Premises any radio or TV antenna or tower, or satellite dish; or
Installing or affixing upon or near the Premises any plant, equipment, machinery, or apparatus without the Landlord’s prior consent.

TENANT CHATTELS

The Landlord will not supply any chattels. Chattels are the personal property of a tenant.

Utilities and Other Costs

1. 1. The Landlord is responsible for the payment of the following utilities and other charges in relation to the Premises: water, sewer, and telephone.
  2. The Tenant is responsible for the direct payment of the following utilities and other charges in relation to the Premises: Additional parking spaces are $25.00 per month limited to 2-additional parking spaces. Additional parking spaces are for use at any time and the vehicle or enclosed trailer (not to exceed 20’ in length) and must have a current license plate and insurance.
  3. The Tenant is responsible for paying to the Landlord the following utilities and other charges: Electricity surcharge for any use in excess of the 110v outlet and the single ceiling lighting provided by Landlord.

INSURANCE

The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. The Tenant is advised that, if insurance coverage is desired by the Tenant, the Tenant should inquire of Tenant’s insurance agent regarding a Tenant’s policy of insurance.

ABANDONMENT

If at any time during the Term, the Tenant abandons the Premises or any part of the Premises, the Landlord may, at its option, enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord’s discretion, as agent for the Tenant, re-let the Premises, or any part of the Premises, for the whole or any part of the then unexpired Term, and may receive and collect all rent payable by virtue of such re-letting, and, at the Landlord’s option, hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired Term, if this Lease had continued in force, and the net rent for such period realized by the Landlord by means of the re-letting. If the Landlord’s right of reentry is exercised following abandonment of the premises by the Tenant, then the Landlord may consider any personal property belonging to the Tenant and left on the Premises to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord will deem proper and is relieved of all liability for doing so.

GOVERNING LAW

It is the intention of the Parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted.

SEVERABILITY

If there is a conflict between any provision of this Lease and the applicable legislation of the State of Florida (the ‘Act’), the Act will prevail, and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

ASSIGNMENT AND SUBLETTING

The Tenant will not assign this Lease or sublet or grant any concession or license to use the Premises or any part of the Premises. An assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Landlord’s option, terminate this Lease.

BULK SALE

No bulk sale of goods and assets of the Tenant may take place without first obtaining the written consent of the Landlord, which consent will not be unreasonably withheld so long as the Tenant and the Purchaser are able to provide the Landlord with assurances, in a form satisfactory to the Landlord, that the Tenant’s obligations in this Lease will continue to be performed and respected, in the manner satisfactory to the Landlord, after completion of the said bulk sale.

ADDITIONAL PROVISIONS

Tenant Insurance: Tenant shall provide proof of liability insurance in the tenants name for a minimum coverage amount of Three Hundred Thousand Dollars ($300,000). Owner may require a higher amount depending on the proposed business use. The proof of insurance shall include the names: Dix Rentals, LLC and Arlyne Zorc.

CARE AND USE OF PREMISES

1. 1. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Premises.
  2. Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Tenant’s parking stall(s), and such vehicles may be towed away at the Tenant’s expense. Parking facilities are provided at the Tenant’s own risk. The Tenant is required to park in only the space directly in front of their rental unit.
  3. The Tenant will not make (or allow to be made) any noise or nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort or convenience of other tenants.
  4. The Tenant will not engage in any illegal trade or activity on or about the Premises.
  5. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law.

SURRENDER OF PREMISES

At the expiration of the lease term, the Tenant will quit and surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and damages by the elements excepted.

HAZARDOUS MATERIALS

The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company.

RULES AND REGULATIONS

The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building, parking lot and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises.

GENERAL PROVISIONS

1. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
2. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as conditions of this Lease.
3. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recoverable by the Landlord as rental arrears.
4. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions, and liabilities pursuant to this Lease.
5. Time is of the essence in this Lease.
6. This Lease will constitute the entire agreement between the Landlord and the Tenant. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either party to this Lease except to the extent incorporated in this Lease. In particular, no warranties of the Landlord not expressed in this Lease are to be implied.

IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on this _____ Day of ______ 2021.

LANDLORD: _____________ ________________________ ___________

(SIGNATURE) (NAME) (DATE)

TENANT: _____________ ________________________ ___________

(SIGNATURE) (NAME) (DATE)

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COMMERCIAL LEASE AGREEMENT

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