Fill and Sign the 1 Lease Agreement between City of Orlando and Form

Lease of Showroom Lease Agreement made on the ________________ (date) , between ______________________ (Name of Lessor) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ______________________________________________________________________ (street address, city, state, zip code) , referred to herein as Lessor , and _______________________ (Name of Lessee) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ______________________________________________________________________ (street address, city, state, zip code) , referred to herein as Lessee . 1. Description of Leased Premises Lessor leases to Lessee a portion of the premises known as ________________ _______________ (Name of Premises) , located at ____________________________ ______________________________________ (street address, city, state, zip code) , consisting of a showroom, marked number _____ (number) , comprising approximately __________ (number) square feet on the ________ (ordinal number) floor of the premises, and described on the floor plan attached to and made a part of this lease agreement as Exhibit A , hereinafter referred to as the Leased Premises . 2. Term The term of this Lease Agreement commences on __________________ (date) , and terminates on ________________ (date) , at __________ (time) , unless sooner terminated as provided in this Lease Agreement. Except as otherwise provided in this Lease Agreement, Lessee shall take possession and commence paying rents as of the commencement date. 3. Rent Lessee shall pay to Lessor in advance on the first day of each month during the term of the Lease Agreement, $______________, without any deduction, setoff, prior notice, or demand. Beginning on the first anniversary of the commencement date and continuing on each succeeding anniversary, base rent per month shall be increased by ________%. 4. Taxes Lessee shall pay to Lessor Lessee's participation multiplied by the total amount of taxes for the tax year ending in the calendar year. The term tax shall include the following: real estate taxes and all other taxes relating to the building and land upon which it is located, all other taxes that may be levied in lieu of or in addition to real estate taxes, assessments, taxes on personal property owned by Lessor and used on the building, taxes or any other levy assessed against Lessor on account of rent, and all other governmental charges or levies of any kind and nature for public improvements, services or benefits which are assessed, levied or become payable during the term of the Lease Agreement, including any tax directly substituted for any real property taxes, and all the cost and expenses of contesting any such taxes. Lessee shall pay its share of taxes within ______ (number) days after notice. 5.Utilities Lessee shall pay to Lessor an amount equal to Lessee's participation multiplied by Lessor's estimated monthly cost of providing utilities to the building. The term utility costs shall include the costs of electricity, gas, or other utilities necessary for heating, air-conditioning, lighting, the operation of elevators or escalators, and the operation of office machines and other equipment used in or about the building. Lessee shall pay its share of such utility costs on the first day of each month during the term of this Lease Agreement. 6. Operation and Maintenance Expenses Lessee shall pay to Lessor an amount equal to Lessee's participation multiplied by Lessor's operating expenses in connection with the building and land. The term operation and maintenance expenses shall include all costs of operating, maintaining, and managing the building and land on which it is located, including but not limited to costs of landscaping, water and sewer, waste disposal, janitorial services, air- conditioning, heating, security, elevators and escalators, window washing, repair and servicing of equipment, licenses, permits and inspection fees, salaries and wages, employee benefits, payroll taxes, accounting, auditing and legal expenses, management fees, taxes on personal property used on the building, capital expenditures required to comply with laws and regulations relating to the building, and the cost of contesting the validity or applicability of any governmental enactment affecting the operation and maintenance of the building. Lessee shall pay its share of operation and maintenance expenses within ______ (number) days from notice. 7. Security Deposit Lessee shall pay Lessor, upon execution of this Lease Agreement, a security deposit of $____________ to be held by Lessor to secure all payments due under this Lease Agreement and Lessee's compliance with its obligations under this Lease Agreement. If Lessor applies any part of the deposit to cover such payments due, Lessee shall immediately, upon notice, restore the deposit to its full amount. At the expiration of this Lease Agreement, any unused balance shall be refunded to Lessee. No interest shall be paid on the security deposit. 8. Use of Premises The Leased Premises shall be used by Lessee exclusively as a show room for (description of products) ________________________________________________ __________________________________________________ for the sole purpose of exhibiting and selling at wholesale such products. Lessee shall not use the Leased Premises for purposes of selling directly to retail customers. Lessee shall maintain on the Leased Premises a representative display of its products. Lessee shall keep the Leased Premises open for business from ________ (time) to ________ (time) , Monday through Friday; from __________ (time) to __________ (time) on Saturdays; from _________ (time) to __________ (time) on Sundays; and from __________ (time) to ________ (time) on holidays (except the following holidays: (list names of holidays) _____________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________. 9. Restrictions on Use A. Lessee shall not use or allow the use of the Leased Premises, or bring or keep anything in or on the Leased Premises that will increase the risks covered by insurance on the Leased Premises and result in an increase in the rate of insurance or in a cancellation of any insurance policy, even if the use may be in furtherance of Lessee's business purposes. B. Lessee shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the Leased Premises or any law or regulation affecting the occupancy and use of the Leased Premises. C. Lessee shall not obstruct or interfere with the rights of other Lessees of the building, or injure or annoy them. D. Lessee shall not use or allow the Leased Premises to be used for any illegal or immoral purpose. 10. Trade Shows and Productions If a majority of the Lessees of the building decide to sponsor or participate in any trade show or promotion, Lessee agrees to pay its proportionate share of the cost of the show or promotion. Lessee also agrees to keep the Leased Premises open and properly staffed during the period of such trade shows or promotions. 11. Delivery, Acceptance, and Surrender of Leased Premises Lessor represents that the Leased Premises are in good, sanitary, and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the Leased Premises shall constitute recognition of such condition. At the expiration of this Lease Agreement, Lessee shall surrender the Leased Premises in the same condition as when Lessee took possession, allowing for reasonable use and wear and damage by fires, storms, or any act of God. Before surrendering the Leased Premises, Lessee shall remove all business signs and all items of personal property placed on the Leased Premises by Lessee and restore the portion of the Leased Premises on which they were placed in the same condition as when the Leased Premises were delivered to Lessee. 12. Building Services A. Lessor shall provide heating and air-conditioning, as well as escalator, elevator, and janitorial service for the public portions of the building. However, Lessor shall not be liable for any interruption or stoppage of such services caused by mechanical breakdown, repair of equipment, accident, restrictions on the use of energy, unusual weather conditions, labor problems, unavailability of material, or other circumstances beyond the control of Lessor. B. The removal of large items of garbage, such as cartons, packing materials, discarded equipment, furniture, or fixtures shall be the responsibility of Lessee. Lessee may arrange with a private contractor or with Lessor for their removal. Any garbage left outside the Leased Premises for more than 24 hours shall be removed by Lessor at Lessee's expense. 13. Alterations, Additions and Improvements A. Lessor shall construct at its own expense partitions between the Leased Premises and other Lessees' Premises and the common areas. Lessee shall be responsible for the interior painting or covering of the partition constructed by Lessor. B. Lessee shall construct or provide at its own cost and expense all interior partitions, lighting fixtures, wall and floor coverings, painting, and other interior decoration suitable for a show room. The following conditions with respect to alterations, additions, or improvements by Lessee shall be observed: 1. Before commencement of any work, all plans and specifications shall be submitted to Lessor for approval and shall be filed with and approved by all governmental authorities having jurisdiction and by any public utility company having an interest in the Premises. All work done by or for Lessee on the Leased Premises shall be in conformity with all laws and regulations. 2. Before commencing any work on the Leased Premises, Lessee shall pay to Lessor the amount of any increase in premiums on insurance policies provided for in this Lease Agreement because of endorsements to be made covering the risk during the course of the work. If the estimated cost of the work shall exceed $____________, Lessee shall, at its own cost, furnish Lessor with a performance bond underwritten by a surety acceptable to Lessor in an amount equal to the estimated cost of the work, to guarantee the completion of the work, free and clear of all liens, encumbrances, and security interests, according to the approved plans and specifications. 3. Lessee agrees not to overload the electrical circuitry of the Leased Premises. If additional electrical circuitry is necessary for use of the Leased Premises, Lessee shall pay its cost. 4. All alterations, additions, and improvements on or in the Leased Premises, except unattached movable fixtures, shall become part of the Leased Premises and the sole property of Lessor, unless Lessor notifies Lessee to restore the Leased Premises or the specific portions designated by Lessor to the same condition in which they were at the time of delivery of the Leased Premises to Lessee, at the expense of Lessee and prior to the termination of this Lease Agreement. 14.Repairs and Maintenance Lessee shall, at its own expense, maintain in good condition and keep clean all portions of the Leased Premises, except exterior walls and the roof which shall be maintained in good condition and repair by Lessor. Lessor is not obliged to furnish janitorial service to the Leased Premises. 15. Signs and Awnings A. Lessee shall not paint or place signs or install any awnings or other structures projecting from the exterior of the Leased Premises without the prior, express, and written consent of Lessor. Lessee shall remove such signs, awnings, or other structures that it has placed on the Leased Premises which, in Lessor's opinion, are offensive or otherwise objectionable. If Lessee fails to remove such signs, awnings, or other structures within ______ (number) days after receiving written notice from Lessor to remove them, Lessor may enter the Leased Premises and remove them at the expense of Lessee. B. Lessee shall not conduct going out of business, lost our Lease, liquidation, or other sales of that nature on the Leased Premises without the prior, express, and written consent of Lessor. 16. Movement of Bulky Objects Merchandise, furniture, fixtures, and other bulky objects shall be moved into and removed from the Leased Premises only through the freight entrance and freight elevator. 17. Destruction of Leased Premises A. If the building in which the Leased Premises are located should be totally destroyed by fire, earthquake, or other cause to such an extent that it cannot be rebuilt or repaired within ______ (number) days after the date of such destruction, this Lease Agreement shall be terminated. B. If the building in which the Leased Premises are located should be partially damaged by fire, earthquake, or other cause, but only to such an extent that it can be rebuilt or repaired within ______ (number) days after the date of such destruction, this Lease Agreement shall be terminated only as otherwise provided in this Lease Agreement. If Lessor intends to rebuild or repair the Premises, Lessor shall, within _______ (number) days after the date of the damage, give written notice to Lessee of the intention to rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was in immediately prior to the destruction. However, Lessor shall not be required to rebuild, repair, or replace any improvements or alterations made by Lessee within the building. During the period of rebuilding or repairing, rent shall be reduced proportionately to the extent to which the repair operations interfere with the use of the Leased Premises by Lessee. If, after rebuilding or repairing has commenced, the rebuilding or repairing cannot be completed within _______ (number) days after the date of partial destruction, then Lessor may either terminate this Lease Agreement or continue with a proportional rent rebate to Lessee. 18. Insurance Lessee shall, at its cost, maintain comprehensive liability insurance, including public liability and property damage, insuring Lessee and Lessor for at least $______________ for each bodily injury, $______________ per occurrence and $______________ for property damage. A copy of the certificate of insurance shall be provided Lessor. Lessee shall provide a written stipulation from insurers to notify Lessor in writing at least _______ (number) days prior to cancellation or refusal to renew any policy. If the insurance is not kept in force during the entire term of this Lease Agreement or an extension of this Lease Agreement, Lessor may procure the necessary insurance and pay the premium for it, and the premium shall be repaid by Lessee to Lessor as an additional rent installment for the month following the date on which the premiums were paid by Lessor. 19. Non-liability of Lessor for Damages and Indemnity Lessor shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Leased Premises by Lessee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Leased Premises. Lessee shall indemnify Lessor from all liability, loss, or damage claims or obligations resulting from any injuries or losses of this nature. Lessee waives any claim against Lessor for damages relating to its occupancy of the Leased Premises from any cause, including but not limited to burglary, theft, or damage by water. 20. Liens Lessor shall have a lien for all amounts due from Lessee on all items of personal property of Lessee in the Leased Premises. Such liens shall be in addition to any other remedies that Lessor may have. Upon the occurrence of any ground constituting a breach of this Lease Agreement, Lessor shall have the option to enter the Leased Premises and take possession of any personal property of Lessee on the Leased Premises, sell the property with or without notice at private or public sale, at which Lessor or its assigns may purchase, and apply the proceeds, after deducting expenses in connection with the sale, as a credit against any amounts due from Lessee to Lessor, and any excess shall be delivered to Lessee. 21. Entry on Premises by Lessor Lessor or its agent shall have the right to enter the Leased Premises at all reasonable hours to inspect them, perform required maintenance and repairs, or make additions, alterations, or modifications to any part of the building in which the Leased Premises are located. Lessor may erect the necessary structures, post relevant notices, and place movable equipment in connection with the making of such additions, alterations, or modifications, without liability to Lessee for disturbance of the quiet enjoyment of the Leased Premises or for loss of use or profits. Lessor may also enter the Leased Premises for the purpose of performing, at Lessee's expense, repair and maintenance work that Lessee is obliged to render under this Lease Agreement, but which Lessee fails to do after ______ (number) days written notice. 22. Assignment and Sublease A. Lessee shall not assign or sublease the Leased Premises, or any right or privilege connected with the Premises, or allow any other person except its employees and agents to occupy the whole or any part of the Leased Premises, without the prior, express, and written consent of Lessor. A consent by Lessor shall not be a consent to a subsequent assignment, sublease, or occupation by other persons. Any unauthorized assignment, sublease, or consent to occupy by Lessee shall be void and shall, at the option of Lessor, terminate this Lease Agreement. B. This Lease Agreement, or any interest of Lessee in this Lease Agreement, is not assignable by operation of law without the prior, express, and written consent of Lessor. 23. Sale of Leased Property If Lessor sells or otherwise conveys the Leased Property, Lessor shall be released from any liability subsequently arising based on any of the terms of this Lease Agreement. After such sale or conveyance, Lessee shall deal solely with Lessor's successor. Any security deposit held by Lessor shall be transferred to Lessor's successor and Lessor shall be discharged from any further liability with respect to it. 24. Option to Renew Lessor grants to Lessee an option to renew this Lease Agreement for a period of _____ years after expiration of the term of this Lease Agreement at a rental of $__________ per month, with all other terms and conditions of the renewal lease agreement to be the same as those of this Lease Agreement. If Lessee desires to exercise this option, Lessee must give Lessor written notice at least ______ (number) days before this Lease Agreement expires. 25. Holdover If Lessee holds over the whole or any part of the Leased Premises, without Lessor's prior, express, and written consent after the expiration of this Lease Agreement, a tenancy from month-to-month shall be created, and tenant shall pay rental of %_______ per month. 26. Breach of Agreement The following shall be deemed to constitute a breach of the terms of this Lease Agreement: A. The failure by Lessee to pay any amount of money due under this Lease Agreement. B. The failure by Lessee to comply with any other provision or condition of this Lease Agreement. C. The abandonment by Lessee of the whole or any part of the Leased Premises. 27. Remedies of Lessor for Breach by Lessee If Lessee breaches this Lease Agreement, Lessor shall, in addition to other rights and remedies, have the following remedies: A. Lessor may reenter the Leased Premises immediately and remove all the property and personnel of Lessee, store such property in a public warehouse or at any other place selected by Lessor, all at the expense of Lessee. Reentry by Lessor shall not by itself result in termination of this Lease Agreement, unless Lessor gives written notice to that effect. B. After reentry, Lessor may relet the whole or any part of the Leased Premises for any term without terminating this Lease Agreement, at such rent and on such terms as it may choose, for Lessee's account. Lessor may make such alterations and repairs to the Leased Premises as may be necessary or required. The duties and liabilities of the parties upon such reletting are as follows: 1. In addition to Lessee's liability to Lessor for breach of this Lease Agreement, Lessee shall be liable for all expenses of the reletting, including but not limited to broker's commissions, expenses of alteration and repairs, and all other expenses of Lessor. Lessee shall repay to Lessor such expenses on the dates the rent is due as provided in this Lease Agreement, minus the rent received by Lessor from reletting. 2. Lessor, at its option, shall have the right to apply the rent received from reletting the Premises as follows: (a) to reduce Lessee's indebtedness to Lessor under this Lease Agreement, not including indebtedness for rent; (b) to cover expenses of the reletting and alterations and repairs made; (c) to cover the rent due under this Lease Agreement; or (d) to the payment of future rent under this Lease Agreement as it becomes due. C. Lessor may terminate this Lease Agreement on giving _______ (number) days written notice of termination to Lessee. Upon termination of this Lease Agreement, Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the Leased Premises, the unpaid rent that had been earned at the time of the termination of this Lease Agreement, and the unpaid rent that would have been earned from the date of termination until the time this Lease Agreement would have expired but for the termination. All such amounts shall be immediately due and payable from Lessee. 28.Rules and Regulations The rules and regulations of the Building currently in force, a copy of which is attached to this Lease Agreement as Exhibit B , and all those that may be adopted by Lessor, a copy of which shall be given Lessee, are made a part of this Lease Agreement. 29. Subordination This Lease Agreement and all rights of Lessee under this Lease Agreement shall be subordinate to all ground Leases that now exist or may in the future be executed or amended affecting the building or the land upon which the building is situated, or both, and to the liens of any and all mortgages or deeds of trust that now exist or may in the future be executed or amended affecting the Leased Premises, the Building, or the land upon which the Building is situated. Lessee agrees to execute and deliver to Lessor, on demand, and without any expense to Lessor, any instrument that may be necessary or proper to subordinate this Lease Agreement. If Lessee fails to do so, Lessor, in addition to any other remedies available, may execute, acknowledge, and deliver all such instruments as Lessee's attorney-in-fact and in Lessee's name. Lessee irrevocably constitutes and appoints Lessor, its successors and assigns, as Lessee's attorney-in- fact for that purpose. 30. Eminent Domain A. Eminent domain proceedings resulting in condemnation of a part of the Leased Premises, but leaving the remaining portion of the Leased Premises usable by Lessee for the purpose for which it was intended, will not terminate this Lease Agreement unless Lessor, at its option, terminates this Lease Agreement by giving written notice of termination to Lessee. If Lessor does not exercise such option, the Lease Agreement for the remaining portion that is usable shall continue, and the rent shall be reduced proportionately. B. Eminent domain proceedings resulting in the condemnation of the entire building, including the Leased Premises, shall terminate this Lease Agreement as of the date of the physical taking of the Leased Premises. All awards for damages to the respective interests of Lessor and Lessee shall be paid to Lessor, except for specific items of damages that under the law must be paid to Lessee. 31. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 32. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 33. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 34. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 35. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 36. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 37. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 38. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. WITNESS our signatures as of the day and date first above stated. ____________________ ________________________ (Name of Lessor)(Name of Lessee) By:____________________________ By:_______________________________ _________________________________________________ (Printed name & Office in Corporation) (Printed name & Office in Corporation _______________________________________________ (Signature of Officer) (Signature of Officer) Attach Exhibits (Acknowledgment form may vary by state)