This agreement
is entered into in Martin County, Florida between:
LANDLORD:
SUNSHINE HOLDINGS, INC.
whose address
is P.O. BOX 1189 JUPITER, FLORIDA 33468
Telephone(s):
561-741-1185 fax 561-748-6020
TENANT:
LIBERATOR MEDICAL SUPPLY, INC.
whose address
is 2700 SE MARKET PLACE STUART, FLORIDA 34997
telephone (s)
772-281-2414 fax 772-287-3280
The Landlord,
for the consideration of the rents to be paid by the Tenant and the
covenants to be kept by the Tenant, hereby leases the following
premises to the Tenant:
DESCRIPTION OF
THE LEASED PREMISES: Approximately 25,268 square
feet.
STREET ADDRESS:
2979 SE Gran Park Way Stuart, Florida 34997.
LEASE TERM:
87 months. SEE ADDENDUM C.
In the event
that the leased premises is still under construction on
commencement date, the term of this lease shall be adjusted so that
commencement date shall be deemed to be the day following the
issuance of Certificate of Occupancy ON A SHELL BUILDING
issued by the proper Government authority. SEE ADDENDUM B
PARAGRAPH 1 FOR COMMENCEMENT DATE.
ACCEPTANCE BY
TENANT: The Tenant, as consideration for the use of the leased
premises, hereby leases the premises and agrees to abide by the
terms and conditions of this lease.
AMOUNT OF RENT:
The Tenant agrees to pay the Landlord the minimum rent for the full
term of this lease the total rental of: ONE MILLION SIX HUNDRED
SEVENTY TWO THOUSAND EIGHTY DOLLARS
$1,672,080 plus THE TOTAL of operating expenses
including but not limited to real estate taxes, property insurance,
maintenance, office wastebasket trash removal, landscape
maintenance, water and sewer, security lighting,, MANAGEMENT
FEES, PROPERTY OWNERS ASSOCIATION ASSESSMENTS, etc. which are
estimated at $4,211 per month for the first lease year.
SEE ADDENDUM B PARAGRAPH 5 FOR EXPENSES PAID DIRECTLY BY THE
TENANT.
MANNER OF
PAYMENT: The above rent AND OPERATING EXPENSES shall be paid
monthly in advance on first day of each month. If the rent is not
received by the Landlord on 5th. day of the month, a late fee of 5%
of the rent due shall be added to amount due and be deemed as
additional rent. Landlord reserves the right to require the Tenant
to pay the rent via Electronic Funds Transfer by giving the Tenant
30 day’s written notice
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MONTHLY RENT
SCHEDULE: FIRST 3 MONTHS ARE FREE.
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MONTHS 4-15:
$17,110 MONTHS
52-63: $20,800
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MONTHS
64-75: $21,840
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MONTHS
16-27: $17,970 MONTHS 76-87:
$22,930
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A
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First
month’s rent
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$
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17,110.00
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First
month’s operating expenses
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$
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4,211.00
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Sales tax on
first month’s rent and operating expenses
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$
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1,279.26
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Security
deposit
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$
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38,439.00
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Other
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$
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—
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Total due upon
lease signing
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$
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61,039.26
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USE OF
PREMISES: The tenant shall use the property for OFFICE, MEDICAL
SUPPLY WAREHOUSE AND
DISTRIBUTION and for no other purposes.
STANDARD TERMS:
The parties agree to abide by the attached “STANDARD TERMS
AND CONDITIONS” (pages 1 thru 12).
ADDENDUM (S):
The parties agree to abide by the attached addendum(s): A, B, C
AND D.
FACSIMILE: A
facsimile copy of this lease and any signatures hereon shall be
considered for all purposes as originals.
IN WITNESS
WHEREOF, the parties hereto set their hands and seals:
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LANDLORD:
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AS
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/s/ PAUL
MARTIN
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2/11/05
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SUNSHINE
HOLDINGS INC. BY PAUL MARTIN GLAFENHEIN IT’S
PRESIDENT
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DATE
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/s/ ROBERT J.
DEVIS
AS TO THE
LANDLORD
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TO
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TENANT:
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ALL
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/s/ MARK
LIBRATORE
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2/11/05
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LIBERATOR
MEDICAL SUPPLY, INC. BY MARK LIBRATORE, IT’S
PRESIDENT
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DATE
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/s/
Illegible
AS TO THE
TENANT
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GUARANTOR
(S):
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/s/ MARK
LIBRATORE
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2/11/05
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MARK
LIBRATORE, INDIVIDUAL
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DATE
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/s/
Illegible
AS TO GUARANTOR
(S)
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B
ADDENDUM A
LEASE
2979 GRAN PARK WAY, STUART, FLORIDA
STUART BUSINESS CENTER EAST
SUNSHINE HOLDINGS, INC., LANDLORD
LIBERATOR MEDICAL SUPPLY, INC., TENANT
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