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LEASE WITH VICTORIA PLAZA, INC

Retail Lease Agreement

LEASE WITH VICTORIA PLAZA, INC | Document Parties: LIQUIDGOLF HOLDING CORP | Victoria Plaza, Inc. You are currently viewing:
This Retail Lease Agreement involves

LIQUIDGOLF HOLDING CORP | Victoria Plaza, Inc.

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Title: LEASE WITH VICTORIA PLAZA, INC
Governing Law: Florida     Date: 1/12/2004

LEASE WITH VICTORIA PLAZA, INC, Parties: liquidgolf holding corp , victoria plaza  inc.
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Exhibit 10.4

 

LEASE AGREEMENT

FOR

 

Liquidgolf.com Corporation

 

THIS LEASE, made as of this 2nd day of May, 2002, by and between Victoria Plaza, Inc. and whose principal address for purposes hereunder is 2113 Venetian Way, Winter Park, FL 32789 (“LESSOR”), and Liquidgolf.com Corporation , whose principal address is:

 

4185 W. Lake Mary Blvd Suite #131

Lake Mary, FL 32746

 

1.

PREMISES

 

LESSEE hereby leases from LESSOR that certain space identified as Unit Number 20 (the “Premises”), containing approximately 4,000 square feet of leasable area, having an address listed as 1017 W. Orange Blossom Trail, Apopka, Florida 32712, The Premises does not include any space above the interior surface of the ceiling, nor any part of the exterior walls of the building in which the Premises are located, nor the walks or Common Areas, as the latter is defined herein.

 

LESSEE covenants, as a material part of the consideration for this LEASE, to keep and perform each and all of the terms, covenants and conditions herein set forth.

 

2.

LEASE TERM AND COMMENCEMENT DATE

 

The term of this LEASE (the “LEASE Term”) shall commence on May 02, 2002 (the “Commencement Date”). LESSEE shall provide written acknowledgment of the LEASE commencement and expiration dates to LESSOR prior to LESSEE’s possession of the Premises. LESSEE shall continuously operate its business in the entire Premises, as required by this LEASE, during the entire LEASE term. See Addendum.

 

3.

ACCEPTANCE OF PREMISES

 

LESSEE acknowledges it has fully inspected and accepts the Premises in its present “as is” condition. The demising walls within the premise are to code per the City of Apopka and Orange County for a general retail use store.

 

4.

FAILURE TO OPEN

 

In the event LESSEE shall fail to open for business, fully fixtured, stocked and staffed within sixty (60) days following the Commencement Date, LESSOR shall have, in addition to any and all remedies provided herein, the sole option to terminate this LEASE.

 

5.

QUIET ENJOYMENT

 

Subject to LESSEE observing and performing all of the covenants, conditions and provisions required of LESSEE herein, LESSEE should have quiet possession of the Premises during the LEASE term.

 

6.

EFFECTIVE DATE

 

This LEASE shall become a binding and enforceable agreement upon the date executed by LESSOR and LESSEE (the “Effective Date”).

 

7.

USE

 

LESSEE shall use and occupy the Premises for a retail golf store and golf internet service only and shall neither use nor occupy the Premises for any other purposes, LESSEE shall not interfere with nor violate the use rights of nor conduct any activity, which may injure or annoy other lessees within the Shopping Center nor use or occupy the Premises in violation of any law, ordinance, government regulation or directive.

 

Lessee Initials  

 

        /s/    ADW         /                     


8.

BASE RENT

 

LESSEE shall pay to LESSOR, at the office of LESSOR, without notice, demand, deduction or setoff whatsoever, in lawful United States currency, the following rentals as Base Rent, together with any sales, use or other taxes assessed thereon, on or before the first day of each calendar month during the LEASE Term: See Addendum.

 

Period


 

  

Cam


 

  

Annual
Base Rent


 

  

State Sales
Tax @ 6
%


 

  

Total Annual
Base Rent


 

From: May 02, 2002

To:     July 31, 2002

  

 

  

$

0.00

  

$

0.00

  

$

0.00

 

 

 

 

 

From: August 01, 2002

To:     July 31, 2003

  

.90

  

$

8.90

  

$

0.53

  

$

9.43

 

 

 

 

 

From: August 01, 2003

To:     July 31, 2004

  

.95

  

$

9.35

  

$

0.56

  

$

9.91

 

 

 

 

 

From: August 01, 2004

To:     July 31, 2005

  

.99

  

$

9.82

  

$

0.59

  

$

10.41

 

 

 

 

 

From; August 01, 2005

To:     July 31, 2006

  

1.04

  

$

10.31

  

$

0.62

  

$

10.93

 

 

 

 

 

From: August 01, 2006

To:     July 31, 2007

  

1.08

  

$

10.83

  

$

0.65

  

$

11.48

 

Unless provided for otherwise under separate written agreement between the parties, the first scheduled payment of Base Rent and Additional Rent, as the latter is herein defined, shall be paid by LESSEE on or before September 01, 2002.

 

Payments of Base Rent and Additional Rent not received by the fifth (5th) working days of the month shall be subject to an administrative charge of 10%. In the event Base Rent and Additional Rent have not been received by the fifteenth (15th) day of the month, LESSEE’S account shall be transferred to an attorney for collection, and in addition to the costs and charges described above, LESSEE shall also be responsible for the payment of all associated legal expenses incurred therefrom. Should a check from LESSEE be dishonored or returned by the bank for any reason, LESSOR shall be entitled to apply, in addition to the above assessments, a service charge of fifty dollars ($50) for each such occurrence.

 

9.

ADDITIONAL RENT

 

It is the intent for the Base Rent and all sales or use taxes imposed thereon payable to LESSOR to be absolutely net of all annual expenses associated with the operation of the Shopping Center. Therefore, in addition to Base Rent and Percentage Rent, LESSEE shall pay, as Additional Rent, its Pro Rata Share (as herein defined), plus any sales or use taxes assessed thereon, of the following:

 

(a) TAXES: Representing the amount of all real and personal property taxes or assessments, including without limitation: sanitary taxes, solid waste fees, or special assessments, and all costs and expenses incurred by LESSOR in contesting the same, which are levied, imposed or assessed upon the Shopping Center.

 

(b) INSURANCE: Representing the cost of all fire, extended coverage, liability, workmen’s compensation and other insurance coverage carried by LESSOR on the Shopping Center. If LESSEE’S approved use or occupancy of the Premises shall cause any increase in premiums for insurance coverage of the Shopping Center, LESSEE shall be responsible for payment of the entire premium increase.

 

LESSEE’S Pro Rata Share shall be determined by dividing the approximate square footage of the Premises by the approximate square footage of the total leasable area of the Shopping Center. If any lessees of the Shopping Center directly pay Taxes, Insurance, or Common Area Maintenance charges to any taxing authority, insurance carrier, utility provider, or service contractor, the square footage of those lessees shall be excluded from the total leasable area of the Shopping Center in computing LESSEE’S Pro Rata Share of those items.

 

Lessee Initials  

 

        /s/    ADW         /                     


10.

PAYMENT OF ADDITIONAL RENT

 

LESSEE shall pay LESSOR, together with Base Rent, monthly installments of Additional Rent on the first day of each calendar month of the term in an amount estimated by LESSOR as provided herein, LESSOR shall endeavor to deliver to LESSEE a statement of the actual Additional Rent payable by LESSEE within 30 days of the end of each calendar year. In the event LESSOR has underestimated the amount of the Additional Rent payable be LESSEE during the term it shall be payable in full 10 days from issuance of statement to LESSEE. LESSOR may deduct such sums from the LESSEE’S Security Deposit prior to return of same to LESSEE but such deduction shall not remove LESSEE’S obligation to pay it’s Pro Rata share of actual Additional Rent.

 

11.

PRORATION

 

If the first day of the LEASE commences on any day other than the first day of a month, or if this LEASE ends on any day other than the last day of a month, any payment due LESSOR by reason of any Base Rent or Additional Rent shall be justly and fairly prorated.

 

12.

APPLICATION OF PAYMENTS FROM LESSEE

 

LESSOR shall apply payments from LESSEE in the following order: First, toward interest charges accrued against LESSEE’S account; Second, toward administrative fees, late fees, service charges or legal expenses assessed against LESSEE’S account; Third, toward LESSOR’S reimbursable expenses, and then Fourth, toward Base Rent.

 

13.

SECURITY DEPOSIT

 

LESSEE, concurrently with its execution of this LEASE, has remitted to, deposited with, LESSOR, a Security Deposit in the amount of $3,356.67 as a partial security for its full and faithful performance of this LEASE and will submit ($3,356.67) for August’s rent. In addition, the LESSEE shall submit and additional $10,000 to be paid in three payments of $3,333.33 due the first day of May, June, and July. The total security deposit shall be $13,356.67. If LESSEE Defaults with respect to the payment of Base Rent, Percentage Rent or Additional Rent due under this LEASE, LESSOR, in its sole discretion, may elect to use, apply or retain all, or any part of the Security Deposit for the payment of any moneys due LESSOR, and LESSEE shall, on demand, restore the Security Deposit to its full amount. LESSOR shall not be required to keep the Security Deposit separate from its general funds and LESSEE shall not be entitled to interest on such deposit. If LESSEE fully performs each provision of this LEASE, the Security Deposit shall be returned to LESSEE within thirty (30) days following LEASE expiration and LESSEE’S vacating the Premises. See Addendum.

 

14.

CONTRACTUAL SECURITY INTEREST

 

In addition to any security or lien interest arising out of operation of law or statute, LESSEE grants LESSOR a valid Security Interest upon all of LESSEE’S equipment, fixtures, furniture, improvements and any other personal property presently in or which may hereafter be situated within the Premises, and all proceeds from sale therefrom.

 

15.

USE OF COMMON AREAS

 

The use and occupancy by LESSEE of the Premises shall include the use in common with others entitled to the use of the common areas, employee parking areas, service roads, loading facilities, sidewalks and customer parking areas located from time to time within the Shopping Center (collectively referred to as the “Common Areas”) provided however, the use of the Common Areas by LESSEE shall be subject at all times to the regulations adopted therefor by LESSOR.

 

16.

IMPROVEMENTS AND ALTERATIONS OF SHOPPING CENTER BY LESSOR

 

LESSOR may increase, reduce or change the number, dimensions or location of the walks, buildings and parking areas in any manner whatsoever LESSOR shall deem proper, and LESSOR reserves the right to make alterations or additions to the building in which the Premises are located, and to add buildings to the Shopping Center.

 

17.

N/A

 

Lessee Initials  

 

        /s/    ADW         /                     


18.

IMPROVEMENTS AND ALTERATIONS OF PREMISES BY LESSEE

 

LESSEE, upon obtaining the written consent of LESSOR, which consent may not be arbitrarily withheld, may make improvements or alterations to the Premises as LESSEE may from time to time deem necessary or desirable, provided however, LESSEE shall not have the right to make any improvements or alterations that affect the structure, or outward appearance of the Premises or the Shopping Center. LESSEE shall submit to LESSOR complete plans and specifications for such work at the time LESSOR’S approval for same is requested. Any improvements or alterations made to the Premises shall be in compliance with all insurance requirements and regulations and ordinances of governmental authorities, and shall, upon the expiration or sooner termination of this LEASE, become the property of LESSOR provided however, LESSOR may require LESSEE, at LESSEE’S sole cost and expense, to remove any such improvements or alterations and to repair any damages to the Premises caused by such removal. Furthermore, in the event LESSEE makes any improvements or alterations to the Premises, LESSEE shall cause all of LESSEE’S construction debris to be removed from the Premises and be disposed of outside the boundaries of the Shopping Center. The construction of any improvements shall be undertaken and maintained in a neat and orderly condition at all times with construction materials and equipment, if any, stored so as to be screened from view to the greatest extent possible.

 

The interest of LESSOR in the Premises and the Shopping Center is not subject to liens for improvements or alterations made by LESSEE. LESSEE shall comply with the Mechanic’s Lien Law of the State of Florida as set forth in Florida Statutes, Chapter 713. LESSEE will not create, nor permit to be created, nor allow to remain as a result of any action or work done or contracted for by LESSEE, any lien, encumbrance or charge levied on account of any imposition, or any mechanic’s, laborer’s or materialman’s lien which might be, or become a lien, encumbrance or charge upon the Premises or the Shopping Center. Any mechanic’s, laborer’s or materialman’s lien shall be discharged in accordance with the following:

 

If any mechanic’s, laborer’s or materialman’s lien shall at any time be filed against the Premises, or the Shopping Center, as a result of any action or work done on behalf of, or contracted for by LESSEE, LESSEE, within fifteen (15) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, or order of a court of competent jurisdiction. If LESSEE shall fail to cause such lien to be so discharged within the period aforesaid, then in addition to any other right or remedy available to LESSOR, LESSOR may, but shall not be obligated to, discharge such lien either by paying the amount claimed to be due or by transferring same to security, and in any such event, LESSOR shall be entitled, if LESSOR so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount of any judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by LESSOR, and all costs, expenses, and fees, including without limitation attorneys’ fees incurred by LESSOR in connection with any mechanic’s, laborer’s or materialman’s lien, whether or not the same has been discharged of record, together with interest thereon at one and one-half percent (1+1/2%) per month from the respective dates of LESSOR’s making of the payments and incurring of the costs and expenses, shall constitute Additional Rent payable by LESSEE to LESSOR upon demand.

 

Nothing contained in this LEASE shall be deemed or construed in any way as constituting the consent or request of LESSOR to any contractor, subcontractor, laborer or materialman for the performance of any labor, or the furnishing of any materials, for any alteration, addition, improvement or repair to the Premises or the Shopping Center, or as giving LESSEE any right, power or authority to contract for or permit the rendering of any services, or the furnishing of any materials that would give rise to the filing of any lien against the Premises, or the Shopping Center, nor to subject LESSOR’S estate in the Premises or the Shopping Center to liability under the Mechanic’s Lien Law of the State of Florida in any way.

 

19.

REPAIRS BY LESSOR

 

LESSOR agrees to keep and maintain in good order and repair the roof, and the structural components of the exterior walls (exclusive of all signs, doors, windows and glass, including plate glass) of the Premises. If any such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission by LESSEE, its agents, servants, or employees, or by breaking and entering, LESSEE shall pay to LESSOR the actual cost of such maintenance and repairs. LESSEE shall at once report in writing to LESSOR any known

 

Lessee Initials  

 

        /s/    ADW         /                     


defective condition which LESSOR is required to repair pursuant to this Paragraph and LESSEE’S failure to report to LESSOR any such condition or defect shall make LESSEE responsible to LESSOR for any liabilities, costs, expenses, and attorneys’ fees incurred by LESSOR as a result of such defect. LESSOR shall not be liable for failure to make such repairs or to perform any maintenance unless such failure shall persist for a period in excess of sixty (60) days following written notice to LESSOR of the need for such repair or maintenance. Except as herein provided regarding casualty loss, there shall be no abatement of rent, and no liability of LESSOR by reason of any injury to or interference with LESSEE’S business arising from the making of any repairs, alterations or improvements in or to any portion of the Shopping Center or the Premises, or in or to fixtures and equipment therein. LESSEE waives the right to make repairs at LESSOR’s expense under any law, statute or ordinance now or hereafter in effect.

 

20.

REPAIRS BY LESSEE

 

LESSEE shall at all times, and at its own cost and expense, be responsible for the maintenance and repair of all portions of the Premises not maintained by LESSOR, including all heating and air-conditioning equipment (including compressors, fans and ventilation ducts), and the water, sewer, electrical and fire sprinkler systems specifically serving the Premises. The LESSEE shall have a HVAC service contract which will provide for an annual inspection and monthly filter changes, LESSEE shall provide the LESSOR with a copy of the contract and/or inspection reports upon written request. To the extent any contractor warranties on said equipment or system are in effect at the time of LESSEE’s occupancy and use of the Premises, LESSOR shall assign or otherwise make available to LESSEE such warranties for LESSEE’S use. In the event the equipment or building contractor’s warranty on any of the referenced equipment or system has expired, LESSOR shall be responsible for the repair and maintenance of this item during LESSEE’S first ninety (90) day occupancy period of the Premises, LESSEE shall return the Premises to LESSOR at the termination of this LEASE in as good condition and repair as when first received, reasonable wear and tear excepted. Following the termination of this LEASE, and prior to return of LESSEE’s security deposit, LESSEE shall furnish LESSOR with an inspection report from an HVAC maintenance company acceptable to LESSOR that states the Premise’s heating, ventilation and air conditioning systems are operating properly and have not suffered from neglect. Failure by LESSEE to provide LESSOR with an HVAC inspection report, or for the report to state that the Premise’s heating, ventilation and air conditioning systems have been damaged as a result of neglect, shall result in LESSOR applying part or all of LESSEE’s security deposit to obtain the inspection report or repair or replace any damaged equipment. All damage or injury to the Shopping Center, Premises, or the Common Areas caused by the act or negligence of LESSEE, its agents, employees, or licensees shall be promptly repaired by LESSEE at its sole cost and expense and to the reasonable satisfaction of LESSOR. LESSOR may make such repairs which are not promptly made by LESSEE and charge LESSEE for the cost thereof as Additional Rent.

 

21.

RUBBISH REMOVAL

 

LESSEE shall keep the Premises clean, both inside and outside, and will remove all refuse from the Premises in accordance with rules and regulations established by LESSOR for same. LESSEE shall not burn any materials or rubbish of any description upon the Premises or Common Areas. The LESSEE shall, at its expense, contract with a solid waste disposal company to provide a dumpster and. pick-up services as needed by the LESSEE. The dumpster shall be located in a spot designated by the LESSOR.

 

22.

SIDEWALKS

 

LESSEE shall neither encumber nor obstruct the sidewalks adjoining the Premises nor allow the same to be obstructed or encumbered in any manner. LESSEE shall not place, nor cause to be placed, any merchandise, signs, vending machines or anything else on the sidewalk or exterior of the Premises without the prior written consent of LESSOR

 

23.

UTILITIES

 

LESSEE shall pay the cost of water and sewer, gas, electricity, fuel, light, heat, power, telephone, cable, and all other utilities furnished to the Premises, or the Shopping Center, and used by LESSEE, whether such utility costs are determined by separate metering or are billed by LESSOR. LESSEE shall not install any equipment nor use the Premises in a manner that will exceed or overload the capacity of any utility facilities. If LESSEE’S use of the

 

Lessee Initials  

 

        /s/    ADW         /                     


Premises shall require additional utility facilities , the same shall be installed only after obtaining LESSOR’s written approval, and such cost shall be at LESSEE’S expense and in accordance with plans and specifications approved in writing by LESSOR. If LESSEE’S use or occupancy of the Premises results in an increase to LESSOR of any utility expense, or connection or user fees, or charges for increased usage or capacity, or assessments of any kind whatsoever, LESSEE shall pay the entire amount thereof within thirty (30) days of LESSOR’S written statement for same. In no event shall LESSOR be liable for any interruption or failure in the supply of utilities to the Premises.

 

24.

PERSONAL PROPERTY AND LEASEHOLD IMPROVEMENT TAXES

 

LESSEE shall pay all real property taxes separately assessed against any permanently constructed improvements to the Premises made by LESSEE, and all personal property taxes assessed against or levied upon LESSEE’s fixtures, signs, furnishings, equipment, and all other pe


 
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