Backup Documents 02/27/2018 Item #16C7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOik r7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT V
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
2. BCC Office Board of County taw
Commissioners J}} �J 3-17-)E-
3. Minutes and Records Clerk of Court's Office ;AT 3.1317 ,y��w�['"�
�
PRIMARY CONTACT INFORMATION 7►
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was February 27, 2018 ✓ Agenda Item Number 16 C 7 ✓
Approved by the BCC
Type of Document Assignment and Amendment of Number of Original 1 /
Attached Triple Net Lease Documents Attached V
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHEC -
Initial the Yes column or mark"N/A"in the Not Applicable column, ichever is Yes N/A(Not
appropriate. itial) Applicable)
1. Does the document require the chairman's original signature? ,...• 19 d j 4 / N/A
2. Does the document need to be sent to another agency for additi s al signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Pho e)on an attached sheet
3. Original document has been signed/initialed for legal sufficiency. (All documents s De
signed by the Chairman,with the exception of most letters,must be • i- . •c . d signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2-13-2018,and all changes made during MD WAisnot
the meeting have been incorporated in the attached document. The County • ,,J.
Attorney's Office has reviewed the changes,if applicable. i A +
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. .'` -w
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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• -14
• --� • Memorandum
F OR 1 O P
NA
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property Management Specialist
Real Property Manage t
4>(
Date: March 9, 2018
Subject: Assignment and Amendment of Triple Net Lease
BCC: February 27, 2018
Item: 1
Please provide me with an electronic copy and retain the original for your files.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
16C7
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, March 13, 2018 2:05 PM
To: 'Dowling, Michael'
Subject: 2-27-2018 BCC Meeting (Item #16C7)
Attachments: Backup Documents 02_27_2018 Item #16C7.pdf
Hi Michael,
A copy of the Assigvtvvtevtt avtd Avvtevtdwtevtt of the
Triple Net Lease with Collier Plaza, LLC, is
attached for your records.
Thavtk you!
Avtvt Jevtvtejohvt, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustwtevtt Board
Collier Couvtty Board Mivtutes & Records Dept.
239-2.52-84O , Fax 23R-252-8408
1
1607
ASSIGNMENT AND AMENDMENT
OF TRIPLE NET LEASE
This Assignment and Amendment of Triple Net Lease (hereinafter referred to as
Amendment) is dated this 17 of � G l , 2018, by and between
FLORIDA GOVERNMENTAL UTILITY AUTHORITY, h einafter referred to as `Assignor,'
whose address is 11985 Collier Boulevard, Unit 7, Naples, Florida, and the Board of County
Commissioners of Collier County Florida, as the Governing Board of Collier County, and as Ex-
officio as the Governing Board of the Collier County Water-Sewer District, whose mailing address
is in care of Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida
34112, hereinafter referred to as `Assignee,' and Collier Plaza LLC, whose address is 12001 Glen
Road, Potomac, MD 20854, hereinafter referred to as `Owner' or `Landlord'.
RECITALS
WHEREAS, on October 25, 2010, 951 MB, LLC, a Missouri Limited Liability Company,
and Florida Governmental Utility Authority, entered into a Triple Net Lease (hereinafter referred to
as Lease) dated October 25, 2010, and attached hereto as Exhibit 'A' and is made a part hereof this
Amendment, for office space located at 11985 Collier Boulevard, Unit 7, Naples, Florida
(hereinafter referred to as the Premises); and
WHEREAS, on October 1, 2017, Owner, successor in interest from 951 MB, LLC,
submitted an Extension Agreement to Assignor, extending the Lease for an additional six (6)
months, with a base rent of $3,056.38 per month, with three percent annual increases, but was
unsigned by the Owner, and which the extension term and rent are being followed.
WHEREAS,Assignor desires to assign all of its rights,title,and interest in the Lease to
Assignee as of March 1, 2018.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the
Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. Assignor hereby assigns the Lease and all of its right, title and interest thereunder to
Assignee.
3. Assignee hereby accepts such assignment. Assignee shall have all of the rights of
Assignor under the Lease including, without limitation.
4. Assignee hereby assumes and agrees to be bound by all of Assignor's obligations under
the Lease. Assignee shall perform all the terms, covenants and conditions of the Lease.
5. This Assignment shall be binding upon and shall inure to the benefit of the Assignee and
its respective heirs, legal representatives, successors and assigns.
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6. Article 2 of the Lease is amended to "
read as follows:
LENGTH OF LEASE: This Lease is for a term of five (5) years starting November 1, 2010,
and ending October 31, 2015. In the event the subject property is a to-be-constructed
structure, this Lease shall commence of the 5t' day following the date of Certificate of
Compliance. If termination notice is not provided to the Landlord by the Tenant at least
thirty days prior to the expiration date of this Lease, the Tenant shall continue occupancy on
a month-to-month basis until December 31, 2018, unless Tenant, or its successors or assigns.
provides Landlord with thirty days prior written notice to terminate the Lease.
7. Article 3 a. of the Lease is amended to read as follows:
Tenant agrees to pay the rent, expenses and sales tax to Landlord in monthly installments.
Tenant shall pay an installment on the first day of each month in the amount of$2,559.15 for
rent,plus$0.00 for Florida State sales tax and $434.00 for Tenant's share of expenses during
the first year of the lease commencing November 1, 2010, and ending on October 31, 2012.
The monthly installment shall increase each lease year in the amount of one-twelfth(1/12) of
the annual increase.
The monthly rent shall be $2,967.14 plus $777.48 monthly for Tenant's share of expenses
(CAM) beginning March 1, 2018, up to and including December 31, 2018, hereinafter
referred to as the `Renewal Term.'
8. Article 17 of the Lease, is amended to read as follows:
Tenant address:
Collier County Water-Sewer District
c/o Real Property Management
3335 East Tamiami Trail, Suite 101
Naples,Florida 34112
9. In connection with Tenant's or its assignee's installation of the fiber optic cable, Tenant, at
its cost and expense, shall restore the Property to the same condition that it was on February 15,
2018, subject to the installed fiber optic cable. Accordingly:in the event that there are any damages
to the Property in connection with the installation of the fiber optic cable, Tenant shall hold
Landlord harmless and repair all such damages to the satisfaction of the Landlord.
10. The installed fiber optic cable shall be deemed the property of the Owner.
Signatures appear on the following page.
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IN WITNESS WHEREOF, the Parties have executed this Assignment and Amendment the 1 6 c 7
date first written above.
ASSIGNOR: C-7--
DATED: . J a Florida Governmental Utility Authority
WITNESSES:
BY:
(S' ure) ( ignature)
2,tea A nv Th D 61 e—S
eA e( ngaep( Print name
(Print name) • th el r
Print title
‘i(V.— .
(Sign ure)
(Print name)
ASSIGNEE: ''''',,
DATE % ./..44_,/,4,ZE.,/-) 7 y .0 / r Board of County Commissioners of Collier '•
ATTEST: 61 County Florida,as the Governing Board o
DWIGHT E. BROCK, Clerk Collier County, and as Ex officio as The •
�x f Governing B. • d o _ he Collier ^e
BY: � t �" l. Water-Sew Dis et
Attest a � !'` ; erk
.
SIgne.,,"'e.Q! ,... / 9'I'f,t tni11111r\�.},.
BY:
ANDY SOLIS, Chairman
LANDLORD:
DATED: ota.0 1 i Collier Plaza LLC
BY: , /� -moi
Signature
`1
-- 24r.4 -fit •;
Name
Approved as to form and legality: _
`:'ti OF i /v( -ti4.i;Eie r; . ..
Title
\
Jennife"If. Belpedio,Assis lit County Attorney )"..) <,
�v Item# 14e1
3 Agenda ZA n.
Date L . "'
Date i� i..
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Recd V7
I eputy le A ,
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EXHIBIT "A"
TRIPLE-NET LEASE
THIS AGREEMENT, entered into this " S `Emay of October, 2010, between 951 MB. L.LC._ A
MISSOURI LIMITED LIABILITY COMPANY herein designated 'LANDLORD' and FLORIDA
GOVERNMENTAL UTILITY AUTHORtI'Y whose address Is j1985 Collier Boulevard_ Unit 7.Naples,
Collier County,Florida herein designated as'TENANT'. The Landlord does this Date Lease to Tenant and
Tenant does hereby hire and take as Tenant under the Landlord rental space in 11985 Collier Boulevard.t,nit
7. Naples, Collier County. Flime1g. The building in which the rental space is located Including without
limitation the land underlying and contiguous thereto, all parking lots. sidewalks, other common areas and
improvements thereon are collectively referred to herein as 'the property'. THE LANDLORD AND THE
TENANT AGREE TO THE LEASE TERMS AS FOLLOWS,
1. RENTAL SPACL: The property being leased consists cit I tent-earning square feet as illustrated on
the plat attached (Exhibit 'A'). As to said rental space; ord shall provide the structure and the
improvements specified on the plat attached and no other terms. The rent-earning square footage of the
space is rneasured from the outside of the walls of the structure to the center of any party walk.
2. LENGTH OF LEASE- This lease is for a term of fiva.j,5)years starting November 1.201Q and ending
October 31. 2015 In the event the subject property is a to be-constructed structure, this Lease shall
commence on the 5"'day following the date of Certiticate of Compliance.
3. RENT. Tenant agrees to pay Landlord n.559.15 per month as base rent The base rent shall
increase three percent (3%) each year after the first year. Tenant will also pay all sales tax relating to
said rent monthly.but only if applicable.
a. Tenant agrees to pay the rent,expenses and sales tax to Landlord in monthly installments. Tenant
shall pay an installment on the first day of each month to tlx amount of n.559.15 for rent,plus
SQQQ for Florida State sales tax and SQQ for Tenant s share of expenses dunng the first year
of the lease commencing November I. 2010 and ending on October 31. 2012 The monthly
installment shall increase each lease year in the amount of one-twelfth (1/12) of the annual rent
increase
b. The first rent installment shall be in the amount of$L993.15 and shall be paid upon the execution
of this Lease. Landlord acknowledges receipt of a security deposit in the amount of)ij,798.4Q on
file from a previous lease dated October 12,2005.
c Tenant shall also pay its pro•rata share of expenses of the entire premises legally described
herein. It is the intention of Landlord and Tenant that this Lease Agreement is a Triple-Net
Lease and the Tenant is to pay his pro-rata share of all expenses,relating to the property both as
to building and grounds. The expenses to be paid by Tenant shall include, but not limited to the
Tenant's pro•rata share of the following (1) real estate taxes, (2) all insurances including fire
insurance. windstorm insurance. extended coverage insurance, flood Insurance and liability
Insurance, (3) grounds maintenance, including upkeep and repair and replacement of driveways
and parking facilities,and pro-rata share of sign rental;(4)all utilities:the Tenant shall pay 100%
of the costs of water, sewer, electric, telephone and all other utilities relating to Tenant's space
and it's pro-rata stare of same relating to hallways,entryways,parking areas and landscape areas,
(5)Tenant shall pay 100%of all repairs and replacements of the space rented by it. including but
not limited to wall surfaces, floors. ceilings, plumbing, electrical services, air conditioning
services and repairs and ii s pro-rata share of accounting costs as same relates to the walls,floor
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coverings,and all other repairs and replacements to building and grounds which are shared, (6)
Tenant shall pay its pro-rata share of accounting costs as same relates to the expenses of the
operation of the property, (7) Tenant shall pay its pro-rata share of administration costs in the
operation of the property,which administration costs are established at Ove percent (5%) of the
gross rents of all rented space on the property. Debt service will not be charged to Tenant,but
shall be the exclusive responsibility of Landlord. The pro-rata share of expenses shall be pard by
Tenant monthly with the rent; (8) the amount of Tenant's pro-rata share of expenses as to the
building and grounds shall be the percentage of total expenses of the buildings and grounds that is
equal to the percentage of total rentable space in the entire project (by way of illustration.Tenant
shall pay 1%of the pro-rata expense for each 1%of the total rentable space in the entire project):
(9)expenses to be paid by Tenant shall be paid monthly with the rent based upon the books and
records of the Landlord;however,Landlord shall cause the pro-rata expenses to be audited by an
accountant annually and shall bill or credit Tenant for any deviation from the expenses billed or
paid on a monthly basis upon said audit:said adjusted prorated expense shall be paid or credited
within ten(10)days of billing. Not withstanding any other provision of this paragraph.landlord
guarantees to Tenant that Tenant's monthly share of expenses during the first year of the lease
shall be$434.00. Landlord makes no guarantee for the balance of the term of the lease. For the
purpose of this Agreementhe expenses being guaranteed do not include Sales Tax (If
applicable) on rent and do not Include utilities, expenses of maintenance and repair expenses to
the interior of the space leased hereunder.
4. REPAIRS: Tenant,during the term of this Lease,shall.at its expense, make all repairs as soon as shall
be reasonably necessary to keep the leased premises in good condition and repair. Tenant agrees that at
the expiration of this Lease or upon the earlier termination thereof,to quit and surrender aid premises in
good condition and repair,reasonable wear and tear and damage by act of God or fire or other causes
beyond control of Tenant expected. in addition,Tenant shall maintain Tenaru's rental space immediately
outside of same.Including the windows In a neat,clean and presentable manner.
Tenant at its own cost and expense shall have the right, from time to tune.to make all alterations and
Improvements to.and decoration of.the interior of the lease property as shall be reasonably necessary in
Tenant's judgment for Tenant's conduct therein of its business,provided that prior to the commencement
of any such alteration or improvements,Landlord shall In each case have approved in writing the plans
and specifications. If within fifteen(15)days after such plans and specification are submitted by Tenant
to Landlord for such approval, Landlord shall not have given Tenant notice of disapproval, stating the
reason for such disapproval,said plans and specifications shall be considered approved by Landlord. All
moveable trade fixtures and personal property shall remain the property of the Tenant any permanent
improvements to the building shall be the property of Landlord.
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5. COMPLIANCE WITH LAWS: Tenant shall comply with all statutes, ordinances. rules. orders,
regulations and requirements of the Federal,State,City and/or County Governments and of any and all
their Departments and Bureaus applicable to Tenant's said premises and shall also properly comply with
and execute any rules and regulations of the Southeastern Underwriters Association for the prevention of
Are.flood.wind storm,and other casualty.at its own cost and expense.
8. INSURANCE. Tenant shall keep the leased space insured at Its sole cost and expense throughout the
term of the Lease against the following:
a. Claims for personal injury or property damage under a policy of general public liability insurance
with limits of at least 51.000.000 for bodily Injury and 5100,000 fur property damages Said
policy shall name Landlord and Tenant as the insureds
b. Fire and extended coverage including wind storm Insurance and in addition.flood insurance.plate
glass insurance,except for the building insurance paid for under expenses.
7. FIRE LOSS: In the event the leased premises shall be destroyed.damaged or Injured by fire or other
casualty. whereby the same shall be rendered untenantable in. then Landlord shall have the right to
render said premises tenantable by repairs within ninety (90) days from the date of the loss If said
premises are not rendered tenantable within said time. it shall be optional with either party hereto to
cancel this Lease,and In the event of such cancellation.the rent shall only be paid to the date of the fire
or casualty. Cancellation notice shall be given by either piny in writing.
8. USE OF PREMISES: Tenant Intends to use the leased space fora Customer Sen ce Center and Office
Facility foL iblic utility,shall use the leased space for no other purpose except with Landlord's prior
written consent.
9. TENANT'S ACCEPTANCE OF PROPERTY Tenant accepts the premises in the condition they are
in. Tenant is already In possession of the space.
10.RIGHT OF ENTRY: Landlord shall have the right to enter into and upon the leased property at all
reasonable hours for the purpose of examining the leased property or making such repairs or alterations
therein as may be necessary for the safety and preservation thereof. Except in emergencies, Landlord
will give Tenant at least one business day's twenty-four(24)hours notice before making any inspection.
During the thirty(30) days next preceding the expiration of this Lease.Tenant shall permit Inspection of
the leased property during normal business hours by or on behalf of prospective tenants If.during such
hours. admissions to the leased property for such purposes cannot be obtained. Landlord may show the
premises after hours, provided it gives notice to Tenant. During said thirty (30) day period. Landlord
shall be allowed to keep upon the door or windows of the premises a'for rent"sign
11.SIGNS: No signs shall be placed upon the leasehold premises by Tenant except as have been approved
in writing by Landlord,which approval shall not be unreasonably withheld.
Il.DEFINITIIONS AND MISCELLANEOUS ccONVENANTI: Tenant shall observe faithfully and
comply strictly with the Definitions and Miscellaneous Covenants set forth to Exhibit 'B' attached
hereto and made a part hereof. Landlord shall have the right from elms to time during the term of this
Lease to make reasonable changes in and additions to the Definitions and Miscellaneous Covenants thus
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set forth provided such changes and additions are applicable to all other tenants in the building.
13.UTILITIES: Tenant shall pay all charges for electricity. light, heat. air conditioning, power and
telephone and shall indemnify Landlord against any liability or costs on such account.
14.DEFAULT: Tenant shall be in default and Landlord may,at its option.exercise any remedy,including,
but not limited to termination of this Lease,in any of the following circumstances:
a If Tenant shall be in default in the performance of any covenant of this Lease and If such default is
not cured within the ten (10)days after written notice thereof given by landlord; or such extended
time as shall be in writing committed to by Landlord:
b. if Tenant shall be adjudicated a bankrupt:
c. if the leased property becomes vacant or deserted for a period of thirty(30)days:and,
d. if Tenant shall be in default in the payment of any basic rent or additional rent or taxes and such
default Is not cured within ten(10)business days after mailing of written notice thereof by Landlord.
If any defaults exist as described above and Landlord has given Tenant the written notice.Landlord may
accelerate the unpaid rent for the entire term of this Lease less the fair market rental %alue of the leased
premises.
Landlord shall be entitled to al: remedies at law and in equity for the collection of rent, taxes and
expenses and damages and reasonable attorney s fees according to Florida law
If Landlord shall give written notice of termination provided in this paragraph, then at the expiration of
such notice this Lease shall terminate.Tenant shall then surrender the leased property to Landlord. if this
Lease shall so terminate.it shall be lawful for Landlord,at its option.without formal demand or notice of
any kind. to reenter the leased property and re-rent or use the leased property as agent for Tenant if
Landlord so elects. Landlord may rent for such price and upon such terms and for such duration as
Landlord may determine and receive the rent therefore applying the same to the payment of the rent due
by these presents.and if the full rental herein provided shall not be realized by Landlord over and above
the expenses to Landlord.then Landlord will pay over to Tenant the excess rentals collected by Landlord.
15.LXCULPATTON: Except where caused by Landlord's negligence Landlord shall nut be liable for any
damage or Injury caused by water,sewer or soil pipes or other leakage in or about the building.
Par 40(1
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11011112V41001.1.mmo1PCIA.taw MI M..
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18.jtADON GAS: 'Radon is a naturally occurring radioactive gas that, when it has accumulated un 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 health
department'
gnvironm enta]. Tenant shall not in the Premises or the Building generate, store, handle, release,
discharge. or otherwise deal with any material classified as a 'hazardous material' for purposes,of the
Comprehensive Environmental Response. Compensation and Liability Act of 1980. as amended from
time to time(CERCLA)or the Resource Conservation and Recovery Act of 1976.as amended from time
to time(RCRA).or any similar or related federal,state or local statutes,rules,regulations or ordinances.
Without limiting the generality of the foregoing.Tenant expressly covenants and agrees that it shall not,
nor shall it permit anyone to:
i. Use asbestos or any asbestos-containing materials in the Premises or In the Building:
It. Use any liquid-filled transformers In the Premises or in the Building, unless consented to by
Landlord In writing and confined by an outside authoritative source to be free of
polychlorinated biphenyls(PCB's).
iii. Install any underground storage tanks, unless consented to by Landlord in writing and
specifically approved and certified to be in compliance with applicable code requirements;or,
Iv. Store any opened containers of combustible products,such as cleaning solvents. in other than
metal containers and cabinets approved by Landlord in writing
Tenant shall to extent authorized by Ronda Law protect, indemnify and sai.r Landlord and es
officers. agents, servants. and employees harmless from and against any and all obligations.
liabilities, costs, damages, claims and expenses of whatsoever nature arising from or in connection
with any violation of this Section. The provisions of this Section shall sursive the termination of this
Lease
17.NOTICES: Any notice required to be given to Landlord pursuant to this Agreement shall be mailed to
the Landlord at:
Landlord's Address:
951 MB.L.L.0
cin Principal Commercial Real Estate Company
11457 Olde Cabin Road,Suite 200
St.Louts.MO 63141
Phone: (314) 567.1221
and to Tenant at:
Government Services Group
280 Weklva Springs Road ••
Protegrity Plaza.Suite 203
Longwood,FL 32779
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BINDING EFFECT: This Agreement is binding upon I andlord and Its assigns and successors and upon
Tenant and Its assigns and successors
WITNESSES: LANDLORD: 951 MB,LLC.,
a Missouri limited liability company
A , B Y '14'-t- C (/'�
� Robert A.Walper A. • Agent
)(Lit 72- 4 P14
ESSES: TENANT:
• By:
421- Floridar
da orexnental Utility Authority
Psae6of&
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•Y g r.COltYl 4.a&rvuoa,,rA4u,ow N 0 4.
1607
•
EXHIBIT`B"
DEFINITIONS AND MISCELLANEOUS COVENANTS:
1. All personal property placed or moved in the premises described in the Lease Agreemet shall be at the
risk of the Tenant or owner thereof,and Landlord shall not be liable for any damage to said personal
property,or to the Tenant arising from the bursting or leaking of water pipes,or from any act of
negligence of any co-tenant or occupants of the building or of any other person whomsoever.
2 Tenant shall pay 550.00 penalty for any insufficient funds,check or bank draft.
3. Tenant agrees to pay the cost of collection and reasonable attorney's fees on any part of said rental that
may be collected by suit or by attorney,after the same is past due.
4. The said Tenant hereby pledges and assigns to the Landlord all the furniture fixtures.good and chattels
of said Tenant.which shall or may be brought or put on said premises as security for the payment of the
rent herein reserved,and the Tenants agrees that the said lien may be enforced by distress foreclosure or
otherwise at the election of the said Landlord.and does hereby agree to pay attorney's fees of a
reasonable amount so collected or found to be due,together with all costs and charges therefore occurred
or paid by the Landlord.
5. The Landlord,or any of his agents.shall have the right to enter said premises during all reasonable hours.
to examine the same to make such repairs additions or alterations as may been deemed necessary for the
safety,comfort.or preservation thereof,or of said building,or to exhlbtt said premises,and to put or keep
upon the doors or windows thereof a notice or'For Rem'at any tune within thirty(30)days before the
expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards,or
signs,fixtures,alterations or additions,which do not conform to this agreement,or to the roles and
regulations of the building.
6 It is expressly agreed and understood by and between the parties to this Agreement.that the Landlord
shall not be liable for any damage or injury by water,which may be sustained by the said Tenant or other
person or for any other damage of injury resulting from the carelessness,negligence.or improper conduct
on the part of any Tenant or agents,or employees,or by reason of the breakage,leakage.or obstruction
of the water.sewer or soil pipes.or other leakage in or about the said building.
7 If the Tenant shall become insolvent or if bankruptcy proceedings shall be begun by or against the
Tenant.before the end of said term the Landlord is hereby irrevocably authorized at is option,to
forthwith cancel this Lease,as for a default. Landlord may elect to accept rent front such receiver.
trustee,or other judicial officer during the term of this occupancy in their fiduciary capacity without
effecting Landlord's rights as contained in this contract but no receiver,trustee or other Judicial officer
shall ever have any right,title or interest in or to the property described in this Lease by virtue of this
contract.
8 This contract shall bind the Landlord and its assigns or successor,and the heirs,assigns,administrators.
legal representatives,executors or successors as the case may be,of the Tenant.
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9. It is understood and agreed between the panics hereto chat time is of the essence In thLs contract and this
applies to all terms and conditions contained herein.
10.The right of the Landlord under the foregoing shall be cumulative and failure on the part of the Landlord
to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights.
11.It Ls further understood and agreed between the parties hereto that any charges against the Tenant by the
Landlord for services for work done on the premises by order of the Tenant or otherwise accruing under
this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid.
12.Each and all rights of Tenant under this Lease is hereby subordinate to any mortgage loan to which any
part of all of the property of Landlord has pledged as collateral at any time during the duration of this
Lease.
13.In the event Tenant is more than ten(10)days delinquent in the payment of any rent or expense to be
paid by Tenant by this Lease.Tenant's rent shall be increased in the amount of 5%of said delinquency.
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