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<br /> � � LEASE AGREEMENT
<br /> This Lease Agreement is entered into as of the 10'" day of March . 20 11 by and beriveen the undersigned Lessor and Gala�cy
<br /> Fireworks,Inc.a Florida Corporation,having its principal plece of'�cxsiness xt 204 Eact Dr Martin Luther King,Jr.Boulevazd,Tampa Florida 33603
<br /> ("Lessee(s}"}for the purpase of establishing the terms and;conditions by which Lessar leases certain property to Lessee.
<br /> In consideration of the following covenants and candiHons,and of other consideration the receipt and sufficiency afwhich are aclmawledged,Lessor and
<br /> Lessee agree as follows:
<br /> l.Premises Location:The praperiy that is the subject of this Lease Ageement(the"Premises")is located at the following address
<br /> 5943 Gall Btvd.Zephrvhills.F!
<br /> 2.Occupancy:Lessor represents and wartants that it owns the Pramises,and Lessor hereby grants Lessee the exclusive right to occupy and use the
<br /> Premises undisturbed darrng each Term(as hereinafter defined},aceass thereto(inctt�ding the right to crass surrounding propariy belongingto Lessor,'sf
<br /> any),alang with all other rights provided to a tenant under the laws af the state of Florida.
<br /> 3 Term:. The periods dnring which Lessee wili be entitled to occupy the Premises("Terms"}are as falIows:
<br /> Term 1 is from June 1Sth 2011 until July 7th,2011;Terrrr 2 is fram Dec. 15th 2011 unril January7�'2012,("InitialLeasePeriod'�2011-
<br /> 2016. Thereafter occupancy wil]be detertnined by Lessee's eIection pursuant ta Section i i. '7"his Agreement shati continue in fuli force and effect unril ,
<br /> _ _ the Option.Periods idenNfied in Secfion-11 beiow expire;-- – -'- � l� � `
<br /> 4. Llse:Lessee may use the Premises to sell seasonal producYs,including but not Iimsted to firewarks and itsms incidental thereto.
<br /> S. Rent:Lessee will pay Lessor the sum of $2.000.00 for Term 1 and$1 500.00 for term 2 which will be due and payable on the first day of the
<br /> applicable Term. .
<br /> 6. Permits:Lessee agrees to acquire any and all permits required by governing authorities for I.essee's intended use of the Premises. Ifthe permits are
<br /> not approved for any reason,this Agreement will be nnll and void,and alt deposits wil3 be refunded to L�'ssee. If,after any necessary permits have been
<br /> issued to Lessee,Lessee is prevented from using the Premises for the intended purpose ofselling fireworks during any part ofa Te[m because ofan act of
<br /> God,war,exeeutive ordar,ordinance,change in law,or other reason beyond Lessor's or Lessee's control,Lessee wiii be relieved of its ooligafion to pay
<br /> rent for that'I'erm,and any rent paid for that Tenn tivill either be refunded to Lessee or applied to the next Term,as Lessor chaases. Lessor shall make
<br /> that choice and notify Lessee within ten days of being infprmed by Lessee that it has been prevented fram using the Premises.
<br /> 7_ Indemnif cation:Lessee shall indemnify and hold Lessor harmIess from any and all acrians and cIaims resulting directly and solely from Lessee's use
<br /> of the Premises,including but nat limited to claims by Lessee's licensees,or invitee,and trespassers.
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<br /> &. Fixtnresc A]I structures(including Tents}shall be placefl on the Premises ander the approval of Lessor. Any placement shaIl not interfere with
<br /> Lessor's use of property surtounding the Premises. Any installatian shall not damage any of the Lessor's improvements on the Premises.
<br /> 9 Insurance:Lessee shall provide Lessar with proafofliabiIity insurance befoza the Term begins. Liabality insurance shall be in an amount afnat tess
<br /> than$1,OOO,d00.for each occunence.
<br /> I0. Maintenance:Lessee shalI maintain the Fremises in aa arderly manner and wi1l haul away any and al3 tiash made 6y Lessee,iTs customers,and
<br /> vendors prior ta vacating the Premises.
<br /> 1 l. Option:FolIowing the Initial Lease Period,this Agreement witl remain in effect far an additional five years("Option Period"}. However,if Lessee
<br /> notifies Lessor 30 days in advance of a particular yeaz during the Option Period that Lessee elects to not exercise its oprion£or that year,Lessee will not
<br /> be required to pay rent£or that year,and Lessor will be.free tp rent the Premises to someone else for that year,subject to Lessee's right of first refusal set
<br /> forth below Such alection wiII not affect subseqnent years; In the event that Lessee eIects to not e�cercise its option far a particular year,L.essee has the
<br /> exclusive right of refusa]to match any and all offers to lease the Premises during that year Lessor shall notify Lessee in writing ofaiiy such-offer and the '
<br /> terms thereof,and provide Lessee thirty days to elect to exercise or waive the right of first refusal.
<br /> 12. Non-compete:Lessor agrees to not sell or permit the sale of fireworks by anyone other than Lessee on any property owned or leased by Lessor
<br /> within 2 miles af the Premises.
<br /> 13 Cancellation: If the Premises is sold,master leased on a long term basis other than for tha sale of fireworks,or the Iaw is changed to prohibit the
<br /> sale of fireworks for all remaiaing Terms,this Agreement may be canceled by either party providing thirty days written notice to ihe other parry.
<br /> IN WITNESS WHEREOF,Lessor and Lessee have each caused this Agreement to be axecuted and to take effect as of the date first abova written,as
<br /> evidenced by the signatures of Yheir respective duly authorized representaYives appearing below.
<br /> G� Fireworks,Incorporated{X..essee) I �C�i7�'`1 �''— l--l--'�--- (Lessor)
<br /> By: �C���'"?i �,.�1 ��j1 By: y vl ��
<br /> Signature � Z Signaturc
<br /> Rickv Johnson Yice-President �`�1 ��"1�" � ���-'''`�- � �'��l4'.����''�%=
<br /> Name and Titic Name and Title
<br /> �� ��� :�� � � ��" �� L � 4 �1
<br /> Aate Signed ` Date Signed
<br /> Before me,the undersigned Notary Pubire,personally appeazed_�LG----�.=f—..�£,��.���..-- .known to me to be tha person who
<br /> executad the foregoing Lease Agreement,and shc/he acknawledged to and before me that she/ha executed such instrument and agrees to fully comply
<br /> therewith.
<br /> IN WIT'NESS 1.-IEREOF,T have set my hand and seal this_---��day of��-t'/L.�E'� – - >20�
<br /> Notary Public,State of Florida ����
<br /> .:�::�s�.,, PATFtIGK D.COOK
<br /> My Commission Expires t�*b� � Commission pD 745420
<br /> ;:�q�pires Aprii 3,2012
<br /> ' '•�p��,o�� BatdeCihtuTrajFaittitiSurat�ce�98r70t9
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