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it /2N0v. 25. 20093 4:26P•516 • GALAXY No. 0594 1101 /001
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<br /> LEASE AGREEMENT
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<br /> This 1 yep Agreement is entered into as ofthe f3th day of November 20 09 by and • - - - the undersigned lessor and Galaxy
<br /> Fireworks, Inc. a Florida Corporation, having its principal place of business at 204 East Dr. Merlin Luther King, r. Boulevard. Tampa Florida 33603
<br /> (`Lessee( /)) for the purpose of establishiag the terms and conditions by which Lessor leases certain property to Lessee.
<br /> In consideration of the following covenants and conditions, and of other consideration the receipt and sufficiency • which are acknowledged, Lessor and
<br /> Lessee agree as follows:
<br /> 1. Premises 1Locwisoos The property that is the subject of this Lease Agreement (the"Proraisw") is located at th following address
<br /> 5943 (3a11 Rouievard 7..cphvrhilla 01.33542
<br /> 2. Occupancy: Lessor represents and warrants that it awns the Rremises, and Lessor hereby grants Lessee the -• lueive right to occupy and use the
<br /> Pseraises undisturbed during each Term (as hereinafter det'med), access thereto (includingthe right to woes sumo • • Ing property belonging 1st-came if
<br /> any), along with all otber rights provided to a tenant under the Taws of the state o Florida.
<br /> 3. Term:. The periods during which Lessee will be entitled to occupy the Premises ( "Terms ") are as follows:
<br /> Twat 1 is f o m December 15. 2009 until January 10- 2010 ("Initial Lease Period").
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<br /> 4. Use: Lesser may use the Premises to sell seasonal products, including but not lira ;led to fireworks and items " idental thereto.
<br /> 5. Rent: Lessee will pay Lessor the sum of - SI- 000.00 for term 1 tkru will be due and payable on the rrst day of the applicable Tent.
<br /> 6. Permits: Lessee agrees to acquire any and all permits required by govaningauthorities for Lessee's intended e ofthe Premises. 1f the permit are
<br /> not approved for any reason, this Agreement will be null and void. and all deposits will be refunded to Lessee. If fterany necessary permits have been
<br /> issued to Lessee, Lessee is prevented from using the Premises for the intended propose of soiling fireworks dune any pert ofa Term because ofen act of
<br /> God, war, executive order, ordinance, change in taw, or other reason beyond Lessor's or Lessee's control, Lessee rill be relieved of its obligation to pay
<br /> rent for that Term, and any rant paid for that Term wit) tither be reffmde d to Lessee or applied to the next Term, Lessor chooses. Lessor shall make
<br /> that choice and notify Lessee within ten days of being informed by Lessee that it has been prevented from win ; the Premises.
<br /> 7. Jademnil shins: Lessee /ball indemnify and told Lessor harmless from any and all actions and claims res . g directly and solelyfrom Lessee's use
<br /> of the Premises, including but not limited to claims by Lessee's licensees, or invitee, and trespassers.
<br /> g. Fixtures: All structures (including tents) shall be placed on the premises under the approval of Lessor. • ry placement shall not ioter&re with
<br /> Lessor's use of property surrounding the Premises. Any installation shall not damage any of the Lessor's im • • email/ on the Premises-
<br /> 9. Inauraree: Lessee shall provide Lessor with proof of liability ins ce before the Term begins. Liability ins ranee shall be in an amount ofnot Iran
<br /> than $1,000,000. for each occurrence.
<br /> 10. Maintenance: Lessee shall maintain the Premises in an orderly manner and will haul away any and all •' made by Lessee, its customers, and
<br /> vendors prior to vacating the Premises.
<br /> ) 1. Opdoa • . . :> _
<br /> n o t i fi e s l.exsor 30 days in advance of a particular ar during the Option Period that Lessee elects to not •-' - a W1 - • . • • . • see will not
<br /> be required to pay rent for that > . . IWO be free to rent the Promises :• •• - • - • . ∎ year, sub =- to lessee's right of first refuse" set
<br /> forth below, sigh al-. s • , • - • - , . - • • , ), Lessee clecla to not exercise its *pd. , far a particular year, Lessee has the
<br /> exclusive right of -. - - - v . 1 offers to base tbeFreruises during that year. Lessor shall notify Le . - in writing of any such offer and the
<br /> 12. Non- eompete-. Lessor agrees to not sell or permit the sale of fireworks by anyone other than Lessee on an property owned or leased by Lessor
<br /> within 2 miles of the Premises.
<br /> 13. Cancellation: If else Premises is sold. master leased on a long term basis other than for the sale of firework , or the taw is changed to prohibit the
<br /> sate of fireworks for all remaining Terms. this Agreement may be canceled by either party providing thirty da written notice to the other party.
<br /> IN WITNESS WHEREOF, Lessor and Lessee have each caused this Agreement to be executed and to take effe t as of the date feat above written, as
<br /> evidence,' by the signatures of their respective duly authorized representatives appearing blow.
<br /> Galaxy Fireworks, Incorporated (Lessee) Zephyr LILAC (Lessor)
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<br /> B ` lI Alt _. / /fit - - � By: eillestense.
<br /> nature Signature
<br /> Sharon IltornewdI-Jt>hasom. President 0 •Ife'e s sisfA EL l rt.j I•/! ARC ,04 eL17
<br /> • Name and Title Name and Tttk ``p e • : y,,s/E4 ser
<br /> -09 • d , s
<br /> Date Stgaed Date Signed .
<br /> Before me, the undersigned Notary Public, personally a. • - . / _ .. ! . it ...di (J • • • con to me to be the person who
<br /> executed the foregoing Lease Agreement, and she/he ac . • . - - • to and before me that she/he executed sue , instrument and a
<br /> therewith. ,_ , // /� agrees to fully comply
<br /> IN WITNESS HEREOF, 1 have set my hand and scat this gape , day of9� i e�� % 1,{p v ,► -CJ--* ' 4 , , 20
<br /> Notary Public, State of Florida
<br /> My Commiasion Expires 't.1 �)�-A L is
<br /> 'z iv1Y • OMMISSION Si 1) 021091
<br /> it PIKES October 01, 2011
<br /> (407) a g etas . F1e6de19et,aw
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