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LEASE AGREEMENT
<br /> This Lease Agreement is entered into as of the _30 day of January , 20 19 by and between the undersigned Lessor and
<br /> Galaxy Fireworks, Inc. a Florida Corporation, having its principal place of business at 204 East Dr. Martin Luther King, Jr. Boulevard, Tampa Florida
<br /> 33603 ( "Lessee(s) ") for the purpose of establishing 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 of which are acknowledged, Lessor and
<br /> Lessee agree as follows:
<br /> 1. Premises Location: The property that is the subject of this Lease Agreement (the "Premises ") is located at the following address
<br /> 5943 Gall Boulevard. Zephyrhills. FL 33542 .
<br /> 2. Occupancy: Lessor represents and warrants that it owns the Premises, and Lessor hereby grants Lessee the exclusive right to occupy and use the
<br /> Premises undisturbed during each Term (as hereinafter defined), access thereto (including the right to cross surrounding property belonging to Lessor, if
<br /> any), along with all other rights provided to a tenant under the laws of the state of Florida.
<br /> 3. Term: . The periods during which Lessee will be entitled to occupy the Premises ( "Terms ") are as follows:
<br /> Term 1 is from June 15. 2009_ until _ July 10.2009 s;”us�... .: • * .
<br /> (`Initial Lease Period "). - - ' . • - . - - • - ' - , , , • .. • . - • • • • .... • ' •. .. - - - • ' • . •
<br /> 4. Use: Lessee may use the Premises to sell seasonal products, including but not limited to fireworks and items incidental thereto.
<br /> 5. Rent: Lessee will pay Lessor the sum of $2.000.00 for term 1 • '..:..._e - -- ' • • • • ... • • •
<br /> day of the applicable Term.
<br /> 6. Permits: Lessee agrees to acquire any and all permits required by governing authorities for Lessee's intended use of the Premises. if the permits are
<br /> not approved for any reason, this Agreement will be null and void, and all deposits will be refunded to Lessee. lf, after any necessary permits have been
<br /> issued to Lessee, Lessee is prevented from using the Premises for the intended purpose of selling fireworks during any part of a Tenn because of an act of
<br /> God, war, executive order, ordinance, change in law, or other reason beyond Lessor's or Lessee's control, Lessee will be relieved of its obligation to pay
<br /> rent for that Term, and any rent paid for that Term will either be refunded to Lessee or applied to the next Term, as 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 using the Premises.
<br /> 7. Indemnification: Lessee shall indemnify and hold Lessor harmless from any and all actions and claims resulting directly and solely from Lessee's use
<br /> of the Premises, including but not limited to claims by Lessee's licensees, or invitee, and trespassers.
<br /> 8. Fixtures: All structures (including tents) shall be placed on the Premises under the approval of Lessor. Any placement shall not interfere with
<br /> Lessor's use of property surrounding the Premises. Any installation shall not damage any of the Lessor's improvements on the Premises.
<br /> 9. Insurance: Lessee shall provide Lessor with proof of liability insurance before the Term begins. Liability insurance shall be in an amount of not less
<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 trash made by Lessee, its customers, and
<br /> vendors prior to vacating the Premises.
<br /> notifies Lessor 30 days in advance of a particular year during the Option Period that Lessee elects to not exercise its option for t . - , essee will not
<br /> be required to pay rent for that year, and Lessor will be free to rent the Premises to someo, - - - - . . • - ar, su •Ject to Lessee's right of first refusal set
<br /> forth below. Such election will not affect s • - • - • . • . la essee elects to not exercise its option for a particular year, Lessee has the
<br /> exclusive right o - . : . • a c any and all offers to lease the Premises during that year. Lessor shall notify Lessee in writing of any such offer and the
<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 of the Premises.
<br /> 13. Cancellation: If the Premises is sold, master leased on a long term basis other than for the sale of fireworks, or the law is changed to prohibit the
<br /> sale of fireworks for all remaining Terms, this Agreement may be canceled by either party providing thirty days written notice to the other party.
<br /> IN WITNESS WHEREOF, Lessor and Lessee have each caused this Agreement to be executed and to take effect as of the date first above written, as
<br /> evidenced by the signatures of their respective duly authorized representatives appearing below.
<br /> Galaxy Fireworks, Incorporated (Lessee) Zephyr LLC (Lessor)
<br /> By: h0A yr .L "W By:
<br /> Signature 1 Signature
<br /> _ Sharon Hunnewell- Johnson. President / . N' // : AK:- P a 7 / ' R
<br /> Name an t\ Title Name and Title q
<br /> —1, O /.�0 /RC / ie 200 /
<br /> Date Signed , D l ate Signed / 1
<br /> Before me, the undersigned Notary Public, personally appearetf?r •s. __ /'1 J.,.... 4 j,6, —S o ----, known to me to be the person who
<br /> executed the foregoing Lease Agreement, and she/he acknowledged to and before me that she/he executed such instrument and agrees to fully comply
<br /> therewith.
<br /> n .....•
<br /> IN WITNESS H R ave s y hand and seal this T day of �z 20 O F i
<br /> Notary Public, State of Iorid PATRICK D COOK
<br /> � / 3 J( 2-
<br /> Colhmia,Ilan . DD 745420
<br /> D
<br /> My Commission Expires { (� A ,t ril 3, 2012
<br /> ,• • SondM fMU Tro No roma a00-306706
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