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LEASE AGREEMENT "Phis l .case Agreement is entered into as of the 27th day of July , 20 10 by and between the undersigned lessor and Galaxy Fireworks Inc. a Florida Corporation, having its principal place of business at 204 East Dr. Martin Luther King. Jr. Boulevard, Tampa Florida 33603 ("Lessee(s)") for the purpose of establishing the terms and conditions by which Lessor leases certain property to Lessee. In consideration of the following covenants and conditions, and of other consideration the receipt and sufficiency of which are acknowledged. Lessor and Lessee agree as follows: I. Premises Location: The property that is the subject of this Lease Agreement (the is located at the following address 5943 Gall Boulevard, Zephvrhills. FL 33542 . 2. Occupancy: Lessor represents and warrants that it owns the Premises, and Lessor hereby grants Lessee the exclusive right to occupy and use the Premises undisturbed during each Tenn (as hereinafter defined), access thereto (includingthe right to cross surrounding property belonging to Lessor. if anyl, along with all other rights provided to a tenant under the laws of the state of Florida. 3. Term:. The periods during which Lessee will be entitled to occupy the Premises ('Terms ") are as follows: D V Term 1 is from December 15, 2010 until January 10, 2011 ( "Initial Lease Period"). • � 4. Use: Lessee may use the Premises to sell seasonal products, including but not limited to fireworks and items incidental thereto. 5. Rent I.essee will pay Lessor the sum of $1.000.00 for term 1 that will be due and payable on the first day of the applicable Term. h. Permits: Lessee agrees to acquire in - and aftpermits retptiredby govemingauthoritiesforLessee 'sinterrdedaseofthe Ifthepermllsare not approved for any reason, this Agreement will be null and void, and all deposits will be refunded to Lessee. 11; after any necessary permits have been issued to Lessee, Lessee is prevented from usingthe Premises for the intended purpose of selling fireworks during any part ofa Term because ofan act of (iod, 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 rent for that Term, and any rent paid for that Term will either be refunded to Lessee or applied to the next Tenn, as Lessor chooses. Lessor shall makc that choice and notify Lessee within ten days of being informed by Lessee that it has been prevented from using the Premises. 7. Indemnification: Lessee shall indemnify and hold Lessor harmless from any and all actions and claims resulting directly and solely from I essee use of the Premises, including but not limited to claims by Lessee's licensees, or invitee, and trespassers. ft Fixtures: All structures (including tents) shall be placed on the Premises under the approval of Lessor. Any placement shall not interfere with Lessor's use of property surrounding She Premises. Any inamtlation shall not damage any of Lessor's improvements on the Premises. 9. Insurance: Lessee shall provide Lessor with proofofliabitity insurance before the Tenn begins. Liability insurance shall be in an amount of not less -- - than $1,000,000. for each occurrence. 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 vendors prior to vacating the Premises. ii. Option: .. ..... .. -. - ., - : • ..'•. HowevH . -._ � f 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 within 2 miles of the Premises. 13. Cancellation: lithe 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 sale of fireworks for all remaining Terms, this Agreement may be canceled by either party providing thirty days wrinen notice to the other party. IN WITNESS WHEREOF, Lessor and Lessee have each caused this Agreement to be executed and to take effect as of the dale first above written, as evidenced by the signatures of their respective duly authorized representatives appearing below. Galaxy Fireworks, Incorporated (Lessee) Zephyr LLC (Lessor) By: \ ttt►�Lik LAllk/ .'.. ill .... 1 9 - B y: / L y.. / ' Signature Siva ure Sharon Hunnewell-Johnson, President if > ,..z: = '•- Name and Title - Name d Ti 9 11')lt L) /e / ,,/ O X Date Signed Date Signed /. Before me, the undersigned Notary Public, personalty appeared _, known to me to be the person who executed the foregoing Lease Agreement and she/he acknowledged to and before me that sheltie executed such instrument and agrees to fully comply therew • T. �'(/ IN W NESS EREOF, 1 have set my hand and seal this I + + day of �b i . 20 �� . N ry Public, State of Florida p ��/ Z , • "" "' "• PATRICK D. C00K My ('nmmission fie • ims ( ' = Commission DD 745420 '1:4 �. 41' Expires 1 au � 801-3857019