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. � � LEASE AGItEEMENT
<br /> Tl�is Lease Agreement is entered into as of the
<br /> Fireworks,Inc.a Ftorida Corporation,having its principal place of business at 204 East Dr Martin Luther King,Jr Boulevard,Tam a Fl '
<br /> 10 day of Mar�_ Zp 11 by and between the undersigned Lessor and Galaxy
<br /> ("Lessee(s)")for the purpose of establishing ti�e terms and conditions by which Lessor leases cer[ain property to Lessee.
<br /> p orida 33603
<br /> In consideration ofthe following covenants and conditions,and of other consideration the receipt and su�ciency ofwhich are aclmowledged,Lessor and
<br /> Lessee agree as follows:
<br /> I Premises Location:The property tl�at is the subject of lhis Lease Agreement(the"Premises")is located at the following address
<br /> _5943 Ga11 Blvd Zenhryhill___s,_Fl
<br /> 2. Occupancy;Lessor represents and warrants that it owns tl�e Premises,and Lessor hereb
<br /> Premises undisturbed during each Term(as hereinaffer defined),access therelo(including tl�e rigi�t to cross surroundin ro e
<br /> any)>along wjtl�aIl oIlier rigLis provided to a tenant under the laws of the slaie of Florida, y grants Lessee the exclusive riglit to occupy and use the
<br /> �P P rty belongmg to Lessor,if
<br /> 3 '1'erm:. I'he periods during which Lessee wi(I be entilled to occupy the Premises("Terms")are as follows:
<br /> Term 1 is from June 15Ui 2011 until
<br /> 2016. Thereaftet occup���i be determined by,Lessee's�elect on p�rssiant'o nSectiontl'IZOThis Agreement shall continue in fu11 force and effect until
<br /> ---___until Januarv7`"2012( Ini4all,easePeriod")2011-
<br /> the Option Periods identified in Section 1] below expire;
<br /> 4. Use:Lessee may use the Premises to sell seasonal products,including but not IimiYed to fireworks and items incidental thereto.
<br /> 5. Rent:Lessee will pay Lessor the sum of_, a
<br /> applicable Term. $2 000 00 for Tenn 1 and$1.500 00 for term 2 which will be due and payable on the first day of ilie
<br /> 6. Permits:Lessee agrees to acquire any and all permits required b
<br /> not approved for any reason,this Agreement will be null and void,and all deposits will be refunded to Lessee. If,after any necessa e
<br /> y governing authorities for Lessee's intended use oftlie Premises. If the permits are
<br /> issued to Lessee,Lessee is prevented from using the Premises for ihe intended purpose of selling fireworks during any par[ofa Term because ofan act oF
<br /> God,war,executive order,ordinance,change in law,or oTher reasu[�beyond Lessur's or Lessea's control,Lessee will be relieved ofits obligation obpay
<br /> rent for that Tenn,and any rent paid for that Term 4yf1J eitl�er be refunded to Lessee or applied to the next Term,as Lessor chooses. Lessor shall malce
<br /> that choice and notify Lessee within ten days of being informed by Lessee that it has been prevented from using the Premises.
<br /> 7 Indemnification:Lessee sl�all indemnify and hold Lessor harmless from any and all actions and claims resulting d'uectly and solely from Lessee's use
<br /> of the Premises,including but not limited to claims by Lessee's licensees,or invitee,and trespassers.
<br /> 8. Fixtures:A]I structures(including tents)shall be placed on the Premises under tl�e approval of Lessor. Any placement shall not interfere with
<br /> Lessor's use of property surrounding the Premises. Any instalfation shall not damage any of the Lessor's improvements on tite Premises.
<br /> 9 Insu►•ance:Lessee shall provide Lessor with proof of liability insurance before the Term begins. Liability insiirance shall be in an amount ofnot less
<br /> than$],000,000 for eacli occurrence.
<br /> 10 M�intenance:Lessee shall maintain the Premises in an orderly manner and will haul away any and all trash made by i.essee,its customers,and
<br /> vendors prior to vacating the Premises.
<br /> 11 Option:Following tlie Initial Lease Period,this Agreement will remain in effect for an additional fve years("Option Period"). However,ifLessee
<br /> notities Lessor 30 days in advance ofa particular year during the Option Period that Lessee elects to not exercise its option for that year,Lessee wi]]not
<br /> be required to pay rent fa•tliat year,and Lessor will be free to rent the Premises to someone else for that year,subject to Lessee's tight of first refusal set
<br /> forth below Such election will not affect subsequent years. Li t6e event that Lessee elects to not exercise its option for a particularyear,Lessee has the
<br /> exclusive right of refusal io match any and all offers to lease(he Premises during that year Lessor shall notify Lessee in writing ofany such ofj'erand ti�e
<br /> terms tl�ereof,and provide Lessee thirty days to etect to exercise or waive tl�e right of frst refusal.
<br /> 12. rlon-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 /> witl�i�i 2 miles of the Premises.
<br /> 13 Cancellation: If tl�e 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 oPfireworks for all remaining Terms,this Agreeme�t may be canceled by oithcr party providing th�rty days written noYice to the oiher party
<br /> 1N WITNESS WI IEREOF,Lessor and Lessee have each caused this Agreement to be executed and to take effect as of it�e date first above writfen,as
<br /> evidenced by the signatures of their respeccive duly autl�orized representatives appearing below
<br /> y Fireworlrs,Incorporated (Lessee) i
<br /> �p` 11.t,9'�-- �--� _._.__—_—(I.essor)
<br /> �Y� ` i�., - , /n
<br /> Signature "+ �,
<br /> �y;— c`t /� ,l�,�__�--
<br /> � Sienature —
<br /> Ric!< Jo6nsou Vice-President /�� �
<br /> Na c nnd 1'itle _._�j'���-�+c.-�,� h _ i�t_�Yl`✓1 �'l/�L'.r'I�'L a
<br /> — � . „ ,e"'�� Name and Ttt(c
<br /> Date Signed !✓ c� � -�•� �� +
<br /> Uatc Signed �
<br /> ,�
<br /> 13efore me,the undersigned Notary Public,personally appeared I. ,e, c%
<br /> executed the foregoing Lease Agreement,and she/he acknowiedged to and before me that sh�exec ed such instrument
<br /> _ known to me to be the person who
<br /> theren�ith. and agrees to fully comolv
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