LEASE
THIS LEASE is made and entered into as of the Date of this Lease, by and between Landlord (Lessor) and Tenant (Lessee). “Date of this Lease” shall mean the date Lessee accepts the terms and conditions as recorded in the electronic system, Cobot. The Cobot information, including the selection of membership is incorporated herein as Exhibit “A”.
That for and in consideration of the rents reserved herein and mutual covenants and promises contained herein, Lessor and Lessee hereby covenant, promise and agree as follows:
1. PREMISES. Lessor hereby leases to Lessee and Lessee hereby rents from Lessor desk space and/or general use of the common areas at the following described real property 115 North Stewart Avenue, Kissimmee, Florida 34741. The exact premises are based on the selection within Cobot.
2. TERM. The term of the lease is governed by the term selected in Cobot. If this is a day lease, the lease shall terminate at 11:59 p.m. on the Commencement Date. If this is a month-to-month lease, it shall continue until either Lessee or Lessor provides thirty (30) days' notice of the intention to terminate the lease. If Lessee is a virtual mailbox tenant or a dedicated desk tenant, the term shall be no less than ninety (90) days, and Lessee must provide Lessor with thirty (30) days' notice prior to termination. Even if Lessee vacates the Premises before the end of the thirty (30) day notice period, Lessee remains responsible for all rent and additional fees owed during that period. For Held Desks leased under the Momentum Plan, Tenant must provide thirty (30) days' written notice to terminate the agreement for the Held Desks. The Holding Fee for each Held Desk shall continue to be charged until the end of the thirty (30) day notice period or until such time as the Held Desks are occupied by Tenant’s designees, whichever occurs first. If the main lease is terminated in accordance with this Section, the agreement for the Held Desks shall also terminate, provided the required thirty (30) days' notice has been given.
3. RENT. Rent is governed by the membership type selected in Cobot. If Lessee selected a Virtual Mail Membership (No space access) or five (5) days per month (shared desk space), the rent is seventy-five dollars ($75.00) per month. If Lessee selected an Innovator Membership (shared desk space), the rent is one hundred fifty dollars ($150.00) per month. If Lessee selected a Grow Membership (shared desk space), the rent is two hundred fifty dollars ($250.00) per month. If Lessee selected the Thrive Membership (dedicated desk space), the rent is four hundred dollars ($400.00) per month. If Lessee selected the Momentum Plan, the rent includes one dedicated desk at four hundred dollars ($400.00) per month and two additional held desks at one hundred fifty dollars ($150.00) per month each, until the held desks are occupied full-time, at which point the rent for each held desk shall convert to the prevailing lease rate per desk as outlined in the membership terms. If Lessee selected the Catalyst Membership (dedicated desk space in a room), the rent is six hundred and fifty dollars ($650.00) per month and one hundred and fifty dollars per month for each additional member ($150.00). If Lessee selected Group Plan (shared desks for multiple people), the rent is nine hundred dollars ($900.00) per month. Florida State Sales Tax will also be applied to each month’s fee. The payment is due on the first day of the calendar month. If the term commences on a day other than the first day of a calendar month, then Lessee shall pay on the commencement date of the term, a prorata portion of the fixed monthly rent described above, prorated on a per diem basis with respect to such fractional calendar month.
4. USE AND OCCUPANCY. Lessee shall occupy and use the premises for the purpose of general office business. Lessee shall not do or permit anything to be done in or about the premises, nor bring nor keep anything therein which will in any way adversely affect the fire and other insurance coverage upon the premises or any of its contents, or which will in any way violate any law, ordinance, rule or regulation of any governmental agency now or hereafter in force or effect relating to the premises, nor use or allow the premises to be used for any improper or unlawful purpose. Lessee will comply with all of the requirements of all municipal, state and federal authorities now or hereafter in force pertaining to the premises. Lessee shall adhere to all posted rules and regulations for the use of the premises. These rules and regulations are subject to change and any changes shall be sent out via email to Lessee.
5. SUBLEASE/ASSIGNMENT. Lessee shall not sublease or assign any portion of the premises without the prior written consent of Lessor. Lessor has the right to withhold consent for any purpose. Lessor has the right to assign the Lease without Lessee’s consent. Furthermore, Lessor has the right to sublet other portions of the premises as this is a multiple use space. All of the desks are available for lease.
6. SIGNS. As this workspace is designed for multiple tenants, Lessee shall not place any signage in the workspace without Lessor’s prior approval.
7. MAINTENANCE AND REPAIRS. Lessor is responsible for all maintenance and repairs on the premise. Lessee shall immediately report any issues to Lessor so that Lessor may address the problems. Failure to report a known issue may result in Lessee being in default under this Lease. If Lessee causes the damage, Lessee shall be responsible to reimburse the Lessor the cost to repair the damage.
8. INSURANCE. Lessee shall obtain and keep in full force and effect the following insurance coverages: commercial general liability insurance, including contractual liability, on an occurrence basis, in the minimum amounts of $1 million per occurrence, $2 million general aggregate. Lessee shall also obtain renter’s insurance to cover the total amount of personal property Lessee maintains on the premises. Finally, Lessee shall obtain damage to rented premises insurance in the minimum amounts of $100,000.00 per occurrence. Lessee shall name Lessor as an additional insured on all the required policies. If Lessee has property in the building, Lessor is not responsible for replacement should it be damaged or destroyed. Lessee shall furnish evidence that it maintains all insurance coverages required under this Lease prior to entering the Premises for any reason.
9. ALTERATIONS. Lessee shall not make any alterations or improvements to the premises and improvements located thereon, without prior approval of Lessor. The Lessee shall indemnify and hold harmless the Lessor against any construction lien upon the premises.
10. FIRE OR OTHER DAMAGE. If the building or other improvements constructed on the premises is damaged by fire or other cause to the extent that the entire building shall be rendered untenantable and cannot be rendered tenantable within ninety (90) days from the date of such damage, this Lease may be terminated by Lessor giving written notice to Lessee; but if such damage shall not be such as to permit a termination of this Lease as above provided, then a proportionate reduction shall be made in the rent herein reserved corresponding to the portion of the building and premises of which the Lessee shall be deprived of possession. If Lessee is still able to access the assigned desk space, then Lessee shall still be declared to have full use of the premises.
11. EMINENT DOMAIN. If the during the term of this Lease or any extension hereof, the whole or any substantial part of the premises shall be taken for any public or quasipublic use under any governmental law, ordinance or regulation, or by right of eminent domain or private purchase in lieu thereof, this Lease shall terminate automatically and rent shall abate for the remaining portion of the term of this Lease as of the date the physical taking occurs. In the event of such taking, Lessee agrees to make no claim against Lessor for the value of the remaining portion of the term of this Lease, nor for any related losses thereby occasioned. Lessee may pursue any available remedy against the governmental agency responsible for the taking, however, shall have no interest in any award or compensation paid to Lessor. If less than a substantial portion of the premises and building located thereupon shall be taken, at the option of Lessee, this Lease shall not terminate, but the rent payable hereunder for the remainder of the term or any extension thereof shall be reduced in proportion to the extent to which Lessee is thereby deprived of its use and occupancy of the premises and improvements thereupon.
12. LESSOR'S ACCESS. Lessor or any of their agents shall have the right to enter the premises and building during all reasonable hours to examine same and to make such repairs, additions or alterations as maybe deemed necessary for the safety, comfort, or preservation thereof. Unless there is an emergency, Lessor shall provide prior notice to Lessee about any repairs taking place on the premises.
13. SUBORDINATION. Lessee's rights under this Lease and any extension hereof shall be and are subordinated at all times to any present or future mortgages on the real property and improvements comprising the premises, and Lessee shall execute any further instruments required by Lessor to effect such subordination, and hereby constitutes and appoints Lessor as attorney in fact to execute and deliver such instruments in Lessee's name.
14. HOLD HARMLESS AGREEMENT. Lessee shall save Lessor from and against any and all claims for injuries to or loss of life of any person, and to damage to property in, upon or about the premises, arising for any reason whatsoever other than the negligent or intentional act of Lessor or their agents or employees, during any term of this Lease
15. HAZARDOUS SUBSTANCES. Lessee shall further indemnify and hold harmless Lessor from and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, judgments, costs or expenses of any kind (including without limitation attorneys' and experts' fees and removal and other "cleanup expenses") which may at any time be imposed upon, incurred by or asserted or awarded against Lessor arising from or out of any Hazardous Substances (including asbestos, polychlorinated biphenyls, petroleum products and any other hazardous or toxic materials or substances which are defined or identified as such in any Federal, State or local laws, rules or regulations) on, in or affecting any portion of the leased property and premises arising in any manner out of Lessees' use and occupancy thereof.
16. TAXES, ASSESSMENTS AND FEES. During any term hereof Lessor shall pay promptly when due any and all ad valorem taxes and assessments, including special assessments, upon the real property and improvements comprising the leased premises. Lessee shall pay any and all taxes and assessments that may be levied or assessed against any trade fixtures or other personal property located upon the premises, or any business operated therein; and shall pay any permit fees, impact fees, or other charges of any kind imposed by any governmental agency in connection with the use, occupancy or alteration of the leased premises by Lessee.
17. DEFAULT. In the event of any breach of this Lease or violation of the covenants or conditions contained herein, Lessor shall have the right to exercise any and all remedies in equity or at law allowed in the State of Florida, including but not limited to distress or suit for unlawful detainer, and in such event Lessee agrees to pay to Lessor all costs thereof, including a reasonable attorney’s fee to be fixed by the Court. Lessee further acknowledges Lessor's lien on all furniture, fixtures, goods and chattels of Lessee which are or may be brought or put on the premises in accordance with Florida law, and thereby waives all right of homestead or elections in said furniture, fixtures, goods and chattels to which Lessee may be entitled under the constitution and laws of the State of Florida, provided that Lessor agrees to subordinate his lien to a security interest or purchase money lien on equipment installed in the premises by Lessee, should Lessee so request. Lessor specifically excuses and exempts from said lien those items of personal property owned by employees or agents of Lessee.
18. COSTS AND ATTORNEY’S FEES. In any litigation arising out of this Lease, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees incurred in connection with such litigation, including attorney’s fees and costs on appeal.
19. PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee shall be in default hereunder, Lessor may cure such default on behalf of Lessee, in which case Lessee shall reimburse Lessor for all sums paid to effect such cure, together with interest at the highest rate allowed by law and reasonable attorney’s fees and court costs incurred in connection therewith, if any. In order to collect such reimbursement, Lessor shall have the remedies available under this Lease for a default in payment of rent.
20. TIME/NOTICE. It is understood and agreed between the parties hereto that time is of the essence of this Lease and that this applies to all terms and conditions contained herein. It is further understood and agreed that written notice mailed or delivered to the premises shall constitute sufficient notice to Lessee and written notice mailed or delivered to the Lessor at their address above set forth shall constitute sufficient notice to Lessor to comply with the terms of this Lease.
21. CUMULATIVE RIGHTS. All rights of the parties specifically set forth herein shall be cumulative, and failure on the part of either party to promptly exercise any rights given hereunder shall not operate to forfeit or waive any of such rights.
22. TRIAL BY JURY. The parties waive trial by jury in any action, proceeding, or counterclaim brought by either party against the other with respect to any matter arising under this Lease or Lessee's use or occupation of the premises.
23. SUCCESSORS AND ASSIGNS. This Lease shall bind the parties hereto, their heirs, personal representatives, successors and assigns. Whenever used the singular number shall include the plural, and the use of any gender shall include all genders.
24. PARKING. Lessee may purchase the use of one of the parking spaces on the premises. These spaces are not marked, merely one space will remain reserved for Lessee’s use. The cost of the space is fifty dollars ($50.00) per month and shall be due at the time rent is due.
25. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties and all terms and conditions contained herein were bargained for and agreed to by the parties freely and voluntarily, and with each party having had adequate opportunity to consult with independent counsel of their choice. No statement, promise or inducement made by either party hereto or any agent of either party which is not contained in this written Lease shall be valid or binding, and this Lease shall not be enlarged, modified or altered except in writing signed by all parties hereto.
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