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Embed code for: QualityCleaningConceptsLeasefromHomelawnDev (1)
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THIS LEASE ("Lease") is made as of the 1st day of February 2016, by and between Homelawn Development Inc., an Ohio limited liability company, ("Landlord") and Quality Cleaning Concepts a Limited liability company ("Tenant").
In consideration of the mutual covenants and agreements herein contained, the parties agree as follows:
Certain Defined Terms. As used herein, the term:
"Common Areas" and “Limited Common Areas” means those areas and facilities of the Condominium described in the Declaration of Condominium Ownership.
"Condominium" means the structure known as the Homelawn Office Condominium, as the same may be altered, reduced, expanded, or replaced from time to time, of which the Premises (as hereinafter defined) is a part, known as 4010 North Bend Road, Cincinnati, Ohio 45211 as shown on the plat attached hereto as Exhibit A-1.
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms and provisions of this Lease, 1,100 of office space known as Suite 100 of the Condominium (“Unit”) together with the non-exclusive right to use Common Areas and Limited Common Areas (“Premises”) as described in the Declaration of Condominium Ownership of Homelawn Office Condominium, and all amendments thereto (“Declaration”). A diagram showing the location and approximate dimensions of the Premises is attached hereto as Exhibit A-2.
Term. The term of this Lease shall include the Initial Term, and the Renewal Terms (all as hereinafter defined) (collectively, the "Term").
Initial Term. The "Initial Term" of this Lease is One (1) "Lease Year" (as hereinafter defined), commencing on February 1 ("Commencement Date") and ending on February, 2017 (“Termination Date”).
The first "Lease Term" shall commence on the Commencement Date, and shall end at the close of the third full calendar month thereafter. Each successive period of twelve (12) calendar months thereafter during the Term of this Lease shall be a "Month to Month." Any portion of the Term remaining of the month will be prorated.
Minimum Base Rent. Tenant covenants and agrees to pay to Landlord a Minimum Base Rent for each Lease Year during the Term of this Lease. During each Lease Year the Minimum Base Rent shall be paid in equal, consecutive monthly installments, payable in advance, on the first day of each calendar month during such Lease Year, with the first monthly payment being due on the first day of the first calendar month of the first Lease Year. If the first day of the first Lease Year occurs on a date other than the first day of a calendar month, then Tenant shall pay, on the first day of the first Lease Year, a prorated portion of the Minimum Base Rent calculated on a per diem basis from the first day of the first Lease Year to the first day of the month following the first day of the first Lease Year. The Minimum Base Rent is summarized in the following table:
PERIOD ANNUAL RATE MONTHLY RATE ANNUAL PER SQUARE FOOT RATE Lease Year $7,200.00 $600.00 $6.55
Past Due Rent. In addition to any and all rights of Landlord under this Lease regarding the collection of Rent, or any other charges due Landlord hereunder, if any payment of Minimum Rent, Additional Rent (as hereinafter defined) or other sums payable by Tenant hereunder shall become overdue for a period of ten (l0) days or more, a late charge of Twenty-Five Dollars ($25.00) may be charged by Landlord to Tenant for the purpose of defraying the expenses incident to handling such delinquency, and in addition, such overdue amount shall bear interest at the rate of six percent (6%) per annum ("Default Rate") from the first day due until paid.
Use and Occupancy.
Tenant shall use the Premises solely for general office purposes and for no other purpose or activity without Landlord's prior written consent. Tenant shall not do or permit anything to be done in or about the Premises, or bring or keep anything therein, which will in any way (i) obstruct or interfere with the rights of other tenants or occupants of the Condominium, or (ii) increase the rate of fire insurance upon the Premises or the Condominium. Tenant shall comply with all laws, ordinances, orders and regulations affecting the Premises and the cleanliness, safety, occupation and use thereof, and shall abide by the rules and regulations reasonably established and modified by Landlord from time to time.
Tenant shall not cause or permit injury or waste to the Premises or the Condominium, or cause or permit a nuisance to exist, and shall keep the Premises clean and free from rubbish and dirt at all times, and shall store all trash and garbage within or without the Premises, as directed by Landlord, and arrange for the regular pickup of such trash and garbage, at Tenant's expense, if required by Landlord. Tenant shall not burn any trash or garbage of any kind in or about the Premises or the Condominium.
Tenant covenants and agrees to deliver up and surrender to the Landlord possession of the Premises upon the expiration or earlier termination of this Lease, as herein provided, in as good condition as on the Commencement Date, or as improved during the Term hereof, destruction by casualty and reasonable wear and tear accepted. Tenant shall not hold over beyond the end of the Term for failure of Landlord to give notice to vacate, any such notice being waived by Tenant. In the event Tenant, notwithstanding, shall hold over after termination of this Lease, it shall constitute a tenancy from month to month governed by the terms hereof, at the same monthly rental equal to the monthly installment of Minimum Rent payable during the last month of the Term.
Subordination; Estoppel Certificates.
This Lease and Tenant's rights hereunder are subject and subordinate to all mortgages or other financing encumbrances ("Mortgages"), which may now or hereafter affect the Premises and to all renewals, modifications, consolidations, replacements and extensions of any such Mortgages. This clause shall be self-operative and no further instrument shall be necessary. However, in confirmation of such subordination, at any time and from time to time, Tenant, within ten (10) days after request by Landlord, shall certify in writing to any existing or proposed mortgagor or purchaser, or other person, firm or corporation specified by Landlord, as to such subordination, and in addition, as to the validity and force and effect of this Lease, in accordance with its tenor as then constituted, as to the existence of any default on the part of any party hereunder, as to the existence of any offsets, counterclaims or defenses thereto on the part of Tenant, as to the status of payments of Rent hereunder, and as to any other matters relating to this Lease which may be reasonably requested by Landlord or by the holder or proposed holder of any such Mortgage. Tenant attorns and agrees to attorn to any person purchasing or otherwise acquiring the Premises at any sale or other proceeding or pursuant to the exercise of any other rights, powers or remedies under a Mortgage as if such person had been named as Landlord herein.
The terms and provisions of this Lease may require approval by a mortgagee or prospective mortgagee. If any such mortgagee or prospective mortgagee should require as a condition to Landlord's financing, as may be determined necessary or desirable by Landlord, any modification of the terms and provisions of this Lease, and if Tenant should refuse to approve and execute any modifications so required, then the Landlord shall have the right, prior to the delivery of possession of the Premises to Tenant, to terminate this Lease by notice to Tenant, without liability on the part of the Landlord.
Maintenance, Repairs and Alterations.
Maintenance Obligations of Landlord. Except as otherwise provided below, Landlord and/or the association for the Condominium (“Association”), as the case may be, at their expense, shall be responsible for the management, maintenance, repair, replacement, alterations and improvements of the Common Areas and the exterior of the Unit.
Tenant’s Responsibility. Unless otherwise provided herein, the responsibility of Tenant shall be as follows:
To maintain, repair, replace at its own expense all interior portions of its Unit, and all interior or exterior installations of such Unit, serving only that Unit, such as appliances, lighting, heating, plumbing, electrical and air-conditioning fixtures;
To maintain and repair all windows, window frames, doors, door frames, glass surfaces, vestibules and entryways of the Unit and of all associated structures and fixtures therein, which are appurtenances to the Unit. The foregoing includes, without limitation, responsibility for all breakage, damages, malfunctions and ordinary wear and tear of such appurtenances;
To perform its responsibilities in such a manner so as not unreasonably to disturb other tenants in the Condominium;
Not to paint or otherwise decorate or change the appearance of any portion of the Condominium nor the walls of the Unit unless the advance written consent of Landlord is obtained;
To promptly report to the Association or its managing agent any defect or need for repairs, the responsibility for remedying of which is with the Association.
Alterations. Tenant shall make no changes, alterations or additions to the Premises or the Condominium, without first submitting the plans and specifications therefor ("Plans") to Landlord, and obtaining its prior written consent. The cost of any such changes, alterations or additions shall be paid by Tenant and all such work shall be done in a good and workmanlike manner, without damage to the structural elements of the Premises or the Condominium and in conformance with (i) the Plans as approved by Landlord; (ii) with all applicable laws and regulations; (iii) the Declaration; and, (iv) the requirements of the fire insurance underwriters carrying insurance on the Premises. Tenant agrees that upon expiration or termination of this Lease, it will, at its own expense, if Landlord shall so request, restore the Premises to their former condition, ordinary wear and tear and damage by the elements or casualty excepted.
Trade Fixtures. All improvements to the Premises and all fixtures shall be and become the property of the Landlord, except that all trade fixtures installed by the Tenant shall remain the personal property of the Tenant, provided the same are removed by Tenant upon the expiration or earlier termination of the Term and all damage caused by such removal is promptly repaired at Tenant's expense.
Liens. If: (i) because of any act or omission of Tenant or anyone claiming through or under Tenant; or (ii) by reason of or arising out of the use or occupancy of the Premises by Tenant; or (iii) by reason of any construction, alteration, repair or restoration of any part of the Premises by Tenant, any mechanic's or other lien, encumbrance, judgment lien or order for the payment of money or the performance of any act or thing, shall be filed against the Premises (including, for this purpose, any such filing against the Condominium), or against Landlord (whether or not such lien or order is valid or enforceable as such), Tenant shall, at Tenant's own cost and expense, cause the same to be cancelled and discharged of record within thirty (30) days after the date of filing thereof, and Tenant shall also indemnify and save harmless Landlord from and against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees charged by counsel of Landlord's choice, resulting therefrom or by reason thereof. In the event that Tenant decides to contest a mechanics' lien, Tenant may discharge the lien by bonding or posting other security pursuant to applicable Ohio statutory authority.
Inspection and Repair by Landlord. Landlord shall have the right to enter upon the Premises for the purpose of inspection or to make such improvements, repairs, or alterations as Landlord may consider necessary or desirable, but Landlord assumes no obligation to make any improvements, repairs or alterations except as expressly provided in this Lease. Landlord, upon at least twenty-four (24) hours notice to Tenant, shall have (i) for a period of ninety (90) days prior to the expiration of this Lease, the right to reasonable access to the Premises for the purpose of exhibiting the same to prospective tenants; and (ii) at any time during the Term, the right to reasonable access to the Premises for the purpose of exhibiting the same to prospective purchasers.
Tenant's Insurance. At all times after execution of this Lease, Tenant shall maintain, at Tenant's own expense, with insurance companies licensed to do business in the State of Ohio and acceptable to Landlord and in accordance with the terms of the Declaration, a non-deductible,
public liability insurance policy, including, but not limited to, insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, for each occurrence, of not less than $1,000,000.00 with respect to personal injury and death, and $500,000.00 with respect to property damage; and
all risks property and casualty insurance policy, written at replacement cost value and with replacement cost endorsement, covering the Premises and all of Tenant's personal property in the Premises (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) and all leasehold improvements installed in the Premises by or on behalf of Tenant.
Policy Requirements. The company or companies writing any insurance which Tenant is required to carry and maintain or cause to be carried or maintained pursuant to this Lease as well as the form of such insurance shall at all times be subject to Landlord's approval and consistent with the terms of the Declaration and/or the Association. Public liability and all-risks property and casualty insurance policies evidencing such insurance shall name Landlord or its designee as additional insured and shall also contain a provision by which the insurer agrees that such policy shall not be cancelled except after thirty (30) days' written notice to Landlord or its designee. Each such policy, or a certificate thereof, shall be deposited with Landlord by Tenant promptly upon commencement of Tenant's obligation to procure the same. If Tenant shall fail to perform any of its obligations under this section, Landlord may perform the same and the cost of same shall be deemed Additional Rent and shall be payable upon Landlord's demand.
If the Premises are damaged or destroyed by fire or other casualty insurable under a standard fire and extended coverage insurance policy, and provided Landlord is able to obtain all necessary permits and approvals therefor, and provided Landlord has not terminated this Lease as hereinafter provided, Landlord shall, subject to the prior rights of any mortgagee, disburse and apply insurance proceeds received by Landlord to the repair, reconstruction and restoration of the Premises (except for Tenant's installations, alterations, personal property, trade fixtures, equipment, and furnishings) to the condition in which the Premises was immediately prior to the happening of such casualty, and prosecute the same diligently to completion. Tenant shall repair and replace Tenant's leasehold improvements, its merchandise, trade fixtures, inventory, furnishings and equipment and personal property as soon as possible after the occurrence of such casualty to a condition at least equal to that prior to its damage or destruction. In no event shall Landlord be liable for interruption of the business of Tenant, or for damage to or repair, reconstruction or restoration of any item belonging to Tenant or within the Premises, unless the damage was caused by the negligence of Landlord, its employees or agents.
Landlord shall have the option to terminate this Lease by written notice to Tenant given within sixty (60) days after the occurrence of any damage or destruction, if the damage or destruction occurs within the last year of the Term of this Lease; or if any damage or destruction which occurs from any casualty is not covered by Landlord's fire and extended coverage insurance to any extent whatsoever; or if Landlord determines that the Premises cannot be repaired or restored within one hundred eighty (180) days after such casualty.
If Landlord shall not have obtained all necessary permits and approvals for the repair, reconstruction and restoration of the Premises within one hundred eighty (180) days after any casualty causing damage or destruction to the Premises, then either Landlord or Tenant shall have the option to terminate this Lease upon giving written notice to the other.
Upon any termination of this Lease under the provisions of this paragraph, all Rent shall be adjusted as of the date of such termination, and each party shall be released herefrom without further obligation to the other party coincident with the surrender of possession of the Premises to Landlord, except for items which have accrued prior to such termination and are then unpaid.
If any portion of the Premises is condemned or taken in whole or in part by any public authority under the power of eminent domain, either Landlord or Tenant shall have the right, as of the day possession shall be taken by such public authority, to terminate this Lease by written notice thereof to the other and Rent shall be paid to the date of such possession or proportionate refund made by the Landlord if Rent has been paid in advance. If neither party shall elect to terminate the Lease by reason of such condemnation, the Minimum Rent shall be reduced by the proportion of the floor area of the Premises taken by such condemnation, and Landlord shall, provided the proceeds or award payable on account of such condemnation is paid to Landlord and Landlord is not required to pay such proceeds to the holder of any mortgage encumbering the Premises or the Condominium, make all necessary repairs or alterations so that the remaining part of the Premises constitutes a complete architectural unit.
All damages awarded for such taking, whether for a whole or a part of the Premises, shall belong to and be the property of the Landlord, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises; provided, however, that Landlord shall not be entitled to any award made to Tenant for loss of business or for the cost of removing stock or trade fixtures.
Waiver of Right of Recovery.
Notwithstanding any provision of this Lease to the contrary, if either party hereto is paid any proceeds under any policy of insurance naming such party as an insured, on account of any loss or damage, then such party hereby releases the other party to and only to the extent of the amount of such proceeds, from any and all liability for such loss or damage, notwithstanding that such loss, damage or liability may arise out of the negligent or intentionally tortious act or omission of the other party, its agents, officers or employees; provided, that such release shall be effective only as to a loss or damage occurring while the appropriate policy of insurance of the releasing party provides that such release shall not impair the effectiveness of such policy or the insured's ability to recover thereunder. Each party hereto shall use reasonable efforts to have a clause to such effect included in its said policies, and shall promptly notify the other in writing if such clause cannot be included in any such policy.
Tenant shall arrange for and promptly pay for all utility charges, taxes and fees relating to the Premises during the Term of this Lease, including, without limitation, electricity, gas, heat and charges for air conditioning, telephone, and sewerage, if any charge is made therefor.
Taxes and Assessments.
Landlord agrees that it shall pay, as the same becomes due and payable, all taxes and assessments levied or imposed upon the Premises, or any part thereof, during the entire term of this Lease.
Tenant shall have the right to install, operate and remove, at its own cost and expense, any sign or signs on the Premises as Tenant deems necessary for the operation of its business facility; provided, such signs comply with the Declaration any and all applicable zoning codes, rules and regulations.
Landlord agrees that Tenant, paying the Rents and performing the covenants of this Lease, may quietly have, hold and enjoy the Premises during the term of this L
Event of Default. Any one or more of the following events shall constitute an "Event of Default":
failure of Tenant to pay an installment of Rent or any other sum payable by Tenant hereunder within ten (10) days after it becomes due;
failure of Tenant to perform any other of Tenant's obligations under this Lease within (30) days after Landlord gives Tenant written notice of such failure, plus such additional reasonable period of time if Tenant has commenced to cure the default and diligently pursues the same to completion;
the making by Tenant of an assignment for the benefit of its creditors;
the levying of a writ of execution or attachment on or against Tenant;
institution of proceedings for reorganization, liquidation, voluntary or involuntary bankruptcy of Tenant or its adjudication as a bankrupt or insolvent or the appointment of a receiver, trustee or liquidator to take charge of its assets; or
the vacating or abandonment of the Premises by Tenant at any time during the term of this Lease.
Remedies. Upon the occurrence and continuance of any Event of Default, Landlord without notice to Tenant in any instance (except where expressly provided for below) may do any one or more of the following:
Landlord may perform, on behalf and at the expense of Tenant, any obligation of Tenant under this Lease which Tenant has failed to perform and of which Landlord shall have given Tenant notice, the cost of which performance by Landlord together with interest thereon at the Default Rate from the date of such expenditure, shall be deemed Additional Rent and shall be payable by Tenant to Landlord upon demand;
Landlord may elect to terminate this Lease and the tenancy created hereby by giving notice of such election to Tenant, and may reenter the Premises, by summary proceedings or otherwise, and may remove Tenant and all other persons and property from the Premises, and may store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant without resort to legal process and without Landlord being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby;
Landlord may exercise any other legal or equitable right or remedy which it may have.
Damages. If the Lease is terminated by Landlord pursuant to this Section, Tenant nevertheless shall remain liable for any damages which may be due or sustained prior to such termination and all reasonable costs, fees and expenses incurred by Landlord in pursuit of its remedies hereunder, or in renting the Premises to others from time to time (all such Rent, damages, costs, fees and expenses being referred to herein as "Termination Damages") and additional damages (the "Liquidated Damages"), which shall be an amount equal to the present worth as of the date of such termination of Rent which, but for termination of this Lease, would have become due during the remainder of the Term, in which case such Liquidated Damages shall be payable to Landlord in one lump sum on demand and shall bear interest at the Default Rate until paid. For purposes of this clause, "present worth" shall be computed by discounting such amount to present worth at a discount rate equal to one percentage point above the discount rate then in effect at the Federal Reserve Bank nearest to the Condominium.
If this Lease is terminated pursuant to this Section, Landlord may relet the Premises or any part thereof, alone or together with other premises, for such term or terms (which may be greater or lesser than the period which otherwise would have constituted the balance of the Term) and on such terms and conditions (which may include concessions or free rent and alterations of the Premises) as Landlord, in its uncontrolled discretion, may determine, but Landlord shall not be liable for, nor shall Tenant's obligations hereunder be diminished by reason of, any failure by Landlord to relet the Premises or any failure by Landlord to collect any Rent due upon such reletting.
Assignment and Subletting by Tenant.
Tenant shall not assign, pledge, mortgage or otherwise encumber this Lease, in whole or in part, nor sublet all or any portion of the Premises or permit any other person to hold or occupy all or any portion thereof, without the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed.
No waiver of any condition or covenant of this Lease or failure to exercise a remedy by either of the parties hereto shall be considered to imply or constitute a further waiver by such party of the same or any other condition, covenant or remedy.
Every notice, demand, request, consent, approval or other communication ("Notice") required or permitted under this Lease shall be in writing and shall be sent by: (i) certified or registered mail, postage prepaid, return receipt requested with a simultaneous copy sent by facsimile; (ii) by private courier service; (iii) telex or telegram or by other similar means of prepaid recorded communication; or (iv) by nationally recognized overnight delivery service to the applicable address set forth below:
(a) To Landlord at:
Homelawn Development Inc.
4010 North Bend Road
Cincinnati, Ohio 45211
Facsimile: (513) 662-7603
(b) To Tenant at:
Quality Cleaning Concepts
6760 Daly Road
Cincinnati, Ohio 45224
All rental payments shall be made to Landlord at the above address. These addresses may be changed from time to time by either party by serving notice to the other party as above provided. Every Notice sent in the manner aforesaid shall be deemed to have been given on the date such Notice is deposited in the U.S. Mail and confirmatory evidence is received for transmission of the facsimile, with a private courier service, by telex or telegram, or upon deposit with a nationally recognized overnight delivery service as the case may be.
This Lease shall be governed according to the laws of the State of Ohio.
Memorandum of Lease.
Landlord and Tenant agree not to record this Lease, but upon the request of either party agree to execute for recording purposes a Memorandum of Lease in accordance with the laws of the State of Ohio.
23. Security Deposit: Equal to one months rent and payable at execution of this lease.
Remainder of Page Intentionally Left Blank. Signature Page to Follow.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease as of the date first above written.
Homelawn Development Inc, an Ohio Corporation
Limited Liability Company
STATE OF OHIO )
COUNTY OF HAMILTON )
The foregoing Lease was acknowledged before me this ______ day of____________, 2003, by ______________________, Authorized Member of Homelawn Development Inc, an Ohio Corporation, on behalf of the Ohio Corporation.
STATE OF _____________)
COUNTY OF _____________)
The foregoing Lease was acknowledged before me this ______ day of ____________, 2013, by ____________________, ________________ of Quality Cleaning Concepts, an Ohio limited liability company, on behalf of the limited liability company
Section, Landlord may relet the Premises or any part thereof, alone or together with other premises, for such term or terms (which may be greater or lesser than the period which otherwise would have constituted the balance of the Term) a