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Business Lease

 

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Title:

Business Lease

Entities:

Butler Manufacturing Co.; First Industrial Development Services, Inc.; Asset Acceptance, LLC; Asset Acceptance Capital Corp.

Date:

2003

Size:

Preview shows 8KB of 172KB total

Price:

$61

ID:

#176847

 

 

► Leasing ► Leases ► Business Lease Agreements
► Construction

 

 

Start of Preview




BUSINESS LEASE

1. BASIC TERMS. This SECTION 1 contains the Basic Terms of this
Lease between Landlord and Tenant, named below. Other Sections of the Lease
referred to in this SECTION 1 explain and define the Basic Terms and are to be
read in conjunction with the Basic Terms.

1.1. Date of Lease: August 25, 2003

1.2. Landlord: FIRST INDUSTRIAL DEVELOPMENT SERVICES,
INC., A MARYLAND CORPORATION

1.3. Tenant: ASSET ACCEPTANCE, LLC, A DELAWARE LIMITED
LIABILITY COMPANY (2800 S. FALKENBURG ROAD,
RIVERVIEW, FL 33569)

1.4. Premises: Approximately 52,280 rentable square feet
included in the BUILDING (as hereinafter defined), TO
BE CONSTRUCTED ON THE PROPERTY.

1.5. Property: See EXHIBIT A-1, A-2 AND A-3.

1.6. Lease Term: FIVE (5) years and FOUR (4) months
("TERM"), commencing FEBRUARY 1, 2004 ("COMMENCEMENT
DATE") and ending MAY 31, 2009, subject to SECTION
2.3 below, ("EXPIRATION DATE").

1.7. Permitted Uses: (See SECTION 4.1) GENERAL OFFICE

1.8. Tenant's Guarantor: (if none, so state): NONE

1.9. Brokers: (See SECTION 23; if none, so state)

(A) Tenant's Broker: CARTER & ASSOCIATES,
L.L.C. / VAUGHAN & ASSOCIATES LLC

(B) Landlord's Broker: CUSHMAN & WAKEFIELD

1.10. Security/Damage Deposit: (See SECTION 1.1) NONE

1.11. Vehicle Parking Ratio Allocated Tenant: (See Section
4) NINE (9) spaces:1,000 square feet leased

1.12. Initial year, monthly base rent (SEE SECTION 2.2):
$42,216.10

1.13. Initial Estimated Additional Rent Payable by Tenant:
(SEE SECTION 3) $9,541.10 per month

1.14. Tenant's Proportionate Share: 100%

2. LEASE OF PREMISES; RENT.

2.1. LEASE OF PREMISES FOR LEASE TERM. Landlord hereby
leases the Premises to Tenant, and Tenant hereby
rents the Premises from Landlord, for the Term and
subject to the conditions of this Lease.

2.2. TYPES OF RENTAL PAYMENTS. Tenant shall pay net base
rent to Landlord in monthly installments, in advance,
on the first day of each and every calendar month
during the Term of this Lease (the "BASE RENT") in
the amounts and for the periods set forth below:

Tenant Initial__________ Landlord Initial__________

1
{PAGE}

{TABLE}
{CAPTION}
LEASE PERIOD MONTHLY BASE RENT
------------ -----------------
{S} {C}
02-01-04 - 05-31-04 $ -0-
06-01-04 - 05-31-05 $42,216.10
06-01-05 - 05-31-06 $43,271.50
06-01-06 - 05-31-07 $44,353.29
06-01-07 - 05-31-08 $45,462.12
06-01-08 - 05-31-09 $46,598.68
{/TABLE}

Tenant shall also pay Tenant's Proportionate Share (as set forth in SECTION
1.14) of Operating Expenses (as hereinafter defined), Tenant's Proportionate
Share of any and all Reserve Expenses (as hereinafter defined) and any other
amounts owed by Tenant hereunder [collectively, "ADDITIONAL RENT"]. In the event
any monthly installment of Base Rent or Additional Rent, or both, is not paid
within 10 days of the date when due, a late charge in an amount equal to 5% of
the then delinquent installment of Base Rent and/or Additional Rent [the "LATE
CHARGE"; the Late Charge, Default Interest (as defined in SECTION 22.3 below),
Base Rent and Additional Rent shall collectively be referred to as "RENT"] to
FIRST INDUSTRIAL DEVELOPMENT SERVICES, INC., 75 REMITTANCE DRIVE, SUITE 1066,
CHICAGO ILLINOIS 60675-1066 (or such other entity designated as Landlord's
management agent, if any, and if Landlord so appoints such a management agent,
the "AGENT"), or pursuant to such other directions as Landlord shall designate
in this Lease or otherwise in writing; PROVIDED HOWEVER, THAT ON THE FIRST TWO
INSTANCES OF ANY SUCH DELINQUENCY IN ANY CALENDAR YEAR, NO SUCH LATE CHARGE
SHALL APPLY IF PAYMENT IN FULL OF SUCH DELINQUENT INSTALLMENT IS RECEIVED BY
LANDLORD NOT LATER THAN THE FIFTH (5TH) DAY FOLLOWING DELIVERY BY LANDLORD TO
TENANT OF WRITTEN NOTICE OF SUCH DELINQUENCY (IT BEING ACKNOWLEDGED BY TENANT
THAT ANY SUCH ADDITIONAL FIVE (5) DAY NOTICE AND CURE PERIOD SHALL BE APPLICABLE
ONLY ON THE FIRST SUCH INSTANCE OF ANY SUCH DELINQUENT INSTALLMENT DURING ANY
GIVEN CALENDAR YEAR AND THAT LANDLORD SHALL OTHERWISE HAVE NO OBLIGATION TO
NOTIFY TENANT OF ANY SUCH DELINQUENCY).

2.3. COVENANTS CONCERNING RENTAL PAYMENTS. Tenant shall
pay all Rent promptly when due, without notice or demand, and without any
abatement, deduction or setoff, except as may otherwise be expressly and
specifically provided in this Lease. No payment by Tenant, or receipt or
acceptance by Agent or Landlord, of a lesser amount than the correct Rent shall
be deemed to be other than a payment on account, nor shall any endorsement or
statement on any check or letter accompanying any payment be deemed an accord or
satisfaction, and Agent or Landlord may accept such payment without prejudice to
its right to recover the balance due or to pursue any other remedy available to
Landlord. If the Commencement Date occurs on a day other than the first day of a
calendar month, the Rent due for the first calendar month of the Term shall be
prorated on a per diem basis and paid to Landlord on the Commencement Date, and
the Term will be extended to terminate on the last day of the calendar month in
which the Expiration Date stated in SECTION 1.6 occurs.

3. OPERATING EXPENSES.

3.1. DEFINITIONAL TERMS RELATING TO ADDITIONAL RENT. For
purposes of this Section and other relevant provisions of the Lease:

3.1.1. OPERATING EXPENSES. The term "Operating
Expenses" shall mean all costs and expenses paid or incurred with respect to the
ownership, repair, replacement, restoration, maintenance and operation of the
Property, including, without limitation, the following: (i) services provided
directly by employees of Landlord or Agent in connection with the operation,
maintenance or rendition of other services to or for the Property; (ii) to the
extent not separately metered, billed, or furnished, all charges for utilities
and services furnished to either or both of the Property and the Premises
(including, without limitation, the Common Areas [as hereinafter defined]),
together with any taxes on such utilities; (iii) all premiums for casualty,
workers' compensation, liability, boiler, flood and all other types of insurance
provided by Landlord and relating to the Property, all third party
administrative costs incurred in connection with the procurement and

 

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