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Title: |
Business Lease |
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Entities: |
National Medical Health Card Systems Inc.; Sunbeam Development Corporation; NMHCRX Mail Order, Inc. |
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Date: |
2003 |
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Size: |
Preview shows 7KB of 42KB total |
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Price: |
$43 |
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ID: |
#176982 |
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Miramar Park of Commerce
BUSINESS LEASE
THIS LEASE, entered into this 18th day of November, 2002, between Sunbeam
Development Corporation hereinafter called the Lessor, party of the first part,
and NMHCRX MAIL ORDER, Inc., a division of National Medical Health Card Systems,
Inc., a Delaware corporation, hereinafter called the Lessee or tenant, party of
the second part:
WITNESSETH, That the said Lessor does this day Lease unto said Lessee, and
said Lessee does hereby hire and take as tenant 9994 Premier Parkway, Miramar,
Broward County, Florida 33025 (the "Premises"), which consists of approximately
12,853 square feet as shown on Exhibit "A" attached and which is a portion of
the "Building" as identified on Exhibit "A". The Premises shall be used and
occupied by the Lessee as a mail order pharmacy and offices ancillary thereto
and for no other purposes or uses whatsoever without the express written consent
of Lessor, said consent not to be unreasonably withheld or delayed, for the term
of approximately five (5) years beginning the 14th day of December, 2002, and
ending the31st day of December, 2007, at and for the agreed rental payable as
follows:
{TABLE}
{S} {C} {C} {C} {C} {C} {C}
$3,855.90 plus State Sales Tax for the period from December 14-31, 2002;
$6,640.72 per month plus State Sales Tax from January 1, 2003 thru December 31, 2003;
$6,906.35 per month plus State Sales Tax from January 1, 2004 thru December 31, 2004;
$7,182.60 per month plus State Sales Tax from January 1, 2005 thru December 31, 2005;
$7,469.90 per month plus State Sales Tax from January 1, 2006 thru December 31, 2006;
$7,768.70 per month plus State Sales Tax from January 1, 2007 thru December 31, 2007.
{/TABLE}
Such payments are in addition to all other payments to be made under this Lease
by Lessee, including but not limited to those described in Paragraph 28.
Lessee hereby deposits $66,783.72 with Lessor for the following:
December 14-31, 2002 Rent: $3,855.90
Lessee's Proportionate Share of December 14-31, 2002
Estimated Expenses (per Paragraph 28): $1,243.84
Sales Tax: $ 305.98
Lessee's Contribution towards Lessor's
Improvements (per Paragraph 36(e) below) $61,378.00
Security Deposit: $ 0.00
--------------
Total: $66,783.72
In the event the term of this Lease begins or ends on other than the first
or last day of a month, rent for such month(s) shall be prorated on a per diem
basis. In the event that any monthly rental payment due hereunder is not
received by Lessor by the fifteenth (15th) day of any month, said payment shall
bear a late charge of ten percent (10%) of the monthly payment which shall be
then due and payable.
All payments to be made to the Lessor on the first day of each and every
month in advance without demand at the office of Sunbeam Development Corporation
1401 79th St. Causeway in the City of Miami, Florida 33141 or at such other
place and to such other person, as the Lessor may from the time to time
designate in writing.
The following express stipulations and conditions are made a part of this Lease
and are hereby assented to by the Lessee:
FIRST: Assignment, Subletting & Alterations. The Lessee shall not assign
this Lease, nor sub-let the Premises, or any part thereof nor use the same, or
any part thereof, nor permit the same, or any part thereof, to be used for any
other purpose than as above stipulated, nor make any alterations therein, and
all additions thereto, without the written consent of the Lessor, said consent
not to be unreasonably withheld or delayed, and all additions, fixtures, or
improvements which may be made by Lessee, except movable office furniture, shall
become the property of the Lessor and remain upon the Premises as a part
thereof, and be surrendered with the Premises at the termination of this Lease.
Lessor's consent shall not be required for any assignment and/or sublease to any
parent or wholly-owned subsidiary of Lessee. Notwithstanding, Lessee shall
remain liable for all of its obligations under this Lease irrespective of any
assignment, unless specifically released in writing by Lessor pursuant to this
Paragraph.
SECOND: Personal Property/Leasehold Improvements. All personal property
placed or moved in the Premises above described shall be at the risk of the
Lessee or owner thereof, and Lessor shall not be liable for any damage to said
personal property, or to the Lessee arising from the bursting or leaking of
water pipes,,( unless caused by the gross negligence of the Lessor), or from any
act of negligence of any co-tenant or occupants of the Building or of any other
person whomsoever.
THIRD: Compliance with Laws. That the Lessee shall promptly execute and
comply with all statutes, ordinances, rules, orders, regulations and
requirements of the Federal, State and City Government and of any and all their
Departments and Bureaus applicable to said Premises, for the correction,
prevention, and abatement of nuisances or other grievances, in, upon, or
connected with said Premises during said term.
FOURTH: Casualty. In the event the Premises shall be destroyed or so
damaged or injured by fire or other casualty during the life of this Lease,
whereby the same shall be rendered untenantable, then the Lessor shall have the
right to render said Premises tenantable by repairs within 150 days therefrom.
If said Premises are not rendered tenantable within said time, it shall be
optional with either party hereto to cancel this Lease, and in the event of such
cancellation the rent shall be paid only to the date of such fire or casualty.
The cancellation herein mentioned shall be evidenced in writing.
FIFTH: Compliance. The prompt payment of the rent for said Premises upon
the dates named, and the faithful observance of the rules and regulations
printed upon this Lease, and which are hereby made a part of this covenant, are
the conditions upon which this Lease is made and accepted and any failure on the
part of the Lessee to comply with the terms of said Lease, or any of said rules,
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