In consideration of the mutual covenants set forth herein, this Lease (hereafter the term “Lease” and “Agreement” are used interc
hangeably) is entered into this date of April 1st. 2014 between Lake City Marketplace LLC., (hereinafter “Landlord”) and
Louisiana Seafood, (hereinafter “Tenant”) Landlord leases to Tenant, and
Tenant leases from Landlord, the Property with the following address:
5370A Jonesboro Road, Lake City, Georgia 30260
1. Term.
A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial
Term" beginning April 1st. 2014 and ending March 31 th. 2019. Landlord shall use its best efforts to give Tenant possession as
nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall
abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay.
B. Tenant may renew the Lease for one extended term of 60 months. Tenant shall exercise such renewal option, if at all, by giving
written notice to Landlord not less than one hundred eighty (180) days prior to the expiration of the Initial Term. The renewal term
shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this
Lease.
2. Possession.
If Landlord is unable to deliver possession of Property on the Commencement Date, rent shall be abated on a daily basis
until possession is granted. If possession is not granted within fourteen (14) days from the Commencement Date, Tenant may ter
minate his Lease in which event Landlord shall promptly refund all payments and deposits to Tenant. Landlord shall not be liable
for delays in the delivery of possession to Tenant.
3. Rent.
Tenant shall pay base rent to Landlord without demand, deduction, or setoff in advance in the sum of $1400.00 (One thousand
four hundred dollars) per month on the first day of each month during the term of the
Lease or any renewals thereof, at the following address:
4286 Jonesboro Road, Forest Park, GA30297 (or at such other address as may be designated from time to time by Landlord in
writing).If the Commencement Date begins on the second day through the last day of any month, the rent shall be prorated for
that portion of the month and shall be paid at the time of leasing Property. Tenant shall also pay additional rent as may be
provided elsewhere in this Lease. Such additional rent shall be paid in the same manner as the base rent.
Lease year Monthly Installments
1st year.
April 1st. 2014 to March 31th. 2015 $1400.00
2nd. year.
April 1st.. 2015 to March 31th. 2016 $1442.00
3rd. year.
April 1st.. 2016 to March 31th. 2017 $1485.00
4th. year.
April 1st.. 2017 to March 31th. 2018 $1529.00
5th. year.
April 1st.. 2018 to March 31th. 2019 $1574.00
4. Late Payment.
Service Charge for Returned Checks. Rent not paid in full by the fifth day of the payment day shall be late. Landlord shall
have no obligation to accept any rent not received by the fifth of the month. If late payment is made and Landlord accepts the
same, the payment must be in the form of cash, cashier’s check or money order and must include an additional rent amount of
$100.00 and, if applicable, a service charge for any returned check of $50.00. Landlord reserves the right to refuse to accept
personal checks from Tenant after one or more of Tenant’s personal checks have been returned by the bank unpaid.
5. Security Deposit.
A. Tenant has paid to Landlord as security for Tenant’s fulfillment of the conditions of this Lease a security deposit of $4,200.00 (Four
thousand two hundred dollars) in money order and/or check (“Security Deposit”).
B. The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of
Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be
considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise
provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord' s other
funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary
to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such
application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the
Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security
Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the
Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no
further liability for the return of such Security Deposit.
6. Repairs and Maintenance.
Tenant acknowledges that Tenant has inspected the Premises and that it is fit for its stated use.
Tenant agrees that no representations regarding the Premises or the condition thereof and no promises to alter,
decorate, improve, or repairs have been made by Landlord, Broker, or their agents unless specified in this Lease.
A. Duties of Landlord: Landlord shall keep the Common Areas and all major systems serving Property and/or the Common Areas
in good working order and repair, normal wear and tear excepted. Upon receipt of written notice from Tenant, Landlord shall,
Page 1/5
COMMERCIAL LEASE AGREEMENT
(LOUISIANA SEAFOOD)
within a reasonable time period thereafter, repair all defects in the Common Areas and those systems that are the responsibility
of Landlord to maintain in good working order and repair. Landlord may change the size, use, shape, or nature of the Common
Areas, so long as such change does not materially deprive Tenant of the use of Property. Landlord shall not be liable to
Tenant for any damage caused by any of the above referenced systems or by water coming through or around the roof
or any door, flashing, skylight, vent, window, or the like in or about Property, except if such damage is due to the gross
negligence or willful misconduct of Landlord.
B. Duties of Tenant: Tenant agrees to maintain Property in good order and repair, normal wear and tear excepted. If Tenant does
not promptly perform its maintenance and repair obligations as set forth herein, Landlord may make such repairs and/or
replacements and Tenant shall promptly pay the costs of the same. Tenant shall additionally be responsible for the reasonable co
sts of repairs made necessary by the negligence or willful misconduct of Tenant (including Tenant’s employees, agents,
invitees, guests, or licensees).
7. Common Area Costs.
Landlord shall pay all costs for the maintenance, repair, and operation of the Common Areas.
Tenant shall be responsible for any costs caused by the intentional acts, negligence, carelessness, accident, or abuse of Tenant
or Tenant’s employees, agents, invitees, guests, or licensees.
8. Services.
Landlord shall not be liable for the nonperformance or inadequate performance of such services by third parties. Tenant shall be
responsible for the costs and provision of any services that Landlord has not expressly agreed to pay for in this Lease. Tenant
agrees to provide services not provided by Landlord that are necessary to keep Property in good order, condition, and repair,
normal wear and tear excepted. If Tenant does not provide such services, Landlord may then provide such services and Tenant
shall promptly pay Landlord the costs for such services.
9. Utilities.
Tenant shall pay all charges for water, sewer, gas, electricity, telephone, waster and other services and utilities used by Tenant on
the Leased Premises during the term of this Lease.
10. Renewal Term.
Either party may terminate this Lease at the end of the term by giving the other party sixty (60) days written notice prior to
the end of the term. If neither party gives notice of termination, the Lease will automatically be extended on a month-to-month
basis with all terms remaining the same except that Landlord reserves the right to increase the amount of rent upon delivery of
written notice to Tenant sixty (60) days prior to the effective date of any increase. Thereafter, Tenant may terminate this Lease up
on sixty (60) days written notice to Landlord and Landlord may terminate this Lease upon sixty (60) days written notice to Tenant.
11. Sublet and Assignment.
Tenant may not sublet Property in whole or in part or assign this Lease without the prior written consent of Landlord.
This Lease shall create the relationship of Landlord and Tenant between the parties hereto; no estate shall pass out of Landlord
and this Lease shall create a usufruct only.
12. Right of Access, Signage.
A. Landlord and Landlord’s agents shall have the right of access to Property for inspection, repairs and maintenance during
reasonable hours. In the case of emergency, Landlord may enter Property at any time to protect life and prevent damage to
Property. Landlordand/or Landlord’s agents may place a “for rent” or “for sale” sign on the interior or exterior of Property, and
may show Property to prospective tenants or purchasers during reasonable hours. Tenant agrees to cooperate with Landlord,
Landlord’s agent and Brokers who may show Property to prospective Tenants. Tenant shall secure valuables and agrees to hold
Landlord and/or Landlord’s Agent harmless for any loss thereof.
B. Without Landlord’s prior written permission, Tenant shall not place any sign, advertising matter, or any other things of any kind
on any part of the outside walls or roof of Property or on any part of the interior of Property that is visible from the exterior of Prop
erty. Tenant shall maintain all such permitted signs, adverti
đang được dịch, vui lòng đợi..