LEASE AGREEMENT (Month To Month)

Transcription

1 LEASE AGREEMENT (Month To Month) This Lease dated _April 30_, _2013_, (the Lease ) is entered into by and between Equus Investment Group, LP, a California Limited Partnership (Landlord) and _Screen Gems Productions, Inc., C/O Planet Hollywood Resort & Casino (Tenant). 1. LEASE OF PREMISES. Landlord leases to Tenant and Tenant leases from Landlord that portion of the building located at 3170 Polaris, Ste. 35, Las Vegas, Nevada (the Building) containing approximately 1,177 square feet of area, shown by diagonal lines on Exhibit A attached hereto. 2. TERM. The term (Term) shall begin on May 1, 2013, and continue thereafter on a month-to-month basis until terminated by either party upon at least thirty (30) days prior written notice. 3. RENT. Rent shall be $ per month, payable in advance without deduction, upon the first day of each calendar month to Landlord at the address specified below or such other address as designated by Landlord. Rent more than five (5) days past due is subject to a late charge equal to ten percent (10%) of such amount. The five (5) day period before which a late charge is imposed is not a grace period. Unpaid balances remaining after termination of occupancy (other than outstanding late charges) are subject to interest at 1.5% per month or any greater maximum rate allowed by law. Tenant shall also pay $10.00 for each dishonored bank check. The address for rent payment is: Gatski Commercial RE Services 4755 Dean Martin Dr. Las Vegas, NV ATTN.: Property Management 4. SECURITY DEPOSIT. Upon signing this Lease, Tenant shall deposit with Landlord $ as a security deposit for Tenant s performance of this Lease. Landlord may use the security deposit to: (a) cure Tenant s default and compensate Landlord for all damages resulting from Tenant s default; (b) repair damages to the Premises caused by Tenant; and (c) clean the Premises upon termination of the Lease. If the security deposit, or any portion of it, is used by Landlord as allowed by this paragraph, then Tenant shall pay to Landlord on demand the sum necessary to replenish the security deposit to its original amount. Should Tenant comply with all of the terms and conditions of this Lease, and provided Tenant is not in default on any of its obligations hereunder, then, in accordance with State law, Landlord shall return the security deposit (or remaining portion of the security deposit after appropriate deductions) to Tenant along with an accounting thereof. Landlord and Tenant agree that the security deposit may be commingled with other funds of Landlord and that Landlord shall have no obligation or liability for payment of interest on such deposit. 1

2 5. USE. The Premises shall be used exclusively for general office & warehouse for a production company and no other use. Tenant shall operate its Use in the Premises in accordance with all applicable laws, and Tenant shall not conduct or permit to be conducted any illegal operations or activities in, on or about the Premises or Building. Tenant shall not commit any waste upon the Premises, or cause any nuisance or act which may disturb the quiet enjoyment of any tenant in the Building. Tenant shall not conduct any activities that will increase Landlord s insurance rates or that will in any manner degrade or damage the reputation of the Building. Landlord shall have exclusive control of any common area. 6. MAINTENANCE, REPAIRS AND ALTERATIONS. Tenant acknowledges that the Premises are in good order and repair. Tenant shall, at its own expense, maintain the Premises in good order and repair and in a clean and sanitary manner including all equipment, furniture and furnishings. Tenant shall not redecorate, paint or make alterations to the Premises without the prior written consent of Landlord and Tenant shall give Landlord prompt notice of any damage to or defective condition in the Premises or Building. Tenant shall surrender the Premises at the end of the Term in as good a condition as received, normal wear and tear excepted. 7. SIGNS. Tenant shall not place any signs on the Premises or Building or in the windows or doors of the Premises without Landlord s prior written consent, which consent shall not be unreasonably withheld. Any signs permitted shall be subject to Landlord s approval and/or sign criteria (if any). 8. COMPLIANCE WITH LAW. Tenant shall comply, at Tenant s sole cost, with all current or future statutes, ordinances and requirements of municipal, state, or federal authorities, relating to the use of the Premises. 9. RULES AND REGULATIONS. Tenant agrees to abide by all Rules and Regulations of Landlord, whether made before or after the execution of this Lease, including but not limited to, rules with respect to noise, odors, disposal of refuse, parking and use of common areas. A copy of the current Rules and Regulations are attached hereto as Exhibit B and are incorporated herein by this reference. Landlord may modify the Rules and Regulations from time to time. 10. KEYS. Landlord shall provide Tenant one (1) key to the Premises. Tenant shall return all keys to Landlord at the end of the term. The cost to replace a lost key shall be $ Tenant shall be responsible for keeping doors locked and turning off lights. 11. SUBLETTING AND ASSIGNMENT. Tenant shall not assign this Lease or sublet all or any part of the Premises. 12. ENTRY AND INSPECTION. Landlord may enter the Premises at any time by passkey or otherwise to determine Tenant s compliance with this Lease, to perform necessary services, maintenance and repairs to the Building or Premises, or to show the Premises to any prospective tenants or purchasers. Except in an emergency, Landlord s entry shall be at reasonable times and in a reasonable manner. 2

3 13. INDEMNIFICATION. Tenant shall indemnify, defend and hold Landlord harmless from all damages arising out of injury or death to any person or damage to any property occurring in, on or about the Premises, or any negligent or otherwise tortious act or omission of Tenant or Tenant s employees, except that Landlord shall indemnify, defend and hold Tenant harmless from damages arising solely from the gross negligence of Landlord, its agents or employees. Landlord shall not be liable for injury or damage to person or property caused by or resulting from fire, steam, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, or from breaks, leaks, obstruction or defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning, heating or ventilation systems, lighting fixtures, or mechanical or electrical systems (whether such injury or damage arises from conditions in or on the Premises or from areas outside the Premises), unless the condition was the sole result of Landlord s gross negligence. 14. INSURANCE. Tenant at its cost shall maintain on its personal property, trade fixtures, tenant improvements and alterations in and to the Premises a policy of commercial property insurance (ISO special causes of loss form CP 10 30) against all risk of direct physical loss or damage to such property at its full replacement value. Tenant shall use the insurance proceeds for replacement of personal property and restoration of tenant improvements or alterations. Tenant at its cost shall also maintain a policy of commercial general liability insurance (ISO occurrence form CG 00 01) providing coverage for liability arising from the use of, occupancy of or operations from the Premises in an amount not less than One Million and no/100 Dollars ($1,000,000.00) per occurrence. The issuing companies shall have a rating of not less than A in the latest edition of Best s Insurance Guide and shall be at least a Class VII company. Each policy shall: (a) be endorsed to name Landlord and its designates as additional insured; (b) be primary and noncontributing with respect to any policies carried by Landlord; (c) state that any coverage carried by Landlord shall be excess insurance; (d) contain waiver of subrogation provisions in favor of Landlord; and (e) carry cross-liability endorsements. A certificate of insurance (with applicable endorsements) evidencing each such insurance policy shall be delivered to Landlord before Tenant takes possession of the Premises and within thirty (30) days after Landlord s demand at any time during the term. 15. LANDLORD S PROPERTY. If Tenant obtains a money judgment against Landlord resulting from or arising out of this Lease, that judgment shall be satisfied only out of the rents, issues, profits, and other income actually received on account of Landlord s right, title and interest in the Premises, or Building, and no other real, personal, or mixed property of Landlord (or of any of the partners which comprise Landlord, if any) wherever situated, shall be subject to levy to satisfy such judgment. 16. DEFAULT. Tenant shall be in default if Tenant: (a) fails to pay rent within three (3) days after it is due; (b) fails to perform any other provision of this Lease within ten (10) days after written notice from Landlord; or (c) abandons or vacates the Premises. 17. REMEDIES. If Tenant defaults, Landlord shall have the right to the following remedies in addition to any other remedies provided by law: (a) Landlord may terminate the Lease and retake possession of the Premises; (b) Landlord may recover all damages caused by Tenant s default, including without limitation, lost rentals and lease commissions; (c) Landlord may sue periodically to recover damages as they occur throughout the Term without barring later actions for subsequent damages; (d) Landlord may elect in one action to recover accrued damages plus the difference between the rent under this Lease and the reasonable rental value of the Premises for the remainder of the Term less amounts that Tenant proves could reasonably be avoided; and (e) if Tenant abandons or vacates the Premises, Landlord may consider any property remaining on the Premises to be abandoned and 3

4 may dispose of it in any legal manner. All property on the Premises is subject to a Landlord s lien for the payment of all sums due under the Lease. 18. FAILURE TO DELIVER POSSESSION. If Tenant fails to vacate and deliver possession of the Premises to Landlord on the expiration or sooner termination of this Lease, Tenant shall indemnify, defend and hold Landlord harmless from all claims, liabilities and damages resulting from Tenant s failure to vacate and deliver possession of the Premises, including, without limitation, claims made by a succeeding tenant resulting from Tenant s failure to vacate and deliver possession of the Premises and rental loss which Landlord suffers. 19. ATTORNEY S FEES. If either party retains an attorney to enforce a term or condition of the Lease or to commence an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to recover from the losing party reasonable attorneys fees and costs incurred as a result. 20. WAIVER. Landlord s acceptance of delinquent rent or its failure to enforce any of the terms of this Lease shall not be deemed a waiver. 21. ESTOPPEL CERTIFICATE. Within ten (10) days after Landlord s written request, Tenant shall deliver to Landlord a written statement on Landlord s form certifying (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of rent and the date to which rent has been paid in advance; (c) the amount of any security deposit; (d) that Landlord is not in default under this Lease, or stating the nature of any claimed default; and (e) any other information reasonably requested by Landlord. Tenant s failure to deliver such statement within the time required shall at Landlord s election be a default under this Lease and shall also be conclusive upon Tenant that: this Lease is unmodified and in full force and effect except as represented by Landlord; not more than one month s rent has been paid in advance; there are no uncured defaults in Landlord s performance; and Tenant has no right of offset, counter-claim or deduction against rent. 22. AUTHORITY FOR SIGNATURE. Each individual signing this Lease on behalf of Tenant represents and warrants that he or she is duly authorized to execute and deliver this Lease, and that this Lease is binding on Tenant. 23. NOTICES. All notices shall be either: (a) personally delivered; (b) mailed via certified mail, postage pre-paid, return receipt requested; or (c) sent via a recognized overnight carrier such as Federal Express or DHL, to Tenant at the Premises or to Landlord at the address specified below or at such other places as may be designated in writing by the parties. LANDLORD: Gatski Commercial RE Services 4755 Dean Martin Dr. Las Vegas, NV ATTN.: Property Management TENANT: 4

5 24. SERVICES AND UTILITIES Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, heating, air conditioning and other ventilation, janitorial, telephone service, including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. 25. HAZARDOUS MATERIAL. Unless Tenant obtains the prior written consent of Landlord, Tenant shall not create, generate, use, bring, allow, emit, dispose, or permit on the Premises or Building any toxic or hazardous gaseous, liquid, or solid material or waste, or any other hazardous material defined or listed in any applicable federal, state or local law, rule, regulation or ordinance. If Landlord grants its consent, Tenant shall comply with all applicable laws with respect to such hazardous material, including all laws affecting the use, storage and disposal thereof. If the presence of any hazardous material brought to the Premises or Building by Tenant or Tenant's employees, agent or contractors results in contamination, Tenant shall promptly take all actions necessary, at Tenant's sole cost and expense, to remediate the contamination and restore the Premises or Building to the condition that existed before introduction of such hazardous material. Tenant shall first obtain Landlord's approval of the proposed remedial action and shall keep Landlord informed during the process of remediation. Tenant shall indemnify, defend and hold Landlord harmless from any claims, liabilities, costs or expenses incurred or suffered by Landlord arising from such bringing, allowing, using, permitting, generating, creating, emitting, or disposing of toxic or hazardous material whether or not consent to same has been granted by Landlord. Tenant's duty to defend, hold-harmless and indemnify Landlord hereunder shall survive the expiration or termination of this Lease. The consent requirement contained herein shall not apply to ordinary office products that may contain de minimis quantities of hazardous material; however, Tenant's indemnification obligations are not diminished with respect to the presence of such products. Tenant acknowledges that Tenant has an affirmative duty to immediately notify Landlord of any release or suspected release of hazardous material in the Premises or on or about the Building. Medical waste and any other waste, the removal of which is regulated, shall be contracted for and disposed of by Tenant, at Tenant's expense, in accordance with all applicable laws and regulations. No material shall be placed in Building trash boxes, receptacles or common areas if the material is of such a nature that it cannot be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the local area without being in violation of any law or ordinance. 5

6 26. TELECOMMUNICATIONS. Tenant may install, maintain, replace, remove, use or modify communications or computer wires, cables and related devices (collectively, the "Lines") at the Building (except those Lines exclusively within the Premises) only with Landlord's prior written consent, which consent shall not be unreasonably withheld. If Landlord consents to Tenant s proposal, Tenant shall pay all costs in connection therewith, and shall comply with Landlord s requirements and all laws governing the Lines and equipment ( Laws ). Landlord disclaims all responsibility for the condition or utility of the intrabuilding network cabling ( INC ) and makes no representation regarding the suitability of the INC for Tenant s intended use. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, demands, etc. (including reasonable attorneys fees and associated legal costs) arising from the acts or omissions of Tenant, its agents, employees or contractors with respect to any Lines or equipment related thereto serving Tenant in the Building, including any personal injury or property damage. This indemnification and hold harmless agreement shall survive the termination of this Lease. Landlord reserves the right to require Tenant to remove any or all Lines installed by or for Tenant on or after the date of execution hereof upon termination of this Lease. Landlord reserves the right to install new Lines or create additional space for Lines at the Building, and Tenant agrees to promptly cooperate with Landlord in the implementation of such task. 27. TIME. Time is of the essence of this Lease. 28. WAIVER OF JURY TRIAL. Landlord and Tenant hereby waive their respective rights to a trial by jury of any claim, action, proceeding or counterclaim by either party against the other on any matters arising out of or in any way connected with the Lease, the relationship of Landlord and Tenant, and/or Tenant s Use or occupancy of the Premises or Building (including any claim of injury or damage or the enforcement of any remedy under any current or future laws, statutes, regulations, codes or ordinances). 29. ABANDONED PROPERTY. Landlord may consider any property remaining on the Premises at the expiration or sooner termination of the Lease to be abandoned and may dispose of it in any legal manner. If Landlord so chooses, title to such property shall pass to Landlord under this Lease as by a bill of sale. The unenforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal. 30. EXECUTION OF LEASE. The submission of this Lease to Tenant shall be for examination purposes only and does not and shall not constitute a reservation of or option for Tenant to Lease, or otherwise create any interest of Tenant in the Premises or any other premises within the Building. Execution of this Lease by Tenant and its return to Landlord shall not be binding on Landlord, notwithstanding any time interval, until Landlord has in fact signed and delivered this Lease to Tenant. 31. SEVERABILITY. The unenforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal. 6

7 32. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties and supersedes any prior negotiations, proposals or understandings. The Lease may be modified only by a writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first set forth on Page 1. LANDLORD: GATSKI COMMERCIAL RE SERVICES, A Nevada Corporation Property Management Agent for: Equus Investment Group, LP, a California Limited Partnership By: Frank P. Gatski, CPM, CCIM President TENANT: Screen Gems Productions, Inc., C/O Planet Hollywood Resort & Casino By: Name: Title: 7

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