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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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176 lines
The State of Mississippi County of Jefferson
This lease is made between Simon Le Gris, of 123 4th Avenue
NW, Biloxi, Mississippi, herein referred to as lessor, and, Titus
Abernathy, of 456 7th Avenue, Suite 103, Biloxi, Mississippi,
herein referred to as lessee.
Lessor hereby leases to lessee and lessee hereby hires the
space presently known as:
Suite 101
in the building located at 901B 54 Avenue North, Biloxi,
Mississippi, referred to below as the building, the same
constituting 750 square fee MOL.
The space is leased for a term of 12 months, to commence on
March 15, 1994 and to continue until March 13, 1995.
The total term rental is the sum of $90,000.00, ( ninety
thousand & no/100 dollars) which is payable in equal monthly
installments, in advance, on the first day of each calendar month.
Lessee shall in addition pay such applicable sales/use taxes as
may be levied from time to time by competent authority in addition
to the base rental.
Lessee shall pay rent, and any additional rental as provided
below, to lessor at lessor's above stated address, or at such
other place as lessor may designate in writing, without demand,
and without counterclaim, deduction or setoff.
Lessee shall use and occupy the premises as retail store and
for no other purpose. Lessor represents that the premises may be
lawfully used for such purpose.
Lessee shall commit no act of waste and shall take good care
of the premises and the fixtures and appurtenances therein, and
shall, in the use and occupancy of the premises, conform to all
laws, orders and regulations of the federal, state, and municipal
government of any of their departments. All improvements made by
lessee to the premises which are so attached to the premises that
they cannot be removed without material injury to the premises,
shall become the property of lessor upon installation.
Not later than the last day of the term lessee shall, at
lessee's expense, remove all of lessee's personal property and
those improvements made by lessee which have not become the
property of the lessor, including trade fixtures, cabinet work,
movable paneling, partitions and the like; repair all injury done
by or in connection with the in installation or removal of the
property and improvements; surrender the premises in as good
condition as they were at the beginning of the term, reasonable
wear and damage by fire, the elements, casualty, or other cause
not due to the misuse or neglect by lessee or lessee's agents,
servants, visitors, servants or licensees, excepted. All property
of the lessee remaining on the property after the last day of the
term of this lease shall be conclusively deemed abandoned and may
be removed by lessor, and lessee shall reimburse lessor for the
cost of such removal. Lessor may have any such property stored at
lessee's risk and expense.
Lessee shall not, without first obtaining the written consent
of the lessor, make any alterations, additions or improvements
in, to or about the premises.
Lessee shall not do or suffer anything to be done on the
premises which will cause an increase in the rate of fire
insurance on the building.
Lessee shall not permit the accumulation of waste or refuse
matter on the leased premises or anywhere in or near the
building.
Lessee shall not, without first obtaining the written consent
of the lessor, abandon the premises, or allow the premises to
become vacant or deserted.
Lessee shall not, without obtaining the written consent of
the lessor, assign, mortgage, pledge, or encumber this lease, in
whole or in part, or sublet the premises or any part of the
premises.
Lessee shall observe and comply with such reasonable rules
and regulations as may be established from time to time by
lessor.
If the building is damaged by fire or any other cause to such
extent that the cost of restoration, as reasonably estimated by
lessor, will equal or exceed 60% of the replacement value of the
building, just prior to the occurrence of the damage, then lessor
may, no later than the seventh day following the damage, give
lessee a notice of election to terminate the lease. In the event
of such election this lease shall be deemed to terminate as of
the date of the damage or destruction, and lessee shall surrender
the premises within a reasonable time thereafter, and any pre-
paid rent shall be refunded proportionally.
If the premises or any part of the premises, or any part of
the building materially affecting lessee's use of the premises,
be taken by eminent domain, this lease shall terminate on the
date when title vests pursuant to such taking. The rent shall be
apportioned as of the termination date and any rent paid for any
period beyond such date shall be repaid to lessee.
This lease shall be subject and subordinate to all underlying
leases and to mortgages which may now or hereafter affect such
leases or the real property of which the premises form a part,
and also all renewals, modifications, consolidations, and
replacements of the underlying leases and mortgages. Lessee
agrees to execute such estoppel letters or other documents
required to confirm the same.
Lessor may enter the premises at any reasonable time, upon
adequate notice to lessee (except that no notice need be given in
case of an emergency) for the purpose of inspection or the making
of such repairs, replacements, or additions in, to , on and about
the premises or the building, as lessor deems necessary or
desirable.
Lessor shall make all necessary repairs to the premises, except
where the repair has been made necessary by misuse or neglect by
lessee or lessee's agents, servants, visitors or licensors.
Lessor agrees to furnish electricity for usual office
requirements; however, lessee shall not use any electrical
equipment which in lessor's reasonable opinion will overload the
wiring installations or interfere with the reasonable use of such
installations by lessor or other tenants in the building.
The Lessee shall at all times maintain public liability
insurance with a minimum $ 300,000 bodily injury liability. Lessee
shall provide proof of this coverage to the lessor.
This document represents the entire agreement of the parties
and there are no representations not stated herein, and this
agreement may only be modified by a writing executed by both
parties hereto.
Dated: ____________________________
______________________________________________
Simon Le Gris
_____________________________________________
Titus Abernathy