Unassociated Document


    

      COMMERCIAL
        LEASE 

       

      THIS
        LEASE
        is made on the 1st day of July, 2007.

       

      The
        Landlord hereby agrees to lease to the Tenant, and the Tenant hereby agrees
        to
        hire and take from the Landlord, the Leased Premises described below pursuant
        to
        the terms and conditions· specified herein:

      


      LANDLORD:
        Mary Passalaqua

      Address:
        106 Glenwood Dr. S., Liverpool, NY 13090

      


      


      TENANT(S):
        Fresca Worldwide Trading Corp.

      Address:
        7337 Oswego Rd., Liverpool, NY 13090

       

       

      1.
        Leased-Premises. The Leased Premises are those premises described as: 7337
        Oswego Rd., Liverpool, NY 13090

      


      2.
        Term.
        The term of the Lease shall be for a period of two (2) years commencing on
        the
1st
        day
        of July, 2007
        ending on
        the 30th
        day of June, 2009
        unless
        sooner terminated as 'hereinafter provided. If Tenant remains in possession
        of
        the Leased Premises with the written consent of the Landlord after the lease
        expiration date stated above, this Lease will be converted to a month-to-month
        Lease and each party shall have the right to terminate the Lease by giving
        at
        least one month's prior written notice to the other party.

       

      3.
        Rent.
        The Tenant agrees to pay the ANNUAL RENT of Two Thousand Four Hundred Dollars
        ($
        2,400.00)payable in equal installments $
        200.00
in
        advance
        on the first day of each and every calendar month during the full term of
        this
        Lease.

       

      4.
        Rent
        Adjustment. If in any tax year commencing with the fiscal year 2007, the
        real
        estate taxes on the land and buildings, of which the Leased Premises are
        a part,
        are in excess of the amount of the real estate taxes thereon for the fiscal
        year
        (hereinafter called the "Base Year"), Tenant will pay to Landlord as additional
        rent hereunder, when and as designated by notice in writing by Landlord,
        100 per
        cent of such excess that may occur in each year of the term of this Lease
        or any
        extension or renewal thereof and proportionately for any part of a fiscal
        year.

       

      5.
        Security Deposit. The sum of _____________0________________________Dollars
        ($
        ___________0______________) is
        deposited by the Tenant with the Landlord as security for the faithful
        performance of all the covenants and conditions of the lease by the said
        Tenant.
        If the Tenant faithfully performs all the covenants and conditions on his
        part
        to be performed, then the sum deposited shall be returned to the
        Tenant.

       

      6.
        Delivery of Possession. If for any reason the Landlord cannot deliver possession
        of the leased property to the Tenant when the lease term commences, this
        Lease
        shall not be void or voidable, nor shall the Landlord be liable to the Tenant
        for any loss or damage resulting therefrom. However, there shall be an abatement
        of rent for the period between the commencement of the lease term and the
        time
        when the Landlord delivers possession.

       

      7.
        Use of
        Leased Premises. The Leased Premises may be used only for the following
        purpose(s): ATM ownership and Management.

       

      8.
        Utilities. Except as specified below, the Tenant shall be responsible for
        all
        utilities and services that are furnished to the Leased Premises. The
        application for and connecting of utilities, as well as all services, shall
        be
        made by and only in the name of the Tenant: (List exceptions, if
        any)

       

      9.
        Condition of Leased Premise; Maintenance and Repair. The Tenant acknowledges
        that the Leased Premises are in good order and repair. The Tenant agrees
        to take
        good care of and maintain the Leased Premises in good condition throughout
        the
        term of the Lease.

       

      
        
           

        

        
           

          
            

          

        

        
           

        

      

      The
        Tenant, at his expense, shall make all necessary repairs and replacements
        to the
        Leased Premises, including the repair and replacement of pipes, electrical
        wiring, heating and plumbing systems, fixtures and all other systems and
        appliances and their appurtenances. The quality and class of all repairs
        and
        replacements shall be equal to or greater than the original worth. If Tenant
        defaults in making such repairs or replacements, Landlord may make them for
        Tenant's account, and such expenses will be considered additional
        rent.

       

      10.
        Compliance with Laws and Regulations. Tenant, at its expense, shall promptly
        comply with all federal, state, and municipal laws, orders, and regulations,
        and
        with all lawful directives of public officers, which impose any duty upon
        it or
        Landlord with respect to the Leased Premises. The Tenant at its expense,
        shall
        obtain all required licenses or permits for the conduct of its business within
        the terms of· this lease, or for the making of repairs, alterations,
        improvements, or additions. Landlord, when necessary, will join with the
        Tenant
        in applying for all such permits or licenses.

       

      11.
        Alterations and Improvements. Tenant shall not make any alterations, additions,
        or improvements to, or install any fixtures on, the Leased Premises without
        Landlord's prior written consent. If such consent is given, all alterations,
        additions, and improvements made, and fixtures installed by Tenant shall
        become
        Landlord's property at the end of the Lease/term. Landlord may, however,
        require
        Tenant to remove such fixtures, at Tenant's expense, at the end of the Lease
        term .

      


      12.
        Assignment/Subletting Restrictions. Tenant may not assign this agreement
        or
        sublet the Leased Premises without the prior written consent of the Landlord.
        Any assignment, sublease or other purported license to use the Leased Premises
        by Tenant without the Landlord's consent shall be void and shall (at Landlord's
        option) terminate this Lease.

       

      13. Insurance.

       

      (i)
        By
        Landlord. Landlord shall at all times during the term of this Lease, at its
        expense, insure and keep in effect on the building in which the Leased Premises
        are located fire insurance with extended coverage. The Tenant shall not permit
        any use of the Leased Premises which will make voidable any insurance on
        the
        property of which the Leased Premises are :, part, or on the contents of
        said
        property or which shall be contrary to any law or regulation from time to
        time
        established by the applicable fire insurance rating association. Tenant shall
        on
        demand reimburse the Landlord, and all other tenants, the full amount of
        any
        increase in insurance premiums caused by the Tenant's use of the
        premises.

      (ii)
        By
        Tenant. Tenant shall, at its expense, during the term hcreof, maintain and
        deliver to landlord public liability and property damage and plate glass
        insurance policies with respect to the Leased Premises. Such policies shall
        name
        the Landlord and Tenant as insureds, and have limits of at least $ __________for
        injury or death to anyone person and $_______________
        for
        anyone
        accident, and $            with
        respect to damage to property and with full coverage for plate glass. Such
        policies shall be in whatever form and with such insurance companies as are
        reasonably satisfactory to Landlord, shall name the Landlord as additional
        insured, and shall provide for at least ten days' prior notice to Landlord
        of
        cancellation.

       

      14.
        Indemnification of Landlord. Tenant shall defend, indemnify, and hold Landlord
        harmless from and against any claim, loss, expense or damage to any person
        or
        property in or upon the Leased Premises, arising out of Tenant's use or
        occupancy of the Leased Premises, or arising out of any act or neglect of
        Tenant
        or its servants, employees, agents, or invitees.

       

      15.
        Condemnation. If all or any part of the Leased Premises is taken by eminent
        domain, this lease shall expire on the date of such taking, and the rent
        shall
        be apportioned as of that date. No part of any award shall belong to
        Tenant.

      


      16.
        Destruction of Premises. If the building in which the Leased Premises is
        located
        is damaged by fire or other casualty, without Tenant's fault, and the damage
        is
        so extensive as to effectively constitute a total destruction of the property
        or
        building, this Lease shall terminate and the rent shall be apportioned to
        the
        time of the damage. In all other cases of damage without Tenant's fault,
        Landlord shall repair the damage with reasonable dispatch, and if the damage
        has
        rendered the Leased Premises wholly or partially untenantable, the rent shall
        be
        apportioned until the damage is repaired. In determining what constitutes
        reasonable dispatch, consideration shall be given to delays caused by strikes,
        adjustment of insurance, and other causes beyond the Landlord's
        control.

       

      17.
        Landlord's Rights upon Default. In the event of any breach of this lease
        by the
        Tenant, which shall not have been cured within TEN (10)
        DAYS,
        then
        the Landlord, besides other rights or remedies it may have, shall have the
        immediate right of reentry and may remove all persons and property from the
        Leased Premises; such property may be removed and stored in a public warehouse
        or elsewhere at the cost of, and for the account of, the Tenant. If the Landlord
        elects to reenter as herein provided, or should it take possession pursuant
        to
        any notice provided for by law, it may either terminate this Lease or may,
        from
        time to time, without terminating this lease, relet the Leased Premises or
        any
        part thereof, for such term or terms and at such rental or rentals. and upon
        such other terms and conditions as the Landlord in Landlord's own discretion
        may
        deem advisable. Should rentals received from such reletting during any month
        be
        less than that agreed to be paid during the month by the Tenant hereunder,
        the
        Tenant shall pay such deficiency to the Landlord monthly. The Tenant shall
        also
        pay to the Landlord, as soon as ascertained, the cost and expenses incurred
        by
        the Landlord, including reasonable attorneys fees, relating to such
        reletting.

       

      
        
           

        

        
           

          
            

          

        

        
           

        

      

      18.
        Quiet
        Enjoyment. The Landlord agrees that if the Tenant shall pay the rent as
        aforesaid and perform the covenants and agreements herein contained on its
        part
        to be performed, the Tenant shall peaceably hold and enjoy the said rented
        premises without hindrance or interruption by the Landlord or by any other
        person or persons acting under or through the Landlord.

       

      19.
        Landlord's Right to Enter. Landlord may, at reasonable times, enter the Leased
        Premises to inspect it, to make repairs or alterations, and to show it to
        potential buyers, lenders or tenants.

       

      20.
        Surrender upon Termination. At the end of the lease term the Tenant shall
        surrender the leased property in as good condition as it was in at the beginning
        of the term, reasonable use and wear excepted.

       

      21.
        Subordination. This lease, and the Tenant's leasehold interest, is and shall
        be
        subordinate, subject and inferior to any and all liens and encumbrances now
        and
        thereafter placed on the Leased Premises by Landlord, any and all extensions
        of
        such liens and encumbrances and all advances paid under such liens and
        encumbrances.

       

      22.
        Additional Provisions:

       

      23. Miscellaneous
        Terms.

      (i)
        Notices. Any notice, statement, demand or other communication by one party
        to
        the other, shall be given by personal delivery or by mailing the same, postage
        prepaid, addressed to the Tenant at the premises, or to the Landlord at the
        address set forth above.

      (ii)
        Severability., If any clause or provision herein shall be adjudged invalid
        or
        unenforceable by a court of competent jurisdiction or by operation of any
        applicable law, it shall not affect the validity of any other clause or
        provision, which shall remain in fuJl force and effect.

      (iii)
        Waiver. The failure of either party to enforce any of the provisions of this
        lease shall not be considered a waiver of that provision or the right of
        the
        party to thereafter enforce the provision.

      (iv)
        Complete Agreement. This Lease constitutes the entire understanding of the
        parties with respect to the subject matter hereof and may not be modified
        except
        by an instrument in writing and signed by the parties.

      (v)
        Successors. This Lease is binding on all parties who lawfully succeed to
        the
        rights or take the place of the Landlord or Tenant.

       

      24.
        [FOR
        LEASED PREMISES IN FLORIDA ONLY]: RADON GAS: Radon is a naturally occurring
        radioactive gas that, when it has accumulated in a building in sufficient
        quantities, may present health risks to persons who are exposed to it over
        time.
        Levels of radon that exceed federal and state guidelines have been found
        in
        buildings in Florida. Additional information regarding radon and radon testing
        may be obtained from your county public health unit.

       

      IN
        WITNESS
        WHEREOF the parties have set their hands and seals on this 1st day of September,
        2007.

       

       

      
        	
                       
                  /s/ Mary Passalaqua 

              	 	
                       
                  /s/ Margaret Burton 

              
	
                Landlord
                  or Landlord's Authorized Agent

              	 	
                Tenant
                  - President, Fresca Worldwide Trading Corp.

              
	 	 	 
	 	 	 
	 	 	
                 
                  

              
	 	 	
                Tenant