THIS AGREEMENT BETWEEN EXHIBIT 10.6
JBJ REALTY, 376 Fulton Street, Farmingdale, NY 11735 As Landlord
and LAKELAND INDUSTRIES, INC.,
As Tenant
WITNESSETH: The Landlord hereby leases to the Tenant the following premises:
APPROXIMATELY 4362 S.F. OF SPACE KNOWN AS
711-2 Koehler Avenue
Ronkonkoma, New York 11779
For the term of ONE (1) YEAR WITH ONE (1) YEAR OPTION TO RENEW.
to commence from the FIRST day of July 2004 and to the end on the
LAST day of June, 2005
to be used and occupied only for
LIGHT INDUSTRIAL
upon the conditions and covenants following:
1st That the Tenant shall pay the annual rent of
1ST YR.-FORTY FOUR THOUSAND SEVEN HUNDRED OLLARS AND 00/100($44,700.00)
OPT.YR.-FORTY FIVE THOUSAND SIX HUNDRED OLLARS AND 00/100($45,600.00)
said rent to be paid in equal monthly payments in advance on the first day of
each and every month during the term aforesaid, as follows:
1ST.YR.-THREE THOUSAND SEVEN HUNDRED TWENTY FIVE DOLLARS AND 00/100($3,725.00)
OPT.YR.-THREE THOUSAND EIGHT HUNDRED DOLLARS AND OO/00($45,600.00)
2nd That the Tenant shall take Good care of the premises and shall, at the
Tenant's own cost and expense make all repairs EXCEPT STRUCTURAL NOT TO EXCEED
TEN (10%) OF ANNUAL LEASE PAYMENTS, BALANCE OF COST TO BE PAID BY LANDLORD.
3rd That the Tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirements of the Federal, State
and Local Governments and of any and all their Departments and Bureaus
applicable to said premises during said term; and shall also promptly comply
with and execute all rules, order and regulations of the New York Board of Fire
Underwriters, or any other similar body, at the Tenant's own cast and expense.
4th That the Tenant, successors, heirs, executors or administrators shall not
assign this agreement, or underlet or under lease the premises, or any part
thereof, or make any alterations on the premises, without the Landlords consent
in writing; or occupy, or permit or suffer the same to be occupied for any
business or purpose deemed disreputable or extra-hazardous on account of fire,
under the penalty of damages and forfeiture, and in the event of a breach
thereof, the term herein shall immediately cease and determine at the option of
the Landlord as if it were the expiration of the original term.
5th Tenant must give Landlord prompt notice of fire, accident, damage or
dangerous or defective condition. If the Premises can not be used because of
fire or other casualty, Tenant is not required to pay rent for the time the
Premises are unusable. If part of the Premises can not be used, Tenant must pay
rent for the usable part. Landlord shall have the right to decide which part of
the Premises is usable. Landlord need only repair the damaged structural parts
of the Premises. Landlord is not required to repair or replace any equipment,
fixtures, furnishings, or decorations unless originally installed by Landlord.
Landlord is not responsible for delays due to settling insurance claims,
obtaining estimates, labor and supply problems or any other cause not fully
under Landlord's control.
If the fire or other casualty is caused by an act or neglect of Tenant,
Tenant's employees or invitees, or at the time of the fire or casualty Tenant is
in default in any term of this Lease, then all repairs will be made at Tenant's
expense and Tenant must pay the full rent with no adjustments. The cost of the
repairs will be added rent.
Landlord has the right to demolish or rebuild the Building if there is
substantial damage by fire or other casualty. Landlord may cancel this Lease
within 30 days after the substantial fire or casualty by giving Tenant notice of
Landlord's intention to demolish or rebuild. The Lease will end 30 days after
Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to
Landlord on or before the cancellation date in the notice and pay all rent due
to date of the fire or casualty. If the Lease is cancelled Landlord is not
required to repair the Premises or Building. The cancellation does not release
Tenant of liability in connection with the fire or casualty. This Section is
intended to replace the terms of New York Real Property Law Section 227.
6th The said Tenant agrees that the said Landlord and the Landlord's agents and
other representatives shall have the right to enter into and upon said premises,
or any part thereof, at all reasonable hours for the purpose of examining the
same, or making such repairs or alterations therein as may be necessary for the
safety and preservation thereof.
7th The Tenant also agrees to permit the Landlord or the Landlord's agents to
show the premises to persons wishing to hire or purchase the same; and the
Tenant further agrees that on and after the sixth month, next preceding the
expiration of the term hereby granted, the Landlord or the Landlord's agents
shall have the right to place notices on the front of said premises, or any part
thereof offering the premises "To Let" or "For Sale", and the Tenant hereby
agrees to permit the same to remain thereon without hindrance or molestation.
8th That if the said premises, or any part thereof shall be deserted or become
vacant during said term, or if any default be made in the payment of the said
rent or any part thereof, or if any default be made in the performance of any of
the covenants herein contained, the Landlord or representatives may re-enter the
said premises by force, summary proceedings or otherwise, and remove all persons
there from, without being liable to prosecution therefor, and the Tenant hereby
expressly waives the service of any notice in writing of intention to re-enter,
and the Tenant shall pay at the same time as the rent becomes payable under the
terms hereof a sum equivalent to the rent reserved herein, and the Landlord may
rent the premises on behalf of the Tenant, reserving the right to rent the
premises for a longer period of time than fixed in the original lease without
releasing the original Tenant from any liability, applying any moneys collected,
first to the expense of resuming or obtaining possession, second to restoring
the premises to a rentable condition, and then to the payment of the rent and
all other charges due and to grow due to the Landlord, any surplus to be paid to
the Tenant, who shall remain liable for any deficiency.
9th Landlord may replace at the expense of Tenant, any and all broken glass in
and about the demised premises. Landlord may insure, and keep insured, all plate
glass in the demised premises for and in the name of Landlord. Bills, for the
premiums therefor shall be rendered by Landlord to Tenant at such times as
Landlord may elect, and shall be due from, and payable by Tenant when rendered,
and the amount thereof shall be deemed to be, and be paid as, additional rental.
Damage and injury to the said premises, caused by the carelessness, negligence
or improper conduct on the part of the said Tenant or the Tenant's agents or
employees shall be repaired as speedily as possible by the Tenant at the
Tenant's own cost and expense.
10th That the Tenant shall neither encumber nor obstruct the sidewalk in front
of , entrance to, or halls and stairs of said premises, nor allow the same to be
obstructed or encumbered in any manner.
11th The Tenant shall neither place, or cause or allow to be placed, any sign or
signs of any kind whatsoever at, in or about the entrance to said premises or
any other part of same, except in or at such place or places as may be indicated
by the Landlord and consented to by the Landlord in writing. And in case the
Landlord or the Landlord's representatives shall deem it necessary to remove any
such sign or signs in order to paint the said premises or the building wherein
same is situated or make any other repairs, alterations or improvements in or
upon said premises or building or any part thereof, the Landlord shall have the
right to do so, providing the same be removed and replaced at the Landlord's
expense, whenever the said repairs alterations or improvements shall be
completed.
12th That the Landlord is exempt from any and all liability for any damage or
injury to person or property caused by or resulting from steam, electricity,
gas, water, rain, ice or snow, or any leak or flow from or into any part of said
building or from any damage or injury resulting or arising from any other cause
or happening whatsoever unless said damage or injury be caused by or be due to
the negligence of the Landlord.
13th That if default be made in any of the covenants herein contained, then it
shall be lawful for the said Landlord to re-enter the said premises, and the
same to have again, re-possess and enjoy. The said Tenant hereby expressly
waives the service of any notice in writing of intention to re-enter.
14th That this instrument shall not be a lien against said premises in respect
to any mortgages that are now on or that hereafter may be placed against said
premises, and that the recording of such mortgage or mortgages shall have
preference and precedence and be superior and prior in lien of this lease,
irrespective of the date of recording and the Tenant agrees to execute without
cost, any such instrument which may be deemed necessary or desirable to further
effect the subordination of this lease to any such mortgage or mortgages, and a
refusal to execute such instrument shall entitle the Landlord, or the Landlord's
assigns and legal representatives to the option of cancelling this lease without
incurring any expense or damage and the term hereby granted is expressly limited
accordingly.
15th The Tenant has ALREADY deposited with the Landlord the sum of $5089.88 as
security for the full and faithful performance by the Tenant of all the terms,
covenants and conditions of this lease upon the Tenant's part to be performed,
which said sum shall be returned to the Tenant after the time fixed as the
expiration of the term herein, provided the Tenant has fully and faithfully
carried out all of said terms, covenants and conditions on Tenant's part to be
performed. In the event of a bona fide sale, subject to this lease, the Landlord
shall have the right to transfer the security to the vendee for the benefit of
the Tenant and the Landlord shall be considered released by the Tenant from all
liability for the return of such security; and the Tenant agrees to look to the
new Landlord solely for the return of the said security, and it is agreed that
this shall apply to every transfer or assignment made of the security to a new
Landlord.
16th That the security deposited under this lease shall not be mortgaged,
assigned or encumbered by EITHER PARTY without the written consent of the OTHER
PARTY.
17th It is expressly understood and agreed that in case the demised premises
shall be deserted or vacated, or if default be made in the payment of the rent
or any part thereof as herein specified, or if, without the consent of the
Landlord, the Tenant shall sell, assign or mortgage this lease or if default be
made in the performance of any of the covenants and agreements in this lease
contained on the part of the Tenant to be kept and performed, or if the Tenant
shall fail to comply with any of the statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and Local Governments or of
any and all their Departments and Bureaus, applicable to said premises, or if
the Tenant shall file or there be filed against Tenant a petition in bankruptcy
or arrangement or Tenant be adjudicated a bankrupt or make an assignment for the
benefit of creditors or take advantage of any insolvency act, the Landlord may,
if the Landlord so elects, at any time thereafter terminate this lease and the
term hereof, on giving to the Tenant five days notice in writing of the
Landlord's intention so to do, and this lease and the term hereof shall expire
and come to an end on the date fixed in such notice as if the said date
were the date originally fixed in this lease for the expiration hereof. Such
notice may be given by mail to the Tenant addressed to the demised premises.
18th Tenant shall pay to Landlord the rent or charge, which may, during the
demised term, be assessed or imposed for the water used or consumed in or on the
said premises, whether determined by meter or otherwise, as soon as and when the
same may be assessed or imposed, and will also pay the expenses for the setting
of a water meter in the said premises should the latter be required. Tenant
shall pay Tenant's proportionate part of the sewer rent or charge imposed upon
the building. All such rents or charges or expenses shall be paid as additional
rent and shall be added to the next month's rent thereafter to become due.
19th That the Tenant will not nor will the Tenant permit under tenants or other
persons to do anything in said premises, or bring anything into said premises,
or permit anything to be brought into said premises or to be kept therein, which
will in any way increase the rate of fire insurance on said demised premises,
nor use the demised premises or any part thereof, nor suffer or permit their use
for any business or purpose which would cause an increase in the rate of fire
insurance on said building, and the Tenant agrees to pay on demand any such
increase.
20th The failure of the Landlord to insist upon a strict performance of any of
the terms, conditions and covenants herein, shall not be deemed a waiver of any
rights or remedies that the Landlord may have, and shall not be deemed a waiver
of any subsequent breach or default in the terms, conditions and covenants
herein contained. This instrument may not be changed, modified, discharged or
terminated orally.
21st If the whole or any part of the demised premises shall be acquired or
condemned by Eminent Domain for any public or quasi public use or purpose, then
and in that event, the term of this lease shall cease and terminate from the
date of title vesting in such proceeding and Tenant shall have no claim against
Landlord for the value of any unexpired term of said lease. No part of any award
shall belong to the Tenant.
22nd If after default in payment of rent or violation of any other provision of
this lease, or upon the expiration of this lease, the Tenant moves out or is
dispossessed and fails to remove any trade fixtures or other property prior to
such said default, removal, expiration of lease, or prior to the issuance of the
final order or execution of the warrant, then and in that event, the said
fixtures and property shall be deemed abandoned by the said Tenant and shall
become the property of the Landlord.
23rd In the event that the relation of the Landlord and Tenant may cease or
terminate by reason of the re-entry of the Landlord under the terms and
covenants contained in this lease or by the ejectment of the Tenant by summary
proceedings or otherwise, or after the abandonment of the premises by the
Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in
monthly payments the rent which accrues subsequent to the re-entry by the
Landlord, and the Tenant expressly agrees to pay as damages for the breach of
the covenants herein contained, the difference between the rent reserved and the
rent collected and received, if any, by the Landlord during the remainder of the
unexpired term, such difference or deficiency between the rent herein reserved
ant the rent collected if any, shall become due and payable in monthly payments
during the remainder of the unexpired term, as the amounts of such difference or
deficiency shall from time to time be ascertained; and it is mutually agreed
between Landlord and Tenant that the respective parties hereto shall and hereby
do waive trial by jury in any action, proceeding or counterclaim brought by
either of the parties against the other on any matters whatsoever arising out of
or in any way connected with this lease, the Tenant's use or occupancy of said
premises, and/or any claim of injury or damage.
24th The Tenant waives all rights to redeem under any law.
25th This lease and the obligation of Tenant to pay rent hereunder and perform
all of the covenants and agreements hereunder on part of Tenant to be performed
shall in nowise be affected, impaired or excused because Landlord is unable to
supply or is delayed in supplying any service expressly or impliedly to be
supplied or is unable to make or is delayed in making any repairs, additions,
alterations or decorations or is unable to supply or is delayed in supplying any
equipment or fixtures if Landlord is prevented or delayed from so doing by
reason of governmental preemption in connection with a National Emergency or in
connection with any rule, order or regulation of any department or subdivision
thereof of any governmental agency or by reason of the condition of supply and
demand which have been or are affected by war or other emergency.
26th No diminution or abatement of rent, or other compensation, shall be claimed
or allowed for inconvenience or discomfort arising from the making of repairs or
improvements to the building or to its appliances, nor for any space taken to
comply with any law, ordinance or order of a governmental authority. In respect
to the various "services," if any, herein expressly or impliedly agreed to be
furnished by the Landlord to the Tenant, it is agreed that there shall be no
diminution or abatement of the rent, or any other compensation, for interruption
or curtailment of such "service" when such interruption or curtailment shall be
due to accident, alterations or repairs desirable or necessary to be made or to
inability or difficulty in securing supplies or labor for the maintenance of
such "service" or to some other cause, not gross negligence on the part of the
Landlord. No such interruption or curtailment or any such "service" shall be
deemed a constructive eviction. The Landlord shall not be required to furnish,
and the Tenant shall not be entitled to receive, any of such "services" during
any period wherein the Tenant shall be in default in respect to the payment of
rent. Neither shall there be any abatement of diminution of rent because of
making of repairs, improvements or decorations to the demised premises after the
date above fixed for the commencement of the term, it being understood that rent
shall, in any event, commence to run at such date so above fixed.
27th Landlord shall not be liable for failure to give possession of the premises
upon commencement date by reason of the fact that premises are not ready for
occupancy or because a prior Tenant or any other person is wrongfully holding
over or is in wrongful possession, or for any other reason. The rent shall not
commence until possession is given or is available, but the term herein shall
not be extended.
SEE RIDERS ANNEXED HERETY AND MADE A PART HEREOF
And the said Landlord doth covenant that the said Tenant on paying the
said yearly rent, and performing the covenants aforesaid, shall and may
peacefully and quietly have, hold and enjoy the said demised premises for the
term aforesaid, provided however, that this covenant shall be conditioned upon
the retention of title to the premises by the Landlord.
And it is mutually understood and agreed that the covenants and agreements
contained in the within lease shall be binding upon the parties hereto and upon
their respective successors, heirs, executors and administrators.
In Witness Whereof, the parties have interchangeably set their hands and
seals (or caused these presents to be signed by their proper corporate officers
and caused their proper corporate seal to be hereto affixed) this 1st day of
April, 2004
Signed, sealed and delivered
In the presence of JBJ REALTY As Landlord
By: /s/ Peter Hofrichter, Agent
----------------------------
Peter Hofrichter, Agent
Lakeland Industries, Inc.
By: /s/ Christopher J. Ryan
----------------------------
Christopher J. Ryan, President
ACKNOWLEDGMENT IN NEW YORK STATE
State of New York, Count of
On before me, the undersigned,
Personally appeared
Personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
signature(s) on the instruments, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
________________________________________________________________
Signature and office of individual taking acknowledgment
ACKNOWLEDGMENT OUTSIDE NEW YORK STATE
State of County of
On before me, the undersigned
Personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instruments, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument, and that such individual made such appearance before
the undersigned
________________________________________________________________
Signature and office of individual taking acknowledgment
ACKNOWLEDGMENT BY SUBSCRIBING WITNESS(ES)
State of
County of
On Before me, the undersigned
Personally appeared
the subscribing witness(es) to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly sworn, did depose and say that
he/she/they reside(s) in (if the place of residence is in a city, include the
street and street number, if any thereof)
that he/she/they know(s)
to be the individual(s) described in and who executed the foregoing instruments;
that said subscribing witness(es) was (were) present and saw said
execute the same; and that said witness(es) at the same time subscribed
his/her/their name(s) as a witness(es) thereto.
(_[]if taken outside New York State insert city or political subdivision and
state or country or other place acknowledgment taken and that said subscribing
witness(es) made such appearance before the undersigned in
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____________________________________________________________
(signature and office of individual taking acknowledgement
LEASE
Dated _________________
In consideration of the letting of the premises within mentioned to the within
named Tenant and the sum of $1.00 paid to the undersigned by the within named
Landlord, the undersigned do hereby covenant and agree, to and with the Landlord
and the Landlords legal representatives, that it default shall at any time be
made by the said Tenant in the payment of the rent and the performance of the
covenants contained in the within lease, on the Tenant's part to be paid an
performed, that the undersigned will well and truly pay the said rent, or any
arrears thereof, that may remain due unto the said Landlord, and also pay all
damages that may arise in consequence of the non-performance of said covenants,
or either of them, without requiring notice of any such default from the said
Landlord. The undersigned hereby waives all right to trial by jury in any action
or proceeding hereinafter by the Landlord, to which the undersigned may be a
party.
In Witness Whereof, the undersigned has set hand and seal this day of
WITNESS L.S
----------------------------
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 7/1/2004.
28th The Tenant agrees to keep in force and provide during the term of this
lease for the benefit of the Landlord general liability policy of insurance in
standard from protecting the Landlord against any liability whatsoever
occasioned by accident in or about the demised premises, in which the Landlord
shall be named as additional insured, and shall be protected against all
liability occasioned by any occurrence insured against. Such policies shall
cover and leased premises and shall provide for at least five days' notice to
the Landlord before cancellation. A certification thereof shall be delivered to
their Landlord. Said policies shall provide for the following minimum
coverage's; $300,000.00 for injury or death of one person; $500,000.00 for
injury or death arising out of one accident; and $25,000.00 for property damage.
In the event the Tenant fails to effect such insurance, the Landlord may do so,
and add the cost thereof to the rent for the month next ensuing, and the amount
thereof shall be deemed to be, and shall be, paid as additional rent.
29th. If any mechanic's lien or liens shall be filed against the premises for
work done or materials furnished to the Tenant, the Tenant shall within thirty
days thereafter, and at its own cost and expense cause such lien or liens to be
discharged by filing the bond or bonds required for that purpose by law. In the
event the Tenant fails to have such liens discharged, the Landlord may do so at
the Tenant's expense.
30th. All annexations to the freehold made or installed in such a manner that
their removal would cause injury to the freehold shall be the property of the
Landlord and may not be removed by the Tenant except that all trade fixtures
shall be deemed the property of the Tenant, and may be removed by the Tenant
provided that all injury to the freehold resulting therefrom shall be repaired
at the expense of the Tenant.
31st. There are no representations, warranties, terms, or obligations other than
those expressed in this agreement. No variation of this lease shall be valid
unless in writing and signed by the party to be charged. Any holding over by the
Tenant after the term of this lease shall be unlawful and in no manner
constitute a renewal or extension of this lease agreement. In the event,
however, Tenant does become a holdover, the use and occupancy charges shall be
125% of the last rental amount. In addition to the provisions of Paragraph 4.
Tenant shall, before making any alterations, additions, installations, or
improvements, obtain at its sole cost and expense all permits, approvals, and
certificates required by any governmental or quasi-governmental authorities and
upon completion of same, certificates of final approval thereof shall promptly
deliver to the Landlord copies of all such permits, approvals, and certificates.
32nd. The Landlord shall not be liable for damage or injury to person or
property unless written notice of any defect alleged to have caused such damage
or injury shall have been given to the Landlord a sufficient time before such
occurrence to have reasonable time to enable the Landlord to correct such
defect. Nothing herein contained shall impose any additional obligation on the
Landlord to make repairs. Should any additional construction be undertaken on
the interior of the premises, Tenant must:
a) Obtain a Permit;
b) Obtain the permission and signature of the Landlord on application;
and
c) Supply Landlord with copy of plans, specifications, and Certificate
of Compliance.
33rd. It is mutually covenanted that if the Landlord shall reasonably payor be
compelled to pay any sum of money, or shall reasonably perform any act or be
compelled to perform any act, which act shall require the payment of any sum of
money be reason of the failure of the Tenant after thirty days' notice, to
perform anyone or more of the covenants herein contained, the sum or sums shall,
after the ten days' notice, in writing and demand, be added to the rent
installment next due and shall be collectible in the same manner and with the
same remedies as if originally reserved as rent hereunder. The failure to pay
rent and to make payment pursuant to this paragraph shall be deemed a material
default.
/s/ Peter Hofrichter, Agent /s/ Christopher J. Ryan, President
JBJ REALTY LAKELAND INDUSTRIES,INC.
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LANDLORD TENANT
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 7/1/2004.
34th. Notwithstanding any provisions of this Lease to the contrary, in the event
of a breach or default by Landlord, its successors or assigns, of any of its
obligations hereunder of any kind or nature whatsoever, or of any provisions of
this Lease. Tenant shall look solely to the equity of the Landlord, its
successors, or assigns in the demised premises or the building of which they are
a part for the satisfaction of Tenant's remedies and no personal judgment shall
be sought against the Landlord, its successors or assigns under the terms,
covenants, conditions, warranties and obligations of this Lease shall in no
event exceed the loss of its equity in the demised premises or the building of
which they are a part.
35th. The Tenant agrees at its own cost and expense to pay for all electricity,
telephone, gas, fuel, etc., consumed and used by it, it being the understanding
and intention of the parties hereto that the Landlord rents, and the Tenant
hires, the demised premises without any service of any kind whatsoever.
36th. Anything to the contrary herein notwithstanding, Tenant may assign this
Lease as long as Tenant is not in default, and the Landlord shall not
unreasonably withhold its consent to the assignment and/or sub-lease agreement
upon the following conditions:
a) Each assignment and/or sublease of this lease shall be accompanied by an
agreement, in writing, executed by the assignee for the benefit of the
Landlord, wherein the assignee shall assume all the duties and obligations
of the Tenant herein.
b) Said agreement executed by the assignee shall be deposited with the
Landlord within five days of the making of the assignment.
c) The assignment and/or sub-lease of this lease agreement shall in no way
operate to release the assignor security shall be required.
d) An additional security of 0 shall be deposited with the Landlord by the
assignee to be held by the Landlord in accordance with the provisions of
Paragraph "15" herein.
e) No further or additional assignments of this lease shall be made except
upon compliance with, and subject to, the provisions of this paragraph,
except that no further security shall be required.
37th. In the event the premium for the Landlord's policy of insurance covering
fire and extended coverage with all of the usage and customary endorsements its
increased over the basic rate for same as determined by the appropriate
insurance underwriting organization as a result of Tenants use or occupancy of
the premises, then Tenant shall pay such insurance as additional rent. Landlord
shall provide Tenant with a copy of pertinent invoices for insurance, and Tenant
shall reimburse Landlord. Failure to make such reimbursement shall be deemed a
material default hereunder.
38th. The Tenant shall pay to the Landlord during each year of the term herein
demised as and for additional rent hereunder the amount of any increase of the
aggregate of all real estate taxes of every nature and description, including
assessments, if any, levied against the demised premises and herein referred to
as the basic taxes. The basic tax, as aforementioned, shall be the aggregate of
all real estate taxes of each and every nature, including assessments levied
against the demised premises after the completion of the building and
constituting the first assessment predicated upon a completed building. The
amount of any such increase shall be deemed additional rent and shall be paid by
the Tenant to the Landlord not later than the first day of the calendar month
occurring subsequent to the giving of notice to the Tenant of the amount of such
increase, and the simultaneous exhibiting to the Tenant of a copy of a tax bill
evidencing such increase. Such notice to be given by the Landlord to the Tenant
may be given personally, or by certified mail, return receipt requested. The
Tenant shall be responsible only for the payment of that portion of such
increase, if any; as shall be applicable to that portion of the overall premises
lease by Tenant. The base tax year will be July 1. 2004 through June 31. 2005.
Any additional taxes over and above the base tax year shall be passed on to the
Tenant according to their proportionate share.
39th. Notwithstanding the provisions of Paragraph 15, the Landlord shall have
the right to deduct from the security deposit, if kept in an interest-bearing
account, the sum equivalent to one percent (1 %) per annum of the security
monies so deposited as administrative expenses. With regard to Tenant's
security, this money shall be in lieu of all other administrative and custodial
expenses.
40th. The parties herein acknowledge that No One is the broker which brought
about this leasing agreement, and Commissions therefore shall be paid by the
Landlord pursuant to separate agreement.
/s/ Peter Hofrichter, Agent /s/ Christopher J. Ryan, President
JBJ REALTY LAKELAND INDUSTRIES,INC.
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LANDLORD TENANT
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 7/1/2004.
41 st. In the event the summary proceeding is commenced by the Landlord or its
successors and assigns, for non payment of rent during any part of the term
hereunder; then the Landlord shall be entitled to costs and attorney's fees
incurred during the summary proceeding as added rent in default and such costs
and attorney's fees may be added to the amount demanded in any such summary
proceeding. A summary proceeding shall be deemed to have been commenced
hereunder upon service of a three-day Notice.
42nd. Landlord will put all cooling, heating, and plumbing systems in good
working order for new Tenant. It is the responsibility of all tenants to
maintain the systems in like condition and to provide service and maintenance
for heating system. Minimal heat must be provided by Tenant at all times during
the winter months. To prevent frozen pipes and heating damage. Should this not
be done, any repairs necessary will be at the sole cost of the Tenant. Tenant
shall pay for all electricity, gas, fuel, telephone, garbage disposal. Should
the septic systems and/or pools become contaminated and in need of service, the
Tenant responsible for such repair will be billed for the necessary repair.
Should the source of the problems be of such indeterminate nature, other than
faulty installation, all Tenants will be billed for the service in proportion
with their occupancy of the building. Tenant shall be responsible for repair and
maintenance of plate glass, overhead doors, plumbing, heating, and cooling
systems.
43rd. If, during the term of the lease or Tenant's occupancy of the demised
premise, Landlord or any predecessor in title to the premises of which the
demised premises are a part is required to undertake the removal, clean-up,
neutralization or any other affirmative act with respect to the presence of
hazardous, toxic or dangerous materials or substances, whether of the Landlord's
own choice or as the result of a directive or order from any governmental
authority or court having jurisdiction, the Tenant specifically acknowledges and
agrees that any such action shall not be a breach of the covenant of quiet
enjoyment of the premises and further, the Tenant shall not be entitled to any
diminution or abatement of rent in such event notwithstanding any other
provisions of this lease to the contrary. Tenant further agrees to cooperate
fully with the Landlord in connection with any such action. It is specifically
understood and agreed that the Tenant will not contaminate the premises with any
hazardous, toxic, or dangerous material or substance and nothing herein
contained shall relieve the Tenant from any liability to the Landlord or any
governmental authority as a result of any actions of the Tenant, its employees,
agents, or invitee with respect to the causation of any such hazardous,
dangerous, or toxic condition at the premises.
43-2. In the event the Landlord has reason to believe that the Tenant, or
Tenant's employees or agents are in violation of any provision of this
lease pertaining to the use or maintenance of Hazardous Substances or
Hazardous Materials, the Landlord shall give written notice to the Tenant
concerning the suspected issues of non-compliance. The Tenant shall
respond in writing the Landlord's concerns within ten (10) days, and shall
provide such other documents or information which the Landlord deems
necessary to determine that the Tenant is in compliance with all the
provisions in the leas involving Hazardous Substances or Hazardous
Materials.
43-3. In the event the Tenant fails to provide the assurances required by this
paragraph within the time specified, the Landlord and the Landlord's
designated agent shall have the right to enter and inspect the premises to
determine the Tenant's compliance with the provisions of the lease
pertaining to Hazardous Substances and Hazardous Materials. The Landlord,
in its sole discretion, shall also have the right to conduct an
environmental audit of the leased premises for the purposes of
establishing the Tenant's compliance with the provisions of this lease
which involve Hazardous Substances or Materials. The cost of any such
environments audit shall be borne by the Tenant.
/s/ Peter Hofrichter, Agent /s/ Christopher J. Ryan, President
JBJ REALTY LAKELAND INDUSTRIES,INC.
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LANDLORD TENANT
RIDERS TO BE ANNEXED TO AND MADE PART OF LEASE BETWEEN JBJ REALTY AS LANDLORD,
AND LAKELAND INDUSTRIES, INC. AS TENANT. DATED 7/1/2004.
44 TH. Tenant agrees not to allow garbage or refuse to accumulate outside the
building or grounds of the demised premises. Any violations regarding debris
from the local municipality shall be made known to the Tenant and should the
violation not be corrected in the given period of time, the Tenant will payment
as rent, all fines and legal fees incurred.
45th. All rents are due and payable on the first day of the month. In the event
of a default by the Tenant for non-payment of rent, and such default continues
for a period of ten (10) days subsequent to the due date, there shall be added
to the monthly rental then due and payable a sum designated as a late charge,
which shall be equal to five (5) cents for each dollar of the monthly payment
past due rent, shall become immediately due and payable with the succeeding
month's rent. Should Tenant issue a check with insufficient funds, an additional
twenty-five dollars and 001100 ($25.00) fee per check will be applied to the
next month's invoice. If this occurs, Tenant will be expected to substitute cash
or a certified check in person within a three- (3) day period.
45-2. Notwithstanding any provisions in the Lease permitting Tenant to cure any
default within a specified period of time, if Tenant shall default(I) in the
timely payments of rent or additional rent, and such default shall continue or
be repeated for two consecutive months or for a total of four months in any
period of twelve months or (ii) in the performance of any particular term,
condition or covenant of this Lease more than two times in any period of six
months, then, notwithstanding that such defaults shall have each been cured
within the period after notice if any, as provided in this Lease. Any further
similar default shall be deemed to be deliberate and Landlord thereafter may
cancel or terminate this Lease as provided herein without according to Tenant an
opportunity to cure such further default.
46th. The Tenant agrees to comply with the following rules and regulations and
with such reasonable and additions thereto as the Landlord may hereafter from
time to time make for the premises. The Landlord shall not be responsible for
non-compliance by any other Tenant of any said rules and regulations, however,
will request the non-complying Tenant to comply with all haste.
a) Tenant will not store materials, supplies, or equipment outside the premises.
b) Tenant will keep loading area/overhead door clean and unobstructed in order
to allow for parking lot, lawn, and other maintenance.
c) Tenant will be responsible for any damage done to the building or parking lot
area by trucks making deliveries for the Tenant's business.
d) Parking or storage of unregistered vehicles is expressly prohibited.
47th. Certificate of Insurance with owner named as co-insured must accompany
this Lease in order for it to become valid. (See Paragraph 28)
48th. In conjunction with Lease signing, Tenant agrees to pay Landlord Two (2)
month's security and one (1) month's rent in advance.
49th. In the event Tenant vacates the premises prior to the termination date of
this Lease, the corporate officers or shareholders or the general partners
executing this Lease on behalf of Tenant or such other guarantors who execute
the guarantee at the end of this Rider personally guarantee the payment of all
rent and additional rent that has accrued to the date the premises are vacated
together with the costs of restoring the premises in accordance with the
provisions of this Lease and Tenant's obligations under Paragraph 43 hereof.
/s/ Peter Hofrichter, Agent /s/ Christopher J. Ryan, President
JBJ REALTY LAKELAND INDUSTRIES,INC.
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LANDLORD TENANT
The provisions of Paragraphs 43 and 48 are hereby personally accepted and the
Tenant's performance and payments thereof personally guaranteed.
N/A
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GUARANTOR