COMPLAINT
COMPLAINT
COMPLAINT
Plaintiff,
VS.
Complaint.
Defendants.
/
Ybor Patio, LLC, a Florida limited liability company the "Plaintiffor the "Owner") sues
Liavese Geneva a/k/a Leo Geneva a/k/a Lucky Geneva, (Geneve), Qvesoir Tampa Limited
Liability Company, a Florida limited liability company (Unauthorized Occupant"), and any
unknown persons in possession, and any person claiming a right to possession by through or under
the Geneva, the Unauthorized Occupant, or the Misappropriated Company as defined below, or
under the document attached to this Complaint as Exhibit "B", all ofwhom are collectively referred
to herein as the "Defendants," and joins Jolie Enterprises, LLC, a Florida limited liability company
1. Ybor Patio is a Florid limited liability company doing business in Tampa, Florida.
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4. The Unauthorized Occupant is a Florida limited liability company with its principal
complaint (this "Complaint') seeks possession and injunctive relief regarding real property in
Hillsborough County, Florida, the causes of action accrued in Hillsborough County, Florida, a
defendant resides and transacts business in Hillsborough County, Florida, and the venue clause of
the Fraudulent Lease (as described below) requires venue in Hillsborough County, Florida.
GENERAL ALLEGATIONS
6. Ybor Patio owns the real property described in the General Warranty Deed recorded
on April 4, 2014 in Official Records Book 22500, Page 721 of the Public Records of Hillsborough
County, Florida property in Hillsborough County, Florida in fee simple (the Property). A copy of
7. In addition to the Property, Ybor Patio also owns the neighboring properties located
at 1910 and 1930 E. 7th Ave., and a nearby property located at 1512 E 8th Ave., in Tampa, Florida.
8. Ybor Patio held the Property out for lease through its real estate broker Florida
10. Based upon the representations contained in the application and the supporting
documents provided by Geneva, Ybor Patio executed a lease in of the Property to the
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Lease").
11. Geneva signed the Fraudulent Lease on behalf of the Misappropriated Entity.
leased the Premises with the understanding that it would be used for a nightclub and agreed that it
would not use the Premises for any other purposes without the express written consent of Ybor
Patio.
13. The Misappropriated Entity was responsible for determining whether its operation
of the Premises as a nightclub was authorized under current zoning and land use ordinances.
14. Pursuant to paragraph 12 of the Fraudulent Lease, the Misappropriated Entity was
prohibited from using any portion of the Premises for any purpose other than a nightclub.
agreed to comply with all statutes, ordinances, and requirements of all municipal, state, and federal
16. Pursuant to paragraph 31 of the Fraudulent Lease, the Misappropriated Entity was
prohibited from assigning or transferring the Fraudulent Lease or any interest in the Fraudulent
17. In late 2020 and early 2021, Ybor Patio began to receive complaints about the
18. When asked about the operation of the Property, Geneva informed Ybor Patio that
the Property was not operated as a nightclub but was operated as a "private club" that was
19. The name of the alleged private club operated at the Property is "QvesoiC.
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21. Qvesoir's patrons sit on the beds and are served alcoholic beverages.
22. Representatives of Ybor Patio observed female patrons of Qvesoir with their
23. Representatives of Ybor Patio observed Qvesoir serve alcoholic beverages to its
24. Ybor Patio also learned that Geneva was arrested and charged with selling alcoholic
beverages without a license and for possession of unauthorized alcoholic beverages at the Property
in case numbers 20-CM-008721 and 20-CM-008722, filed in the Thirteenth Judicial Circuit in and
25. The Misappropriated Entity does not have a license to serve alcoholic beverages.
26. Ybor Patio discovered that the Unauthorized Occupant has a 2-COP retail beverage
27. On January 18, 2021, Ybor Patio, through counsel, sent the Default Notice attached
as Exhibit "C" (the "Default Notice") to the Misappropriated Entity to advise the Misappropriated
28. On January 19, 2021, Ybor Patio learned from Lourdes Negreira ("Negreire), the
b. Negreira is the only person authorized to manage and act on behalf of the
Misappropriated Entity, and has been the only person authorized to manage and act
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e. Upon receipt of the Default Notice, Negreira contacted counsel for Ybor Patio and
was informed that the Default Notice related to the Fraudulent Lease allegedly
f. Until Negreira received the Default Notice and counsel informed her of the
Fraudulent Lease, she was unaware that any lease of the Property may have existed.
g. Until counsel provided Negreira with the Fraudulent Lease she had not seen it and
h. Negreira does not know Geneva and Geneva has never been affiliated with, or
i. Negreira does not know Weisfelner and Weisfelner has never been affiliated with,
j. The Misappropriated Entity never intended to enter into the Fraudulent Lease and
views the Fraudulent Lease as a fraud committed upon Misappropriated Entity and
k. The Misappropriated Entity has never possessed and does not claim a right to
1. The Misappropriated Entity has never assigned, sublet, or granted any license to
m. Neither the Misappropriated Entity, nor Negreira own any interest in or operate
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o. To the extent necessary, the Misappropriated Entity requests any court with proper
p. The Misappropriated Entity never agreed to be a tenant under the Fraudulent Lease
and its legal existence and name were misappropriated and used in the Fraudulent
29. Based upon the information provided by Negreira, it is apparent that Geneva obtained
30. Thus, the Fraudulent Lease and the alleged transfer of the right to possess the Property
misrepresentation as to the identity of the tenant that was being provided with
possession.
misrepresentations to obtain the Fraudulent Lease including providing Ybor Patio with
32. Ybor Patio never approved an assignment, sublease, or any other transfer of the
or anyone else and otherwise never authorized Geneva or anyone else to possess the
Property.
33. The Misappropriated Entity never intended to enter into the Fraudulent Lease or
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35. The Unauthorized Occupant is operating Qvesoir and serving alcoholic beverages at
the Property.
36. Neither the Unauthorized Occupant, Geneva, nor anyone claiming by, through, under,
or against the Unauthorized Occupant or Geneva have a lawful right to possess the
Property.
37. Furthermore, to obtain a 2-COP alcoholic beverage license, one must have a right to
possess and occupy the real property approved for the license.
38. Ybor Patio has also discovered that the Unauthorized Occupant has a temporary 4-
COP-SFS license to serve alcohol at the Property and likewise was required to have a
right to possess and occupy the real property approved for the license.
39. Neither Geneva, nor the Unauthorized occupant have a right to possess and occupy the
Property, therefore, Geneva and the Unauthorized Occupant committed perjury in the
submitted a forged document that claimed to provide the Unauthorized Occupant with
a right to possess and occupy the Property to obtain the alcoholic beverage licenses.
40. Furthermore, the Unauthorized Occupant does not meet other requirements to obtain
the licenses.
41. Geneva lacks the "good moral characteerequired by the Beverage Law because
Geneva.
a. Does not have the ability to distinguish between right and wrong and the character
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c. Does not act in a manner that indicates and establishes the qualities of trust and
ii. Committed perjury and gave false information under oath to a government
42. Geneva and the Unauthorized occupant pose an immediate threat of irreparable harm
to Ybor Patio because Geneva and the Unauthorized Occupant's commission of the
a. Subject Ybor Patio to revocation of alcoholic beverage licenses for the Property
with prejudice if Ybor Patio does not actively pursue recovery of possession of the
Property and actively pursue the injunctive relief sought herein; and
b. Expose Ybor to potential liability to third parties as the owner of the Property where
43. Based upon the forgoing, no one claiming by through or under the Fraudulent Lease,
the Misappropriated Entity, the Unauthorized Occupant, or Geneva have the right to
44. Based upon the forgoing, the Unauthorized Occupant's alcoholic beverage licenses
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46. Ybor Patio has also employed counsel to represent it in this litigation and has agreed to
pay counsel a reasonable fee for any and all such services. Ybor Patio is therefore also
47. All conditions precedent to the causes of action and relief sought herein have been
48. This is an action by Ybor Patio against Geneva and the Unauthorized Occupant for a
declaratory judgment.
49. Ybor Patio realleges paragraphs 1 through 47 as though fully set forth herein.
51. The Misappropriated Entity is joined in this Count for the purpose of allowing it the
52. A controversy within the jurisdictional amount of this court has arisen between the
Ybor Patio and Geneva because of which the Plaintiff is in doubt as to the status of the
Fraudulent Lease.
53. Ybor Patio requests a declaration that the Fraudulent Lease is null, void, unenforceable
54. Declaratory relief is proper regarding the subject matter of this action because Ybor
Patio is in doubt about the rights of the persons occupying the Property and is intitled
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55. Geneva and/or the Unauthorized Occupant are operating Qvesoir at the Property.
56. The Misappropriated Entity never intended to enter into the Fraudulent Lease or
possesses the Property and has never possessed the Property, and Misappropriated
misappropriation of its identity, therefore the Fraudulent Lease is null, void, and
57. There is a controversy as to whether Geneva and the Unauthorized Occupant gained
access to the Property by procuring the Fraudulent Lease through fraud, and whether
Geneva and the Unauthorized Occupants can continue to operate Qvesoir at the
58. Ybor Patio contends that neither Geneva, nor Unauthorized Occupant have a right to
59. Ybor Patio contends that neither Geneva, nor Unauthorized Occupant have a right to
Property.
60. The Unauthorized Occupant and/or Geneva are operating Qvesoir and selling alcohol
at the Property, therefore they de facto contend that they may do so contrary to Ybor
Patio's contentions.
61. A judicial declaration of the Ybor Patio's, the Unauthorized Occupant's, and Geneva's
rights and duties is necessary and appropriate at this time for the reasons stated above
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WHEREFORE, Ybor Patio demands a declaratory judgment declaring that Geneva did not have
the authority to enter into the Fraudulent Lease on behalf of the Misappropriated Entity, that
Geneva misappropriated the identity of the Misappropriated Entity, that the Fraudulent Lease is
null, void, and of no effect, that the Misappropriated Entity has no right to possession or liability
under the Fraudulent Lease, and that Geneva, the Unauthorized Occupant and anyone claiming by,
through, under, or against Geneva, the Unauthorized Occupant, the Misappropriated Entity, or the
Fraudulent Lease have no right to occupy or possess the Property, and for its reasonable attorney's
fees and costs, and for such further relief as this Court deems just and proper.
COUNT 2 - TRESPASS
62. This is an action for trespass to real property against Geneva, the Unauthorized
Occupant, and anyone claiming by, through, under, or against Geneva, the
Unauthorized Occupant, the Misappropriated Entity, or the Fraudulent Lease who have
63. Ybor Patio realleges paragraphs 1 through 47 as though fully set forth herein.
64. Ybor Patio is the owner and was lawfully possessed of the Property prior to the acts
taken by Geneva and the Unauthorized Occupant described in paragraphs 9 through 42,
above.
65. Geneva willfully obtained the Fraudulent Lease in the name of the Misappropriated
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the Misappropriated Entity or the Fraudulent Lease have any right to possess the
Property.
67. Geneva and the Unauthorized Occupant have used the Property without authorization
68. Geneva and/or the Unauthorized Occupant sold alcoholic beverages without a license
69. Geneva and/or the Unauthorized Occupant willfully, intentionally, and unlawfully
entered the Property and obtained licenses to sell alcoholic beverages by committing
70. The Unauthorized Occupant and/or Geneva continue to occupy the Property without
the authorization, license, or invitation by any person authorized to give that permission
71. The Unauthorized Occupant and/or Geneva continue to occupy the Property without
72. Geneva's acts of obtaining the Fraudulent Lease in the Misappropriated Entity's name
and later causing the Unauthorized Occupant and/or his own occupation of the Property
has interfered with the Ybor Patio's right to use and possess the Property and to allow
73. Ybor Patio has suffered damages and irreparable harm because of the Unauthorized
WHEREFORE, Ybor Patio demands judgment for damages, including nominal damages,
attorney's fees pursuant to the wrongful act doctrine, equitable relief, and injunctive relief against
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the Unauthorized Occupant, the Misappropriated Entity, or the Fraudulent Lease, and for its
reasonable attorney's fees and costs, and for such further relief as this Court deems just and proper.
COUNT 3 —NUISANCE
74. This is an action for nuisance against Geneva, the Unauthorized Occupant, and all
persons that use the Property with alleged authority given to them by Geneva or the
Unauthorized Occupant and who have participated in the acts described herein.
75. Ybor Patio realleges paragraphs 1 through 47 as though fully set forth herein.
76. Geneva has unlawfully gained access to occupy and possess the Property as described
above.
77. Beginning on at least January 3, 2020, the Unauthorized Occupant unlawfully used the
78. Geneva and/or the Unauthorized Occupant sold alcoholic beverages without a license
79. Geneva and/or the Unauthorized Occupant obtained licenses to sell alcoholic beverages
at the Property by committing perjury and/or forgery and have sold alcoholic beverages
80. Geneva and/or the Unauthorized Occupant also committed the alleged violations of the
81. As a direct and proximate result of these acts at the Property, Ybor Patio has suffered
and will continue to suffer damages in that Geneva and/or the Unauthorized Occupant
will continue to unlawfully use the Property without the legal right occupy the Property
and for illegal purposes including the sale of alcoholic beverages without a license and
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Default Notice.
82. Geneva and the Unauthorized Occupant have further damaged Ybor Patio by causing
it to receive complaints about the Property and because Ybor Patio owns neighboring
properties that receive undue negative attention and decreases the value of those
properties.
83. Neighboring real estate owners and the community have expressed concern over the
84. Geneva and/or the Unauthorized Occupant's use of the Property is unwarranted, and
unreasonable, in that it has no lawful right occupy the Property and is selling alcoholic
beverages at the Property under a fraudulently obtained alcoholic beverage license and
85. Geneva has been arrested and charged for illegally selling and possessing alcohol at the
Property.
86. Ybor Patio is at risk of having a permanent revocation of any alcoholic beverage license
87. Ybor Patio is at risk of claims being made against it by third parties and actions against
Unauthorized Occupant.
88. Plaintiff is entitled to enjoin the nuisance because the unlawful actions of the
Defendants expose Plaintiff to potential liability as the owner of the Property where the
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to complaints from the neighboring business and others in the community and cause
90. Geneva and/or the Unauthorized Occupant's occupation and illegal use of the Property
91. Geneva and/or the Unauthorized Occupant's occupation and illegal use of the Property
92. Geneva and/or the Unauthorized Occupant's interference with Ybor Patio's use and
enjoyment of the land resulted in unreasonable and substantial harm and threats of
93. Moreover, Ybor Patio has suffered the loss of use of its property, as well as damages
resulting from discomfort and annoyance because of the loss of such use, and damages
in an amount that will be necessary to restore the property to its former condition.
94. WHEREFORE, Ybor Patio demands judgment for damages, including nominal
damages, attorney's fees pursuant to the wrongful act doctrine, equitable relief, and
injunctive relief against Geneva, the Unauthorized Occupant, and anyone claiming by,
Entity, or the Fraudulent Lease, and for its reasonable attorney's fees and costs, and for
COUNT 4 —
UNLAWFUL DETAINER
95. This is an action for recovery of possession of real property in Hillsborough County,
Florida that has been unlawfully entered and detained by Geneva, the Unauthorized
Occupant, and anyone claiming a right to possess or occupy the Property by, though,
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96. Ybor Patio realleges paragraphs 1 through 47 as though fully set forth herein.
97. Ybor Patio was in actual possession of Property at the time that Geneva obtained the
98. Geneva, the Unauthorized Occupant, and anyone claiming by, though, under, or against
Lease, have entered the Property without Ybor Patio's consent and without authority
of law, and anyone that remains in actual possession of the Property is doing so
Misappropriated Entity and other fraudulent pretenses, and Ybor Patio has not
99. No one claiming by, though, under, or against the Misappropriated Entity, the
100. Pursuant to Section 82.03(4), Ybor Patio is entitled to summary procedure provided
WHEREFORE, Plaintiff demands judgment against Geneva, the Unauthorized Occupant, and
anyone claiming by, through, under, or against Geneva, the Unauthorized Occupant, the
Misappropriated Entity, or the Fraudulent Lease for possession ofthe Property, for damages, costs,
and attorney's fees, and for such further relief as this Court deems just and proper.
COUNT 5 -
TEMPORARY AND PERMANENT INJUNCTIONS
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110. Geneva and/or the Unauthorized Occupant's continued occupation and sale of
alcoholic beverages through the operation of Qvesoir at the Property without any lawful
right to do so will cause Ybor Patio irreparable harm because it subjects it to action
against Ybor Patio and the Property by the Florida Division of Alcoholic Beverages
and Tobacco including the revocation of any license to sell alcohol at the Property with
111. Ybor Patio has no adequate remedy at law because damages cannot compensate it
for the irreparable harm that it and its owners suffer from the complaints in the
community, the loss of the ability to obtain an alcoholic beverage at the property, or
the threat of litigation with third parties, and the threat of action taken by state and/or
112. Ybor Patio has a substantial likelihood of success on the merits of its claims set
forth in Counts 1 through 4 ofthis Complaint and is clearly entitled to the relief claimed
herein.
113. Granting a temporary and permanent injunction as requested in this Complaint will
serve the public interest because the public has an interest protecting:
a. property rights,
deceit;
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e. protecting against the sale of alcohol at properties by persons who do not lawfully
g. protecting against the illegal operation of business at locations that they have no
h. generally protecting against fraud, violation of state and local laws and ordinances,
and preventing the operation of businesses that pose a nuisance to the community
and to the owner of the Property where the nuisance is being committed.
WHEREFORE, Ybor Patio respectfully demands the Court to enter a temporary and permanent
D. enjoining them from any further violations of the laws of the State of Florida as described
Respectfully Submitted,
/s/ Townsend J. Belt
Townsend J. Belt
Florida Bar No. 0066811
Anthony & Partners, LLC
100 South Ashley Drive, Suite 1600
Tampa, FL 33602
Primary Email Address:
[email protected]
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COMES NOW, Townsend J Belt, counsel for Ybor Patio, LLC, and provides notice of
Please provide all notices, pleadings, motions, and other documents in this action be served upon
preynolds @anthonyandpartners.com
Dated: January 27, 2021
Respectfully Submitted,
/s/ Townsend J. Belt
Townsend J. Belt
Florida Bar No. 0066811
Anthony & Partners, LLC
100 South Ashley Drive, Suite 1600
Tampa, FL 33602
Primary Email Address:
[email protected]
Secondary Email Addresses:
[email protected]
[email protected]
Page 20 of 20
Prepared by:
Fuentes and Kreischer, P.A,
1407 West Busch Boulevard
Tampa, Florida 33612
File Number: 2014271
(Whenever used herein the tenn "grantorand "grantee include all the parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the grantee, all that certain land situate in Hillsborough County, Florida, viz:
The Fast 3 inches of Lot 7, all of Lot 8 and the West 14 of Lot 9, Block 80, of MAP OF YBOR CITY, according to the
map or plat thereof as recorded in Plat Book 1, Page 11, of the Public Records of Hillsborough County, Flonda.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the gantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor
has good right and lawful authority to
sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever, and that said land is free of all encuinbrances except taxes accruing
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Ann 0r
State of Florida
county of Hillsborough
Brewer'147
The instrument
foregoing was acknowledged before me this 1st day of April, 2014, by Jevon Estes and Joel •••_., general partners of
1920 Partners, a Florida general partnership, who is/are personally known to me or who has produced as
identification.
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my Commission Expires:
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.147-
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") made this day of June, 2019 between Ybor
Patio, LLC, a Florida limited liability company, whose address is 13014 N. Dale Mabry Hwy Suite 620,
Tampa, FL 33618 hereinafter refened to as "Landlord" and Jae Enterprises, LLC, a Florlda limited
nattily company, whose address is 859 SW 154 Path, Miami, Florida 33194, hereinafter referred to
as "Tenant."
certain Premises situated at 1920 E. 7Ih Avenue, Tampa, Florida 33805, as more parilcularly
depleted and described on Exhibit A, attached hereto, consisting of 10,500 square feef. As used
herein, the term "Premises" refers to the real property above described and to any ImproVements
located thereon from time to time during the term of this Lease.
2. Initial Term. The Initial Term of this Lease shall be for a period of One Hundred Twenty
Two (122) months, with a commencement date of the June 27, 2019 (the "Commencement
Date"), and ending on August 31, 2029 fthe ""Termination Date"), with rent being payable in
advance each and every month.
3. Base Rent. Tenant shall pay to Landlord, during the Initial Term of this Lease, Base
Rent in the following manner:
(a) Commencing June 27, 2019 and continuing on the first day of each successive
month thereafter to and Including August 1, 2019, Base Rent will be abated ("Base
Rent");
1, 2019 and continuing the first day of each
(b) Commencing September on
successive month thereafter to and including June 1, 2021, Tenant shall pay to
Landlord Base Rent in the sum of $7,836.99 per month ("Base Rent");
(c) Commencing July I, 2021 and continuing on the first day of each successive month
thereafter to and including June 1, 2022, Tenant shall pay to.Landlord Base Rent In
the sum of $8,197.63 per month ("Base Rent");
(d) Commencing July 1, 2022 and continuing on the first day of each successive month
thereafter to and including June I, 2023, Tenant shall pay to Landlord Base Rent in
the sum of $8,568.69 per rnonth ("Base Rent");
(e) Commencing July I, 2023 and continuing on the first day of each successive month
thereafter to and including June 1, 2024, Tenant shall pay to Landlord Base Rent in
the sum of $8,951.08 per month ("Base Rent");
(f) Commencing July 1, 2024 and continuing on the first day of each successive month
thereafter to and including June. I, 2025, Tenant shall pay to Landlord Base Rent
\1/4, .Sc‘v
•
V
based upon 95% of the then current Fair Market Rentof similarly situated
comparable properties, adjusted annually; provided, however, in no event shall
the Renewal Rent be a sum fess that the Base Rent paid in the preceding year,
(g) Commencing July 1, 2025 and continuing on the first day of each successlve month
thereafter to and including June 1, 2029, Tenant shall pay to Landlord Base Rent
increased by an amount equal to A of the Base Rent for the preceding year,
increased annually on each anniversary year for the remainder of this Lease term.
(h)
In the event any rental payment due hereunder is not made within seven(7) days of its due
date, a late charge of ten percent (10%) of the late payment shall be due and payable with such
payment. Landlord shall not be obligated to accept any such late payment unless the late
charge is tendered together therewith. it Is further agreed and understood that Tenant shall pcfy
to Landlord all sales toxes that are currently In effect or that may hereinafter become due. Tenant
shall pay to Landlord, on a month-to-month bests all sales tax that is now or hereafter due and
The failure to pay the rent as required herein or to perform any other term, condition or
covenant of this Lease Agreement for a period of ten (10) days, shall constitute a default
hereunder.
(ii) insurance; and 010 common area maintenance expenses, all of which are herelnafter referred
to collectively as "Dperating Expenses". Tenant's "proportionate share" of the Operating
Expenses shall be a fraction, the numerator of which shall be the square footage of the Premises
and the denominator of which shall be the square footage of rentable space within the building.
It is the intention of the parties and they hereby *agree that Tenant shall pay, as Additional Rent, a
sum equal to 100% of the Operating Expenses for the entire Ternl of the Lease and any renewal
thereof, payable at the rate of 1/12 of the Operating Expenses per month. Tenant shall pay the
Operating Expenses based upon an estimate of the previous year's expenses. Landlord shall notify
Tenant in any change in the Operating Expenses, in which event Tenant shall commence
payment of the revised amount with the next monthly Installment of Base Rent. Notwithstanding
the foregoing, Tenant's obligations in relation hereto shall not include (i) any expense chargeable •
the Premises; Ill) any amount for which Landlord is reimbursed through insurance or by third
persons, and, (iil) repair costs occasioned by fire, windstorm or other casually.
5. Method of Payment of Rent. Base Rent, Additional Rent and any additional
.j>
charges to be paid to Landlord shall be paid by electronically through wire transfer, ACH or direct
deposit of immediately avaikible federal funds and shall be initiated by Tenant for payment on or
before the applicable Poyment Date; provided, however, If the Payment Date is not a business
day, then payment shall be made on the succeeding Business day, Landlord shall provide Tenant
with appropriate wire transfer, ACH and direct deposit information to Tenant.
6. Option to Renew. Provided Tenant is not In default in the performance of this Lease
approval, which approval may be withheld for any reason or no reason
and subject to Landlord's
whatsoever, Tenant may renew this Leese for One (1) additional term of Five (5) years
commencing after the expiration of the initial Term. All terms and conditions of this Lease shall
apply during the reneWal term. Tenant's option to renew this Leose, If accepted allowed by
Landlord, shall be exercised by written notice given to Landlord no less than one hundred eighty
(180) days prior to expiration of the Initial Term. lf notice is not given
the in the manner provided
herein within the time specified, this option to renew shall lapse expire.
7. Renewal Term Rent. If Tenant exercises its option to renew this Lease, the Base Rent
shall be based upon 9570 of the then current Fair Market Rept of similarly
for the renewal term -
situated comparable properties, adjusted annually; provided, however, in no event shall the
Renewal Rent be a sum less that the Base Rent paid in the preceding year. Upon receipt of
Tenant's Renewal Notice, Landlord shall notify Tenant in writing of Landlord's determination of the
Fair Market Rent within fifteen (15) days following receipt of Tenant's Renewal Notice. if, within
fifteen (15) days after receipt of such notice, Tenant accepts Landlord's determination or fails to
notify Landlord in writing of Tenant's objections to Landlord's proposed Fair Market Rent, Landlord
will prepcire an appropriate amendment to the Lease. if, within fifteen (16) days after receipt of
such notice, Tenant notifies Landlord inwriting of Tenant's objection to Landlord's proposed Fair
Market Rent ("Notice of Objection"), the parties agree to negotiate their differences In good faith
within thirty (30) days following Tencint's Notice of Objection to Landlord. If the parties fail to agree
on e Fair Market Rent within the 30-day period, then Tenant's Notice to Renew shall be deemed
withdrawn and the Lease shall terminate upon the expiration of the Initial Term.
8. ageerit Upon execution of this Lease Agreement, Tenant shall pay to
Landlord a security deposit in the sum of $7,314.93, which sum shall be returned to Tenant upon
the expiration of the Lease and upon Tenant's full and complete compliance with the terms and
provisions of this Lease. In the event Tenant has failed to pay any rents due hereunder, or, in the
further event that the Premlses require repair, then Landlord shall have the right and authorily to
deduct such sums from the deposit In order to pay any deficiency in the rent or any required
repairs, or both.
9, Prepaid Rent.
n
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DS
Landlord, the sum of $22,685,07, as payment in advance of the Base Rent for the first and last
months of the Lease Term (the "Advance Rent"). Landlord may use, apply, or retain of the whote
or any part of the Advance Rent, to the extent required for the payment of any Base Rent,
Additional Rent or any sum Landlord may be required to expend by reason of Tenant's default
under any provision of this Lease. Tenant expressly acknowledges that Tenant will not have the
right to apply the Advance Rent to any rent other than the rent owed for the last month of the
Lease or Renewal Term. Application of the Advance Rent will be at the sole discretion of Landlord,
and the right of possession of the Premises by Landlord far non-pciyment of rent or for any other
reason will not in any way be affected by -the existence of the Advance Rent. Further, Tenant must
remit to Landlord the amount necessary to replenish the Advance Rent to its original Sum within
five days after notification frorn Landlord of the amount due, Failure to pay the amount due within
the required time frame shall constitute a material defauft of this Lease.
10. Use of Premises, The Premises are leased with the understanding that they are to
be used as a Night Club. Tenant agrees to restrict its use of said Premises for the purposes
described herein and not to use or permit the use of.the Premises for any other purpose without
the Premises is a proper, permitted and authorized use under applicable zoning faws and
regulations. Tenant assume full responsibility to confirm with the appropriate governmental
authorities thatTenant's use of the Premises Is authorized under existing zoning and land use
ordinances. Tenant hereby releases and agrees to hold Landlord harmless from any and all liability
with respect to the forgoing:
1 1. Delivery of Possession. Tenant shall be delivered possession of the Premises on June
7, 2019.Possession of the Premises shall be conditioned upon payment by Tenant of the first
month's rent (Base and Additional), as well as any security deposit and advance rents, all of which
are set forth in Schedule A attached hereto ("Sum Due landlord").
12. Uses Prohibited. Tenant shall not use any portion of the Premises for purposes other
than those specified herein above, and no use shall be made or permitted to be made upon the
Premises, nor acts done, which will increase the existing rate of insurance upon the property at
the time or under the uses as specified hereinabove unless said use is with the written consent of
Landlord, Tenant shall not conduct permit any sale by auction on the Premises. Tenant hereby
or
and
agrees to comply with all statutes, ordinances, and requirements of all municipal, state,
federal authorities now in force, or which may hereafter be in force, pertaining to the use of said
Premises.
•
13. Warranties of Title and Quiet Possession. Landlord hereby covenants that Landlord
is seized of the Premises in fee simple and has full right to make this Lease and that Tenant shall
have quiet and peaceful possession of the Premises during the term hereof.
14. Condition of Premises. Tenant acknowledges that neither Landlord nor any agent
of Landlord has made any representattons as to the condition of the Premises or the suitability of
the Premises for Tenant's intended use. Tenant represents and warrants that Tenant has made its
own inspection inquiry regarding the condition of the Premises and is not relying on any
of and
representations of Landlord .or any broker with respect thereto and does hereby accept the
Premises in their present "AS IS" condition. The Building and the Outside Areas shall be maintained
in at least the condition which exists upon the execution of this Lease.
approval, including Landlord's approval of the plans, specifications and budget for the
Improvements and Landlord's approval of Tenant's contractor. Landlord's approval may be
withheld for any reason or no reason whatsoever. If approved, Landlord shall not be liable for any
design defects relating to the construction of improvements by Tenant. The approval by Landlord
of any Improvements and any approval by Landlord of any plans and specifications therefor shall
not: (a) imply Landlord's approval of the plans and specifications as to quality of design or fitness
of any material or devise used; (b) imply that the plans and specifications are in compliance with
any codes or other requirements of governmental authority (it being agreed that compliance
with these requirements is solely Tenant's responsibility); (c) impose any liability on Landlord to
Tenant or any third party; or (d) serve as a waiver or forfeiture of any right of Landlord.
At Tenant's sole cost, Landlord agrees to cooperate reasonably with Tenant (including the
timely signing of applications) in obtaining any necessary governmental approvals for any work
(including sign installation) that Tenant is permitted to perform under this Lease. Tenant shall,
promptly furnish Landlord with copies of any and all written inspections, examinations, evaluations,
studies, tests, surveys, reports, approvals, permits, or other written matters obtained by Tenant in
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Docusign Envelope ID; 1FC2001C-8CA6-4EEC-A732-657A2E338CEIC
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connection with its Improvements to or inspections of the Premises by any third parties, including
any construction contracts pertaining to the construction of any Improvements.
Tenant shall pay the entire cost of all Improvements, including all of the costs to design,
construct and install the Improvements including byway of illustration and without limitation,
and
the costs of the following: (a) all contractor, architectural and engineering fees and costs; (b) all
permitting, governmental fees related to the construction and installation of Improvements; and,
(c) all other costs related to the construction and installation of the Improvements. Title to the
Improvements shall automatically vest in Tenant.
The Interest of Landlord in the Premises shall not be subject in any way to any liens,
Including constrUction liens, for irnprovernents to or other work performed in the Premises bÿ or on
behalf of Tenant. This excutpatlon Is made with express reference to sectlon 713,10, Florida
Statutes. Tenant represents to Landlord that any improvements that rnight be made by Tenant to
the Premises are not required to be made under the terms of this Lease and that any
Improvements that may be made by Tenant do not constitute the "pith of the lease" under
applicable Florida case law. Tenant shall notify every contractor making improvements to the
Premises that the Interest of Landlord in the Premises shall not be subject to liens.
against the Premises for work or materials claimed to have been furnished
If any lien is filed
by Tenant, Tenant shall cause it to be discharged of record or properly transferred to a bond under
section 713.24, Florida Statutes, within 10 days after notice to Tenant, Furthermore, Tenant shall
indemnify, defend, and save Landlord harmless from and against any damage or loss, including
reasonable attorneysfees, incurred by Landlord as a result of any liens or other claims arising out
replacements and all routine maintenance necessary to maintain the Interior, non-structural
components of the Premises and all major building systems servicing the Premises in good repair
and proper working condition, including any systems located outside of the Premises but used to
service the Premlses. The replacement of any plate glass damaged or broken from any cause
whatsoever In and about the Premises shall be Tenant's responsibility. Tenant shall reimburse
Landlord upon demand for all costs and expenses incurred by Landlord for the repair of any
damage to the Premises caused by the negligence or willful misconduct of Tenant or any of
Tenant's empioyees, agents, business invitees or guests. All necessary maintenance and repairs
shall be performed in a good and workmanlike manner in compliance with all applicable laws.
Landlord shall, at Landlord's expense, perform all replacements and repairs necessary to maintain
the exterior of the building in good repair and proper working order such as: load bearing walls,
comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal,
state, county and municipal authorities now in force, which shall impose any duty upon Landlord
or Tenant with respect to the use, occupation or alteration of the Premises, and Tenant shall use
all reasonable efforts to fully comply with The Americans With Disabilities Act of 1990 (the "ADA").
if Tenant receives any notices alleging violation of ADA relating to any portion of the BuildIng or
of the Premises; any written claims or threats regarding non-compliance with ADA and relating to
any portion of the Building or of the Prernises; or any governmental or regulatory actions or
investigations instituted or threatened regarding non-compliance with ADA and rotating to any
of the Premises, then Tenant shall, within ten (10) days after receipt of
portion of the Building or
such notice, advise Landlord In writing, and provide Landlord with copies of any such claim,
threat, action or investigation (as applicable).
19. Compliance with Laws/Waste and Nuisance Prohibited, During the term of this
Lecrse, and any renewal hereof, Tenant shall cornply with all applicable laws affecting the
Premises, the breach of which may result in an increase in any insurance premiums or result in any
penalty on Landlord or forfeiture of Landlord's title to the Premises. Tenant shall not commilyor
suffer to be cornmttted, any waste on the Premises or any nulsance.
20. Abcmdonment of Premises, Tenant shall not vacate or abandon the Prernises at
any time during the term hereof or any renewal; and, further, If Tenant shall abandon, vacate or
surrender the Premises, or be dispossessed by process of law, or otherwlso, any personal properly
belonging to Tenant and left on the Prernises shall be deemed to be abandoned, and the title to
same shall vest in Landlord. Landlord may dispose of any such items of personalty without notice
or liability to Tenant.
21, Holdover. In the event Tenant shall not Immediately surrender the Premises on the
expiration date, Tenant shall be deemed a holdover tenant under a Month to Month Lease at
twice the monthly Base Rent in effect during the month preceding the explration date. Tenaht
shall thereafter be subject to all conditions and covenants of this Lease as though the same had
originally been a monthly tenancy, Thereafter, Tenant shall give Landlord no less than thirty (30)
dayswritten notice of any Intention to quit the Premises, and Tenant shall be entitled to no less
than thirty (30) days' written notice from Landlord to quit the Premises (excopt in the event of any
failure or breach in which the provisions of this Lease shall govern). Notwithstanding the foregoing
provisions, in the event that Tenant shall hold over after the expiration dato and Landlord shall
desire to regain possession of the Premises promptly at such time, then czt any time prior to
Landlord's acceptance of rents and charges from Tenant as month to month tenant hereunder,
Landlord at its option may re-enter and take possession of the Prernfses in any manner perrnissible
reasonable prior written notice (except in the case of an emergency when no such notice will be
required), to enter the Premises at any reasonable time, without charge to Landlord and without
diminution of Rent payable by Tenant, to (a) examine, inspect, or protect the Premises; (b) prevent
damage to the Premises and/or to any other portion of the Building; c) after, add to, improve,
and repair the Building or the Premises as Landlord deems necessary or desirable, or as any
governmental authority may require, provided Landlord uses reasonable methods; or (d) exhibit
fhe Premises to prospective tenants, purchasers of the Building, or lenders. None of the above will
be construed as an actUal or constructive eviction of Tenant. Landlord will use commercially
reasonable efforts to minimize disruption to Tenant's business because of such activities, and unless
doing so is impractical or unreasonable because of an emergency, will notify Tenant that Landlord
intends to enter the Premises.
the Premises to Tenant "As-Ie; provided, however, Landlord shall bring the Fire suppression system
and required Lift into compliance with The Americans With Disabilities Act prior to delivery of
occupancy. Landlord shall pay for certain Leasehold Improvements, including, (i) Rre Sprinklers:
the relocation and replacement of sprinkler heads in accordance with the proposal submitted by
Cox Fire Protection, Inc.; (ii) Elevator Control Device and Logic: installation of an Elevator control
device and logic; (ill) Flre Alarm Panel: the installation of a Fire Alarm panel, voice communication
system with microphone, pull stations at all exits, smoke detectors at control equipment, HVAC
smoke detectors (depending upon final mechanical design) monitor modules for sprinkler system,
relay and speaker and strobes though out; ancl, (iv) Otis Elevater Otis Elevator, not to include
construction build-out, all in accordance with the proposals attached hereto in Exhibit 13 (the
"Landlord Improvements"). The Tenant shall be responsible for Leasehold Improvements in the
amount of $125,000.00. Any sum in excess of $125,000.00 shall be the responsibility of Landlord.
Commencing September 1, 2019 and continuing on the first day of each successive month
thereafter to and Including August 1, 2024, Tenant shall reimburse Landlord for the foregoing
improvements at the rate of $2,083.33 per month, togetherwith sales tax, to the extent applicable.
24. Tenant Improvements. In order to configure the space to accommodate Tenants
intended use of the Premises cis a Night Club. Tenant, at Tenant's sole expense, shall finish the
space in accordance with the drawings, plans and speclfications as more particularly set forth in
Exhibit C attached hereto (the "Tenant Improvements"), all of which shall be approved by •
Landlord prior to the execution of this Lease. Tenant shall be solely responsible and shall pay the
entire costs for all Leasehold improvements, which shall mean all of the costs to design, construct
DS
and install the Leasehold Improvements, inclUding by way of illustration and without limitation, the
(b) All permitting, governmental fees related to the construction and installation of
Leasehold Improvements;
(c) All other costs related to the construction and installation of the Leasehold
Improvements; and,
(d) The cost of labor, materials, supplies, contractors overhead, fees and general
conditions.
25. Signs Prohibited. Tenant shall not constrUct or place, or permit to be constructed
or placed, signs, awnings, marquees, or other structures projecting from the exterior of the
Premises, without first obtainIng Landlord's consent thereto. Any signage approved by Landlord
shall be in full compliance with all governmental rules, regulations and laws and In accordance
with all required permits and approvals, including approval by the Barrio Latino Commfssion.
Tenant further agrees to remove any signs, displays, or advertisements or decorations which
Tenant has placed, or permitted placed, on the Premises which, in Landlord's opinion, are
to be
offensive or otherwise objectionable. If Tenant fails to remove any such signs, displays,
advertisements, or decorations within ten (10) days after receMng notice from Landlord to remove
same, Landlord reserves the right to enter the Premises and remove them, at Tenant's expense.
After termination of this Lease, Tenant shall, if requested by Landlord, remove any signs, awnings,
marquees, or other structures projecting from the exterior of the Premises and restore the Premises
at Tenant's sole expense.
26. Indemnification of Landlord. Landlord shall not be liable for any damage or injury
to Tenant, or any other person, or to any property, which may occur on the Premises or any part
thereof, and Tenant agrees to Indemnify and hold Landlord harmless from any such claim for
damages caused by Tenant, Tenants employees, agents, business invitees and guests. To the
fullest extent permitted by law, Tenant hereby waives all claims against Landlord and its
Representatives (collectively, the "Indernniteesn) for damage to any property or injury to or death
of any person in, upon or about the Premises arising at any time and from any cause. Tenant shall
indemnify, defend and hold Indemnitees harmless from. and against all claims, liabilities,
judgments, demands, causes of action, losses, damages, costs and expenses, including
-
reasonable attorney's fees, for damage to any properly or Injury to or death of any person arising
from (a) the use or occupancy of the Premises by Tenant or persons claiming under Tenant, except
such as is caused by the sole negligence or willful misconduct of Landlord, its agents, employees
or contractors, (b) the negligence or willful misconductof Tenant in, upon or about the Premises,
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members or shareholders of Landlord shall have any,personal liability arising from or in connection
with this Lease.
28.Utilities/Interruption of Service. All utilities servicing the Premises shall be in the name
of Tenant. Tenantagrees that Tenant shalt be responsible for the payrnent of all utliities and services
provided to the Premiseslandlord does not warrant that any utilities servicing the Premises will be
free from interruption. Any such interruption of utility service shall not render Landlord liable to
29. MechanicsLiens. The interest of Landlord in the Premises shall not be subject in
any way to any liens, including construction liens, for improvements to or other work performed in
the Premises by or on behalf of Tenant. This exculpation Is made with express reference to section
713.10, Florida Statutes. Tenant represents to Landlord that any Improvements that night be made
by Tenant to the Premises are not required to be made under the terms of this Lease and that any
improvements that may be made by Tenant ao not constitute the "pith of the lease under
applicable Florida law. Tenant shall notify every contractor making improvements to the
Case
Premises that the interest of Landlord in the Premises shall not be subject to liens.Tenant shall have
no powerauthority to permit any mechanic's liens to attach to the Prernises. Tenant shall not
or
subject Landlord's interest or estate to any liability under tiny mechanic's or other lien law. No
provision of this Lease may be construed to imply that Landlord has consented to Tenant's
incurring such lien. If a mechanic's lien, lis pendens or other lien Is filed against the Premises for
behalf of Tenant, or any person holding through or under Tenant, Tenant must cause such lien to
be cancelled and discharged of record within ten (10) days after notice of such lien by Landlord.
If such lion is filed, Landlord may satisfy the lien after giving notice thereof to Tenant and without
limiting Landlord's rights or remedies under thisLease. Tenant shall promptly reimburse Landlord
for any amounts expended to satisfy the lien and for any expenses incurred in connection with
the satisfaction. Tenant shall have right of setoff against Landlord. Landlord's failure to cancel
no
and discharge of record any lien under this paragraph shall be deemed a default by Tenant under
hereof shall belong to Landlord. Tenant may, upon termination hereof, remove all Tenant's trade
fixtures placed upon the Premises, but shall repair or pay for all repairs necessary for damage to
Assignment and Subletting. Tenant shall not assign or transfer this Lease, or any
interest herein, without first obtaining the written consent of Landlord. Landlord's consent to any
shall not deemed consent to any subsequent assignment. Any such
such assignment as a
this
assignment without such consent shall be void and, shall, at the option of Landlord, terminate
Lease. Neither this Lease nor the leasehold estate of Tenant shall be subject to involuntary
assignment, transfer, or sale by operation of law in any manner whatsoever and any such
may designate, as additional insureds. The !dila] amount of such insurance will be
One Million Dollars ($1,000,000.00) per occurrence and general liability aggregate
limits of no less than Two Million Dollars $2,000,000.00; subject to periodic increases
reasonably specified by Landlord based upon inflation, Increased liability awards,
Insurance will not lirnit Tenant's liability nor relieve Tenant of any other obligation
(b) Liquor Liability insurance. Liquor liability and assault and battery insurance insuring
Tenant against liability for any claims arising from the-sale of alcoholic beverages
battery with coverage in amount less
upon the Premises and assault and an no
than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars
insureds.
against events protected under "All Risk Coverage," as well as against sprinkler
damage, vandalism, and malicious mischief. Any proceeds from the Personal
Properly Insurance will be used for the repair or replacement of the property
damaged destroyed, unless the Lease Term is termlnated under an applicable
or
provision herein. if the Premises are not repaired or restored in accordance with
this Lease, Landlord will receive any proceecis from the personal properly insurance
allocable to Tenant's leasehold Improvements.
Any insurance which Tenant is required fa maintain under this Lease will include a pr9vision
which requires the insurance carrier to give Landlord not less than thirty (30) days" written notice
prior to any cancellation or modification of such coverage. Prior to the earlier Tenant's entry
"
of
Into the Premises or the Commencement Date, Tenont will deliver to Landlord an insurance
herein and not less than
company certificate that Tenant maintains the insurance required by
will deliver to
thirty (30) days prior to the expiration or termination of any such insurance, Tenant
Landlord renewal certificates therefor. Tenant will provide Landlord with copies of the policies
will be
promptly upon request from time to time. All insurance policies required under this Lease
with companies having a "General Policy Rating" of A -; X or better, as set forth ln the most
current
issue of the Best Key Rating Guide. Landlord and Tenant, on behalf of themselves and their insurers,
each hereby waives any and all rights of recovery against the other, the agents, advisors,
of the
employees, members, officers, directors, partners, trustees, beneficiaries and shareholders
other and the agents, advisors, employees, members, officers, directors, partners, trustees,
for loss
beneficiaries and shareholders of each of the foregoing (collectively, "Representativee),
of or damage to its properly or the property of others under its control, to the extent that such loss
or not described in this Lease) at
or damage is covered by any insurance policy in force (whether
the ttme of such loss or darnage, or required to be carried under this Lease. All property
insurance
to the extent
canted by either party will contain a waiver of subrogation against the other party
such right was waived by the insured party prior to the occurrence of loss or injury.
33. Landlord's Insurance. During the Lease Term, Landlord will maintain in effect all risk
with
insurance covering loss of or damage to the Prernises In the amount of its replacement value
such endorsements and deductibles as Landlord determines from time to lime. Landlord will have
to obtain flood and such other insurances as Landlord determines from time to
the right
equlpment or building improvernents installed or
time. Landlord will not insure Tenant's fixtures or
in an amount and
paid by Tenant. Landlord may obtain cornmercial general liability insurance
to the
with coverage determined by Landlord insuring Landlord against liability with respect
be
Premises. The policy obtained by Landlord will not provide primary insurance, will not
Landlord may
contributory and will be excess over any liability insurance maintained by Tenant.
rental income insurance policy, with loss payable to Landlord.
•
also Maintain a
and their respective agents, employees or other representatives, for any loss, darnages or injury
of any nature whatsoever to properly or persons for which there is insurance coverage. Each
the
party shall obtain from their insurance carriers a waiver of the subrogation rights under
respective policies of Insurance.
35, Hazardous Waste. Tenant warrants and represents that Tenant will not use or
dispose of any hazardous waste or hazardous substance, whether or not It was generated or
produced on the Premises; and Tenant further warrants and represents that any activity on or
relating to the Premises shall be conducted in full compliance with all applicable laws.
• If the warranties and representations contained in this paragraph are false or breached,
•
Tenant agrees to defend, indemnify, and hold harmless Landlord against any and all claims that
Landlord may be liable for, suffer, incur or pay by reason of the false or breached warranties and
representations.
Tenant also agrees.to defend, indemnify and hold harmless Landlord against any and all
claims which Landlord may hereafter be liable for, suffer, incur, arising under any
or pay
applicable laws and resulting from or arising out of any act, activity or violation of any applicable
laws on the part of Tenant, his agents, employees, or assigns, and against any and all claims which
Landlord may hereafter be liable for, suffer, incur, or Pay resulting from or arising out of any
threat of release of hazardous
handling, storage, treatment, transportation disposal, release or
and other tenants of and from all liability arising out of the introduction of
indemnify Landlord
hazardous substances as defined by applicable law into the building and/or the Premises by
Tenant, his officers, employees, agents and contractors. Tenant shall further be responsible for all
to the Premises
liability for fines, assessments and charges by governmental entities with respect
or the building arising from such actions on the pari of Tenant.
if, during the terrn of this Lease, or any extension or renewal thereof, legislation, regulation,
of
or policy ls enacted or adopted which requires an environmental report or assessment
official
the Promises prior to or at the time of or immediately following termination of this Lease or vacation
of the Premises by Tenant, then Tenant, at his sole expense, shall procure such environmental
assessment or report and provide an original of same to Landlord, In the event any cleanup is
in the building and/or
required (except to the extent such cleanup is occasioned by items Installed
Premises by Landlord), then Tenant shall, at his sole expense, perform such cleanup (including,
without limitation, removal of hazardous materials and replacement thereof to the extent
reasonably necessary with non-hazardous materials). In the event Tenant default in his obligations
costs
under this paragraph Landlord shall be entitled to take the necessary steps and reasonable
•
Tenant
incurred by Landlord in good faith in connection therewith shall be promptly reimbursed by
be solely
to Landlord upon invoice, The intent of this paragraph or section is for Tenant to
responsible legal disposal of hazardous substance introduced into the
for sctfe removal and
to the
Premises by Tenant, but Tenant shall not be responsible for conditions existing prior
for
commencement of his tenancy, Tenant's responsibility hereunder shall include responsibility
materials specified bY Tenant for installation by Landlord where such materials are not building
standard materials.
Whether or not any such legislation, regulation or policy is adopted or enacted, Tenant
shall always be responsible for the safe removal of hazardous substances (as defined by
from the Premises and safe disposal thereof in accordance with all legal
applicable law)
requirements.
37. Surrender of Premises. At the expiration of the Lease term, Tenant shall surrender
reasonable use and wear thereof and damages by the elements excepted.
38. Service of Nonce. All notices, demands and requests which may be given or which
are required to be given by either party to the other under this Lease shall be in writing and shall
be deemed effective when either: (1) personally delivered to the Intended recipient; (11) three (3)
business days after having been sent, by certified or registered mail, return receipt requested,
of the
addressed to the intended recipient at the address specified herein; or (11i) at 500 p.m,
a nationally
business day next following after having been deposited Into the custody of
recognized overnight delivery service such as Federcti Express Corporation, Emery, Purolator,
or
addressed to such party at the address speclfied herein. Any notice sent as required by this
date of such refusal. For
Paragraph and refused by recipient shall be deemed delivered as of the
for all notices are as set forth in the
purposes of this Paragraph, the addresses of the parties
the particular
Preamble of this Agreement (unless changed by similar notice in writing given by
person whose address is to be changed).
under this
39, Events of Default. Tenant's performance of each of Tenant's obligations
Lease is a condition as well as a covenant under this Lease. Tenant's right to continue possession
in
v
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fb) Tenant's faiiure to maintain, in full farce and effect, all policies of insurance required
under this Lease;
(c) Tenant's failure to pay Additional Rent, Including Tenant's share of Operating
Expenses;
(d) petform any of Tenant's other obligations under this Lease, Including
Tenant fails to
completion of all Tenant improvements, and such failure continues for a period of
ten (10) days after notice from Landlord; provided that if more than 10 days are
(f) Tenant (or Guarantor) becomes insolvent or bankrupt, has CI receiver or trustee
appointed for any part of its property, makes an assfgnment for the benefit of its
creditors, or any proceeding Is commenced either by Tenant or against it under
any bankruptcy or insolvency laws, which proceeding Is not dismissed.within ten
(10) days.
40. Landlord's Remedies Upon Default. In the event of default, Landlord may exercise
possession of the Premises and relet or attempt to relet the Premises on behalf of
Tenant at such rent and under such terms and conditions as Landlord may deem
best under the circumstances for the purpose of reducing Tenant's liability and
Landlord shall not be deemed to have thereby accepted a surrender of the
Premises. Tenant shall remain liable for ail rents due under this Lease and for all
(b) Declare this Lease to be terminated, ended and null and void, and re-enter upon
and take possession of the Premises, whereupon, the term hereby granted and all
right, title and interest of Tenant in the Premises shall end. Such termination shall be
to Landlord's right to collect from Tenant any rental which has
without prejudice
accrued prior to such termination together with all damage suffered by Landlord
-
because of Tenant's breach of any covenant under this Lease. •
(c) Declare the entire remainlng unpaid rent for the balance of this Lease to be
D$
immediately due and payable forthwith, and may, at once. take action to recover
and collect same either by distress or otherwise.
(d) Exercise any and ail rights and privileges that Landlord may have under the laws of
the State of Ftorida and/or of the United States of America.
The exercise by Landlord of any one or more of the options provided to Landlord under
this Lease shall not affect Landlord's right to exercise any of Landlord's other options contained in
this Lease.
either wholly or In part, by fire or other casualty ("Casualtyl, Tenant will immediately notify
writing upon the occurrence orsuch Casualty. Landlord may elect either to (i) repair
Lancilord in
the damage caused by such casually as soon cis reasonably possible, In which case this Lease
will remain in full force and effect, or (H) terminate the Lease as of the date the Casualty
occurred. Landlord will notify Tenant within thirty (30) days after receipt of notice of the Casualty
whether Landlord elects to repair the damage or terminate the Lease Term. if, based on the
estimate of Landlord or Landlord's contractor, It will take Landlord more than six (6) months to
rebuild the Premises or (11) during the last six (6) months of the Lease Term and
the Casualty occurs
the damage is estimated by Landlord to require more than six (6) days to repair the Casualty loss,
Tenant may elect to terminate the Lease as of the date the Casualty occurred, which right of
termination shelll be exercised by written notification to Landlord within ten (10) days after receipt
of notice regarding required to rebuild. lf the Premises is destroyed or
the estimate of the time
damaged by Casualty and Landlord elects to repair or restore the Premises pursuant to the
provislons of this paragraph, any Rent payable during the period of such damage, repair and/or
restoration will be reduced according to the degree, if any, to which Te»ant's use of the Premises
is impaired.
42. Condemnation. If any part of the Premises shall be taken or condemned for public
use, and a part thereof remains which is susceptible of occupation hereunder, this I.ease shall, as
to the part taken, terminate cis of the date the condemnor acquires possession and thereafter
Tenant shall berequired to pay such proportion of the rent for the remaining term as the value of
the Premises remaining bears to the total value of the Premises at the date of condemnation,
provided however, that Landlord or Tenant may, at their option, terminate this Lease as of the
date the condemnor acquires possession. in the event theft the Premises are condemned in
whole, or that such portion is condemned that the remainder is not susceptible for use hereunder
by Tenant, this Lease shall terminate upon the date upon which the condemnor acquires
possession. All sums which may be payable on account of any condemnation shall belong to
Landlord, and Tenant shall not be entitleci•to any part thereof; provided, however, that Tenant
shall be entitled to retain any amount awarded to Tenant for Tenant's trade fixture or moving
expense.
43. Subordination. This Lease and Tenant's interest hereunder are and shall be
subordinate to any Hens or encumbrances now or hereafter placed on the Premises by Landlord,
all advances trade under any such Hens or encumbrances, the interest payable on any such liens
or encumbrances, and any and all renewals or extensions of such liens or encumbrances.
Although no instrument or act on the part of Tenant shall be necessary to effect such
subordination, Tenant agrees, uPon request, to hereafter execute any paper or papers whic.h the
Tenant's so
counsel for Landlord may deem necessary to accomplish that end, and in default of
doing. Tenant hereby irrevocably appoints Landlord cis his attorney in facito execute and deliver,
In the name of Tenant and as the act and deed of said Tenant, any such instruments required by
of
Landlord or any mortgage lender as may be deemed necessary to subordinate the interest
out
Tenant, Tenant, upon request, shall promptly execute such instruments er certificates to carry
the intent of this paragraph as shall be requested by Landlord. If five (5) days after the date of
receipt by Tenant of request by Landlord to execute such instruments, Tenant shall not
a written
have executed the same, Landlordrnay, at his option, cancel this Lease without incuning any liability
on account thereof, and the term hereby granted is expressly limited accordingly,
44. Radon. Radon is a naturally occurring radioactive gas that, when it has
Agreement shall not constitute a waiver of other or subsequent breaches. No failure of Landlord
to enforce any term hereof shall be deemed a waiver of any rights granted to Landlord
hereunder.
46. Liability. If there be more than one Tenant named herein, the
Joint and $ veral
and
provisions of this Lease shall be applicable to and binding upon such tenants, jointly
severally.
47. AttorneysFees. In the event it is necessary to institute any legal action or
fall due
proceeding to enforce the provisions of this Lease Agreement or to collect any rents that
hereunder, Landlord shall be entitled to recover from Tenant all costs incurred in connection
therewith, Including a reasonable attorney's fee and court costs,
48. Memorandum of Lease. The parties agree that a memorandum of lease may, at
the sole option of Landlord, be recorded in the Public Records of Hillsborough County, Horida,
fri\
given Landlord hereunder, or to Insist upon shict compliance by Tenant of any obligation
hereünder, and no custom orpractice of the parties at variance with the terms hereof shall
constitute a waiver of Landlards right to demand exact compliance with the terms hereof. It is
IN WITNESS WHEREOF, the barites hereto have set their hands and seals on the date and
411
(Signature of Wilms)
(7A
(Signature of Witness)
P) / Liavese Geneva
(Printed Name of Witness) •
Ognature of
•
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(Printed Name of WitnesSp
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DoeušIgn Envelope ID: IFC2DO1C-8CA6-4EEC-A732-657A2E331301D
Schedule A
rsum Due Landlord")
•
5 19400
61' 10,300 5
rarer! 5
Ften1
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YR 1 5 IA 36.99
2,063.30. 5 -4,17 7.60
12.014.79
95521
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Tolat 5 15,400.00
• •
e--199
EXHIBIT B
(Landlord Improvement)
voice communication system with rnicrophone, pull stations at all exits, smoke detectors at control
equipment, HVAC -smoke detectors (depending upon final mechanical design) monitor modules
for sprinkler system, relay and speaker and strobes though out; and, (iv) Otis Elevator: Otis Elevator,
proposals attached hereto in
not to include construction build-out, all in accordance with the
for Leasehold
Exhibit B(the "Landlord improvements"). The Tenant shall be responsible
shall be the
improvements in the amount of $125,000.00. Any sum In excess of $125,000.00
first day of
of Landlord. Commencing September 1, 2019 and continuing on the
responsibility
each successive month thereafter to and including August 1, 2024, Tenant shall reimburse
Landlord for the foregoing improvements at the rate of $2,083,33 per month, together with sales
tax, to the extent applicable.
(72,,
exhibit C
("Tenant Improvements")
Guarantv
The undersigned, as guarantor, hereby covenants and agrees that if there shall occur any default
by Tenant in the payment of Base Rent or Additional Rent or any other charges set forth in the
Lease, if Tenant shall default in the performance of any of i he covenants, terms, conditions and
or
agreements contained in the Lease then the undersigned shall in each and every instance (i) pay
such Base Rent, Additional Rent and any other charges due and payable by Tenant to Landlord
(10 faithfully perform and fulfill all of such covenants, terms, conditions and agreements to be
performed by Tenant cis set forth in the Lease, and (iii) pay to Landlord all consequential damages
that may be incurred by Landlord as the result of any default by Tenant under the Lease including
without limitation all attorneysfees and disbursements incurred by Landlord as a result of any such
default and/or the enforcement of any of the provisions of the Lease. This Guaranty shall be
construed as an absolute and unconditional guarantee of payment and performance of any
obligations of Tenant. Landlord shall have its remedy under.this Guaranty without being obliged
to resort first to any other remedy or remedies to enforce payment or collection of the obligations
hereby guaranteed and rnay pursue all or any of its remedies at one or cit different limes. If the
Lease Is modified, extended or renewed beyond Its origlnal term, this Guaranty will continue to
apply to any such modification, extension or renewal. The Guarantor(s), if more than one, shall be
jointly and severally liable for therepayment of the sums due under the Lease and the
performance by Tenant of all of the other obligations of Tenant under ihe Lectse guaranteed
hereunder.
Guarantor:
A
Wi nesses:
/7 r.
-CC,'----
CY"'
g9citure of Witness) Joyce Wolsfelner
‘;
(Sigriure. Witness)
\\?•<-i\-)N
(Printeci Name of Witness)-
Witnesses:
;;;.
C...erz_c2,---v
(Printed Name of Witness)
rvEl
1/27/2021 5:49 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 47
EXHIBIT "C"
Lourdes Negreira,
President and Registered Agent
Jolie Enterprises, LLC
859 SW 154 Path
Miami, Florida 33194
Re: Defaults of Lease Agreement between Ybor Patio, LLC and Jolie Enterprises, LLC
for premises located at 1920 E. 7th. Ave., Tampa, FL 33605
This letter is written on behalf of Ybor Patio, LLC (the "Landlore) and is directed to Jolie
Enterprises, LLC, a Florida limited liability company (the "Tenant'), Joyce Weisfelner, and
Liavese Geneva. This letter will (a) outline the relevant facts related to Tenant's occupancy ofthe
premises located at 1920 E. 7th Ave., Tampa, Florida 33605 (the "Premises"), (b) identify events
of default pursuant to the "Lease Agreement" between Landlord and Tenant for the Premises (the
"Lease) that exclusively sets forth the terms of Tenant's occupancy of the Premises, and related
actionable misconduct of the Tenant, and (c) provide concluding remarks regarding Tenant's
defaults and the Landlord's intentions regarding the Lease.
A. Relevant Facts
On about June 27, 2019, the Landlord and the Tenant entered into the Lease for the
or
Premises. Pursuant to paragraph 10 of the Lease, Tenant leased the Premises with the
understanding that it would be used for a nightclub and agreed that it would not use the Premises
for any other purposes without the express written consent of the Landlord. Furthermore, the
Tenant was responsible for determining whether its operation of the Premises as a nightclub was
authorized under current zoning and land use ordinances. Pursuant to paragraph 12 of the Lease,
Tenant was prohibited from using any portion of the Prernises for any purpose other than those
specified in paragraph 10 of the Lease. Furthermore, Tenant agreed to comply with all statutes,
ordinances, and requirements of all municipal, state, and federal authorities pertaining to the
Premises. Pursuant to paragraph 31 of the Lease, Tenant is prohibited from assigning or
transferring the Lease Agreement or any interest in the Lease Agreement without first obtaining
Landlord's express written consent.
The City of Tampa Land Development Code (the "Code) provides that a nightclub is "Mil
establishment that may include a restaurant or bar component, and wherein paid (hired for
compensation) floor shows or other forms of paid entertainment, including but not limited to
al's and live bands, are provided for customers as a part of the commercial enterprise. Tenant
has informed Landlord that, in fact, the Premises is not being used as a nightclub, but rather as
a "private club." In addition, Tenant has informed Landlord, and Landlord has observed, that
alcoholic beverages are served at the Premises. Landlord has checked with the Florida
Department of Business and Professional Regulation and Tenant does not hold a license to serve
alcoholic beverages on the Premises. In addition, it has come to Landlord's attention that on
October 17, 2020, Liavese Geneva was arrested on two counts of maintaining a place where
alcohol is sold illegally and one count of possession of unauthorized alcoholic beverages related
to his activities at the Premises.
Landlord has observed that "Qvesoir is operating on the Premises. "QvesoiC appears
to be Qvesoir Tampa Limited Liability Company (the "Unauthorized Occupant"), which holds
a 2-COP retail beverage license, number BEV3912777, that is associated with the Premises. The
Florida Beverage Law provides that a "licensed premises" "means not only rooms where
alcoholic beverages are stored or sold by the licensee, but also all other rooms in the building
which are so closely connected therewith as to admit of free passage from drink parlor to other
rooms over which the licensee has some dominion or control and shall also include all of the area
embraced within the sketch, appearing on or attached to the application for the license involved
and designated as such on said sketch, in addition to that included or designated by general law,"
thus, for Unauthorized Occupant to hold 2-COP licenses for the Premises, it must exercise
"dominion or control" over the Premises. Landlord has not approved an assignment, sublease,
or any other transfer of a right to possess or exercise dominion or control over the Premises to
Unauthorized Occupant. Therefore, the Unauthorized Occupant's possession of, and exercise of
dominion or control over the Premises to operate the alleged "private club," is in violation of the
Tenant's covenants in the Lease.
Tenant, nor the Unauthorized Occupant hold an 11-C alcoholic beverage license for nonprofit
private clubs, and neither Tenant, nor Unauthorized Occupant is organized as a nonprofit
corporation. Thus, Tenant or Unauthorized Occupant's usage of the Premises as a "private club"
and sale of alcoholic beverages is in violation of Florida law and the Code. Furthermore, it has
come to Landlord's attention that the City of Tampa opened Civil Case Number CIV-20-
0004665 against "Qvesoir Tampa, LLC" for failing to comply with EO 2020-42(3)(b) related to
face coverings (the "Mask Order"). In addition to the Unauthorized Occupant's violations of
the "Mask Order" and impermissible use of the Premises as a "private club," Landlord has
observed that either Tenant or the Unauthorized Occupant has allowed women to expose their
breasts and other nudity in violation of the Code. Finally, to the extent that Tenant claims that
it has been using the Premises as a nightclub as required by the Lease, Tenant has failed to
provide the exterior and interior security personnel required by the Code.
Pursuant to sections 38 through 40 of the Lease and other applicable law, Landlord hereby
provides Tenant with notice of events of default and demands them to be cured within the time
provided in the Lease. Based upon the Relevant Facts set forth above, the Tenant is in default of
the Lease Agreement for the following reasons:
Landlord demands that Tenant immediately take the following curative actions (the
"Curative Actions") by January 29, 2021 to remedy its defaults under the Lease:
1. Remove the Unauthorized Occupant from possession of any portion of the Premises
and terminate its operations at the Premises such that the Unauthorized Occupant no
longer exercises dominion or control over any portion of the Premises;
2. Return possession of the Premises to Tenant;
3. Cease the use of any portion of the Premises for operation of a "private club;"
4. Begin operating a nightclub on the Premises;
5. Cease maintaining a place where alcohol is sold illegally and one count of possession
of unauthorized alcoholic beverages related to his activities at the Premises;
6. Obtain all required alcoholic beverage and other licenses required to operate a
nightclub on the Premises;
7. Cease serving alcoholic beverages on the Premises until Tenant has obtained the
appropriate alcoholic beverage licenses;
C. Concluding Remarks
If Tenant does not take the above Curative Actions within the 10 days provided, Landlord
contemplates taking of possession of the Premises on or as of January 30, 2021. Landlord trusts
that the Tenant will give this matter its prompt attention and that if Tenant does not take the
curative actions within the time allowed, Tenant will peaceably return possession to Landlord on
January 30, 2021 so that the time, money, and other resources required by litigation might be
avoided for the benefit of all involved. I ask that you refrain from any effort to communicate with
the Landlord directly regarding this matter now that legal action has begun. Should you retain
counsel for this controversy, I ask that you notify me at once so that I can communicate with
counsel rather than yourself. Under no circumstances shall the notice period set forth herein be
tolled or terminated in the absence of a signed writing from this law firm. Except as expressly
provided herein, the Landlord reserves all legal and equitable rights and remedies available to
Landlord, including, but not limited to, Landlord's right to seek immediate injunctive and other
relief against Tenant and Unauthorized Occupant.
ry t yours,
VeA.1-)
Townsend J. Belt
Deposit Records and Receipts (page 3): If you deposit an amount that is higher or lower than what is on the
deposit receipt, we are not required to adjust your account for discrepancies of $10 or less. See below for the
full paragraph that has changed.
—
Linked Accounts (page 13): If the linked to your other accounts closes, it is your
responsibility to request any remaining eligible accounts to be linked.
—
Closing Your Account (page 13): We are not required to close your account if you have pending transactions,
or if the account is overdrawn or subject to legal process.
—
Research, Legal Process and Request for Information (page 15): If a legal hold is in effect, we will continue to
charge any applicable fees even though the account cannot be closed. We may also remove your Overdraft
Protection if a hold is placed, but you may ask us to relink your accounts after the hold is removed.
—
Preauthorized (Recurring) Transfers and Stop Payment (page 22): We explain how to stop payment on a
recurring transfer or payment.
This is the updated paragraph that you will find in the Deposits Records and Receipts section: If you make a deposit, we
may provide a receipt, but the amount on your deposit receipt is based entirely on the deposit slip you complete. We
may confirm the funds you deposit and, after review, may adjust your account for any errors including any errors on
your deposit slip. We are not required to adjust your account for discrepancies of $10 or less. We may not adjust your
account unless you notify us of the discrepancy within one year of the date of your account statement that shows the
deposit. If you do not notify us of the error during this notice period, the deposit amount will be considered final. This
means that if the actual amount deposited was less than the amount declared on the deposit receipt, the difference will
become your property and if the actual amount deposited was more than the amount declared on the deposit receipt, the
difference will become our property.
Please call us at the number on this statement if you have any questions.
WE ARE CHANGING THE FEE ON OUTGOING WIRE TRANSFERS DONE WITH A CHASE BANKER
Your relationship is important to us and we are committed to keeping you informed about changes that may affect you.
Starting June 22, 2019:
For outgoing wire transfers NOT requested online (for example, in a branch) the fee will increaseto:
—
International Wire Fee: $50 per transfer (we previously called this Foreign Outgoing Wire Transfer Fee). The
fee for outgoing wires made via Chase Online(SM) and Chase Mobile(R) (only available for domestic wires)
remains the same. Transfer limits apply. Savings accounts cannot be used to fund wire transfers initiated on
Chase Online(SM) and Chase Mobile(R). Incoming wire transfer fees remain the same.
These fees are waived for the following products:
—
Chase Plus Checking(SM) with Chase Military Banking benefits for active duty, reserve or National Guard
servicemembers with direct deposit of military base pay
All other terms and conditions of your Agreement still apply. If you have any questions, please call the
number listed at the top of this statement.
Page 1 of 4
CHECKING SUMMARY
AMOUNT
TRANSACTION DETAIL
03/14 Card Purchase With Pin 03/14 Versace S.P.A# New York -
4,911.97 6,222,493.95
NY Card 2198
03/19 Card Purchase With Pin 03/16 Bedbath&Beyond# Bedbat New York -
56.59 6,222,134.78
NY Card 2198
03/19 Card Purchase With Pin 03/16 Duane Reade 3387 Broad New York -
34.05 6,222,100.73
NY Card 2198
03/19 Card Purchase With Pin 03/18 Duane Reade 2069 Broad New York -
15.98 6,221,698.87
NY Card 2198
03/20 Card Purchase 03/20 Portuguese Language Assoc. New York NY -5, 000.00 6,216,698.87
Card 2198
345.59 6,216,353.28
New York NY Card 2198
7,308.26 6,209,045.02
1 E 57 New York NY Card 2198
03/25 Card Purchase With Pin 03/25 Whole Foods NY New York NY -
41.91 6,209,003.11
Card 2198
03/25 Card Purchase With Pin 03/25 Art Scape NY#de kooning -30,000.00 6,179,003.11
New York NY Card 2198
TRANSACTION DETAIL
1,000.00 6,152,940.81
Card 2198
03/29 Card Purchase With Pin 03/29 Nobu Rest.Dwntn New York - 322.94 6,152,617.87
NY Card 2198
04/04 ATM Withdrawal 04/04 3387 Broadway New York NY Card 2198 -
1,000.00 6,149,039.58
04/08 Card Purchase 04/05 —
406.65 6,148,632.98
Card 2198
04/08 Card Purchase 04/06 Ets*Ctf Flc Prop Ict Tes 609-771-7100 -
500.00 6,148,132.93
NJ Card 2198
A monthly Service Fee was not charged to your Chase Total Here are the three
ways you can avoid this fee during any statement period.
• Have direct deposits totaling $500.00 or more.
•
OR, keep a minimum daily balance in this of $5,000.00 or more
•
OR, keep an average daily balance of qualifying linked deposits and investments of
$5,000.00 or more
on which the problem or error appeared. Be prepader to give us the following information:
• Your name and account number
• The dollar amount of the suspected error
• A description of the error or transfer you are unsure of, why you believe it is an error, or why you need
more information.
We will investigate your complaint and will correct any error promptly. If we také more than 10 business days (or
20 business days for new accounts) to do this, we will credit your account for the amount you think is in error so
that you will have use of the money during the time it takes us to complete our investigation.
Rules and Regulations or other applicable account agreement that governs your account.
Upscale, Luxury, fashion forward, catered to women... tons ofguys desperate to get in
every night. State of the art interior design.
Designed by Lucky Geneva
Joyce Weisfeiner
REAL ESTATE INVESTOR I ANGEL INVESTOR
I own property in Manhattan-NY, Tel Aviv-Israel, Miami, Coral Gables, Jupiter-Florida and
Orange County Los Angeles.
I am an active angel investor, investing in strong standing companies.
Lucrative receivables and solid leadership.
Lucky approached me about the nightlife chain he desires to build across the USA, I loved the
idea. I was overjoyed with his success at Hyde; where we were initially introduced.
I am very excited about this project and looking forward to the growth and integrity in this
infrastructure.