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Filing# 140238533 E-Filed 12/13/2021 11:44:10 AM
THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CORAL SPRINGS JOINT VENTURE,
Plaintiff,
V. CASE NO.: CACE-21-010731
DANIA 6 INVESTMENT, INC.;
FAOSAT DANIA;
ALPHA PRESCHOOL ACADEMY 2, INC.;
and DAVID MOHABIR,
Defendants.
PLAINTIFF'S MOTION FOR FINAL JUDGMENT
AFTER DEFAULT
Plaintiff Coral Springs Joint Venture ("Landlord"),through counsel
and pursuant to Rule 1.500(e),moves for a final judgment after default on
Counts I,II,and III of the Complaint againstdefendants Dania 6 Investment,
Inc. ("Dania 6"),Faosat Dania ("Dania"),Alpha Preschool Academy 2, Inc.
("Alpha"),and David Mohabir ("Mohabir") (altogether,
"Defendants").
1. Dania 6 and Alpha defaulted for nonpayment on a written
commercial lease with Landlord, and Dania and Mohabir defaulted for
nonpayment on their personalguarantees. (S= Affidavit of Walter Meeks
11 6,8, attached as Exhibit A.) As a result,Landlord filed this action for
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*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/13/2021 11:44:10 AM.****
eviction againstDania 6 and Alpha and for damages againstDefendants.
(Sgg Compl. filed May 28, 2021.)
2. Defendants were served with process. (See Returns of Service
filed June 11, 2021.) Defendants did not respond to the Complaint. A
clerk's default was entered againstDefendants on December 3, 2021, on all
counts of the Complaint.
3. By failingto respond to the Complaint, Defendants admit to the
of the Complaint. Sgg
allegations Fla. R. Civ. P. 1.110(e)("Averments in a
pleading to which a responsivepleading is required,other than those as to
the amount of damages, are admitted when not denied in the responsive
As further evidenced by the Affidavit of Walter Meeks attached
pleading.").
hereto, Defendants have not cured the defaults on the lease or personal
guarantees.
4. The Court may enter final judgment againsta defendant who
fails to respond to a properly served complaint within the time allotted by
the rules. Fla. R. Civ. P. 1.500(e).Pursuant to the uncontested in
allegations
the Complaint and the attached affidavit,Landlord is entitled to final
judgment after default againstDania 6 and Alpha for eviction and against
Defendants for damages.
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WHEREFORE, Landlord requests a final judgment after default
againstDania 6 and Alpha on Count I of the Complaint for eviction,against
Dania 6 and Alpha on Count II of the Complaint for damages, againstDania
and Mohabir on Count III of the Complaint for damages, and against
Defendants, jointlyand severally, fees, costs, and such other
for attorneys'
relief available to Landlord under the circumstances.
Adam B. Brouillet
/s/
ADAM B. BROUILLET
Florida Bar No. 0055490
com
Primary email: abrouillet@trenam.
com
Secondary email: gkesinger@trenam.
Trenam, Kemker, Scharf,Barkin,Frye,
O'Neill, & Mullis,P.A.
200 Central Ave., Suite 1600
St. Petersburg,Florida 33701
Telephone: 727-896-7171
Facsimile: 727-820-0835
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I certifythat on December 13, 2021, a copy of the foregoing was
mailed to:
Dania 6 Investment, Inc. Alpha Preschool Academy 2, Inc.
4089 W. Whitewater Avenue 8725 NW
76th Court
Weston, Florida 33332 Tamarac, Florida 33321
Faosat Dania David Mohabir
4089 W. Whitewater Avenue 8725 NW
76th Court
Weston, Florida 33332 Tamarac, Florida 33321
/s/ Adam Brouillet
Attorney
3
4.ISQIi,)iL
I??L
THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CORAL SPRINGS JOINT VENTURE,
Plaintiff,
V. CASE NO.: CACE-21-010731
DANIA 6 INVESTMENT, INC.;
FAOSAT DANIA;
ALPHA PRESCHOOL ACADEMY 2, INC.;
and DAVID MOHABIR,
Defendants.
AFFIDAVIT OF WALTER MEEKS
STATE OF OHIO
COUNTY OF FRANKLIN
BEFORE ME, the undersigned authority, personally appeared
WALTER MEEKS, who, after being first duly sworn, deposes and says:
1. I am over the age of 18 years and am competent to testifyto the
matters in this affidavit. If called to testifyat trial in this action, I would
that the statements in
testify this affidavit are true and correct.
2. I am the Accounts Receivable Director for Washington Prime
Group and an authorized representativefor plaintiff
Coral Springs Joint
Venture ("Coral Springs"). As such, I am an authorized representative
of
Coral Springs and have access to and control of the business records
1
involvingthis matter. I make the statements in this affidavit based either on
my personalknowledge or on my review of memoranda, reports, records,or
data compilations(the "Coral Springs Records") of acts, events, conditions,
transactions,or opinions made at or near the time by, or from information
transmitted by, a person with knowledge. The Coral Springs Records are
regularlymade and maintained in the ordinary course of Coral Springs'
regularly conducted business by persons whose regular duties include
making and maintainingthe Coral Springs Records, which are documents
upon which I rely,and in the past consistentlyhave relied,in the ordinary
course and regularconduct of Coral Springs'business.
3. Coral Springs and defendant Alpha Preschool Academy 2, Inc.
("Alpha") entered into a written Lease dated September 3, 2014, which is
attached as Exhibit 1. Under the Lease, Alpha rented Room 0A06A at the
Royal Eagle Plaza, 9100 Wiles Road, Coral Springs,Florida 33067 (the
"Property")and agreed to pay rent, taxes, operatingcost charges,and other
amounts set forth in the Lease.
4. Coral Springs and Alpha entered into a First Lease Amendment
dated October 2,2017, which is attached as Exhibit 2.
5. Coral Springs,Alpha, and defendant Dania 6 Investment, Inc.
("Dania 6") entered into an Assignment and Second Lease Amendment
2
dated February 8, 2019, pursuant to which Dania 6 agreed to conduct
business on the Property and pay rent and other amounts to Coral Springsas
requiredof the tenant under the lease; Alpha and defendant David Mohabir
("Mohabir") agreed to remain fullyliable for payment of all rent and other
amounts owed to Coral Springs under the lease;and Mohabir and defendant
Faosat Dania ("Dania") executed and delivered personal guarantees to Coral
Springs. A copy of the Assignment and Second Lease Amendment,
including Mohabir's and Dania's personal guarantees, are attached as
Exhibit 3. Altogether,the Lease, First Lease Amendment, and Assignment
and Second Lease Amendment are referenced herein as the "Lease
Agi eement."
6. Alpha and Dania 6 failed to pay rent and other amounts owed
on the Lease Agreement. Mohabir and Dania failed to pay amounts owed
under the Lease Agreement and their personal guarantees.
7. On January 15, 2021, Coral Springssent to Dania 6, Alpha, and
Dania a notice of default for failure to pay amounts owed. A copy of this
notice is attached as Exhibit 4. On February 18,2021, a notice to pay the
rental arrearage or to return possession of the Property was posted to the
Property, and Coral Springs,through counsel, sent copies of this notice to
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Dania 6, Dania, Alpha, and Mohabir. A copy ofthis notice,with a return of
service, is attached as Exhibit 5.
8. Dania 6, Dania, Alpha, and Mohabir have failed to cure their
defaults. As of December 1, 2021, the principalamount owed to Coral
Springs under the Lease Agreement and personal guarantees is $167,826.11,
which is reflected on the collection workout attached as Exhibit 6.
9. Coral Springsretained the law firm of Trenam, Kemker, Scharf,
Barkin, Frye, O'Neill & Mullis, P.A. ("Trenam Law") to represent Coral
Springsin this action and has agreed to pay Trenam Law reasonable fees for
its services.
/Muhd
iFi.j /
Walter Meeks .
/-/
STATE OF OHIO
COUNTY OF FRANKLIN
Affirmed and subscribed before me by means of,?physicalpresence
or D online notarization,on December ? , 2021, by Walter Meeks, who is
personallyknown to me.
CA
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WVJ???K?JENNIFER N MEEKS
06
Stat*f
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?3.? *3 My Commissiop
fxpires
June 1,2024
Nofae i?blic,
State of Ohio
==#.J#.iq?...3=
Printed Name:
My commission expires: IA-i.24
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4
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-
LEASE
BY ANDBETWEEN
CORAL SPRINGS JOINT VENTURE,
an Indiana general partnership
AND
ALPHA PRESCHOOL ACADEMY 2, INC.,
a Florida corporation
ROYAL EAGLE PLAZA
LEASE
THIS LEASE made
/38?--NGJRMMba?
this
an Indiai FEIN 35-1845496
.20H, by and
("Landlord"), and
be-tran
ALPHA fE9Y?.3]?ING-S
PRESCHOOL ACADEMY F?ff?JR?:
lfHMI gen?ral.partnership,
2, INC., a Florida corporatioA ("Tenanf');
WITNESSETH THAT, in consideration of the rents, covenants and agreements hereinafter set forth, such
parties enter into the following agreement:
ARTICLE I
BASIC LEASE INFORMATION AND DEFINITIONS
Section 1.1. Basic Lease Information.
This Article I is an
integral part o f this Lease and all of the terms hereo f are incorporated into this Lease in all
respects. In addition to the other provisions which are elsewhere defined in this Lease, the following, whenever used in
this Lease, shall have the meanings set forth in this Section:
(a) Center: Royal Eagle Plaza, situated in the City of Coral Springs, County of Broward, State of Florida.
(b) Premises: Room A06A. Landlord shall have the right to change the room designation upon written
notice to Tenant.
(C) Store Floor Area: 5,300 square feet.
(d) Lease Tenn: Commencing on the Commencement Date and continuing until the end of the thiro,-
month of the Lease Term.
eighth (38't full calendar
(e) Commencement Date: The earlier of (i)the date the Tenant opens for business, or (ii)the Required
Completion Date.
In Required Completion Date: The 90th day after the earlier of (a) the date specifiedin such notice as the
date when Tenant can commence Tenant's Work or (b) the date Landlord has notified Tenant that the
Premises are ready for commencement ofTenanfs Work.
(g) Minimum Annual Rent: A Minimum Annual Rent of $10.00 per square foot of Store Floor Area, or
Fifty-Three Thousand and 00/100 Dollars ($53,000.00) per annum (based on the Store Floor Area),
payable in equal monthly installments, in advance upon the first day of each and every month
commencing upon the Commencement Date and continuing thereafter through and includingthe last
nd,
day of the second (20') month of the Lease Term;
A Minimum Annual Rent of $11.00 per square foot of Store Floor Area, or Fifty-Eight Thousand
Three Hundred and 00/100 Dollars ($58,300.00) per annum (based on the Store Floor Area), payable
in equal monthly insta]Iments, in advance upon the first day of each and every month commencing
month of the Lease Term and continuing thereafter through and including the last
upon the third (3rd)
day ofthe fourteenth (14'h)month of the Lease Term;
A Minimum Annual Rent of $ !1.50 per square foot of Store Floor Area, or Sixty Thousand Nine
Hundred Fifty and 00/100 Dollars ($60,950.00) per annum (based on the Store Floor Area), payable in
equal monthly installments, in advance upon the first day of each and every month commencing upon
the fifteenth (15'h)month of the Lease Term and continuing thereafter through and including the last
h,
day of the twenty-sixth (26'") month of the Lease Term;
A Minimum Annual Rent of $12.00 per square foot of Store Floor Area, or Sixty-Three Thousand Six
Hundred and 00/100 Dollars ($63,600.00) per annum (based on the Store Floor Area), payable in
equal monthly installments, in advance upon the first day of each and every month commencing upon
the twenty-seventh (27'h) month of the Lease Term and continuingthereafter through and including the
last day of the Lease Term.
(h) Percentage Rent Rate: INTENTIONALLYDELETED.
CD Sales Breakpoint: INTENTIONALLFDELETED.
0) Taxes: Calculated as set forth in Section 4.5.
(k) Operating Cost Charge ("OC Charge"): Provided Tenanfs Commencement Date occurs on or before
December 31, 2014, Tenant's Base Year OC
Charge shall be: Four and 30/100 Dollars ($4.50) per
square foot of Store Floor Area per annum (computed on an annualized basis for any partial calendar
year), sukjectto adjustment as set forth herein, In the event Tenant's Commencement Date is January
1, 2015 or thereafter,Tenant's Base Year OC Charge shall be increased in accordance with the
following. For and with respect to each and every calendar year or partialcalendar year after the 2014
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07/31/14
2014 Base Year,the annual OC
Charge shall be increased on the first day of each such calendar year
or partial calendar year by an annual amount equal to three percent (3%) of the OC Charge payable
by Tenant to Landlord for the immediately preceding calendar year (computed on an annualized basis
for any partial calendar year)
(l) \rade Name. ALPHA PRESCHOOL ACADEMY.
(m) Permitted Use: The Premises shall be occupied and used by Tcnant solely for the purpose of
conducting therein the business of a preschool/diaycare center. Tenant shall not use or penni[ or
suffer the use of the Premises for any other businessor purpose.
bij Security Deposit: Seven Thousand Seven Hundred Six and 41/100 Dollars ($7,706.41) (Section
14.1).
(0} Notice Address:
Landlord CORAL SPRINGS JOINT VENTURE
C/O M.S. Management Associates inc.
225 West Washington Street
Indianapolis, Indiana 46204-3438
Tenant ALPHA PRESCHOOL ACADEMY 2,1NC.
8725NW 7Cm Court
Tomarac, Florida 3332]
(P) Remitrancc Address: CORAL SPR[NGS JO[NT VENTURE
2638 Payspherc Circle
Chicago, Illinois 60674
Section 1.2. Definitions.
(a) "Center" shall mean, as the same may be changed from time to time, the land and buildings and Other
improvements from time to time constitutingan integrated shopping center which Landlord and others have constructed
or caused to be constructed.
(b) "Landlord's Tract" shall mean that portion (Or portions) of the land in the Center and the buildings
and other improvements thereon which at any time in question Landlord owns or which Landlord leases as tenant under
a sale kaseback or under a ground lease or sublease, it being understood that Landlord may not own or control portions
of the Center. Landlord reserves unto itself the unlimited right to modify the configuration of Landlord's Tract at any
time fur the purpose of ,i,cofporating additional Major Tenants and other buildings within the Center.
AFC[[ClI.I!
LEASED PREMISES AND TERM
Section 2.1. Le.sed Premises.
Landlord hereby leases to Tcnant anc! Tenant hereby rents from Landlord the Premises as depicted on
Exhibit "A". The Store Floor Area shall be measured to the center line of
all party or adjacent tenant walls, to the
exterior faces of other walls and to the building line where there is no wall. The parties agree that Landlord's
all
determination of the Store Floor Area shall be final, binding and conclusive.
Section 2.2. Roof and Wqllj-
all or any paM ofthe side and rear wa Ils of the Premises and the
Landlord shall have the exclusive right lo use
roof for any purpose, including but not limited to erccting signs or other structures on or over all or any part of the
same, erecting scaffolds and other aids to the construction and installation of the same, and installing, maintai.iing,
using, repairing and replacing pipes, ducls, conduits and wires leading through, ?o or from the Premises and serving
other pans of the Center in locations which do not materially interfere with Tenant's use of the Premises. Tenant shall
have no right whatsoever in the exterior of exterior watls of the Premises or the roof or any portion of the Center
outside the Premises, except as provided in Exhibit "B" hereof.
Section 2.3 Lease Term.
The term of this Lease (hereinafter called "Lease Term") shall commence upon the Commencement Date and
shall thereaftcr end on the expiration of the number of Lease Years set forth in Article I unless sooner terminated as
herein provided.
Section 2.4. Le@se-Yeerlkfggd.
"Lease Year," as used herein, means a period of twelve (i 2) consc:ulivc months during the Lease l erm, the
first full Lease Year coir.mencing on the Commencement Date and continuing through tile twelfth (12th) full calendar
monli, , ,
cumng un or after the Commencement Date, provided, however, if thc Commencement Date is not on the first
ofa month. the first Lease Year shall commence on the first day of the first fully month following the Commencement
Date. "Panial Lease Year" means that portion of the Lease Term prior to the first full Lease Year or following the last
full Lease Year.
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07/3 U 14
Section 2.5- Reloeatioqpf Premises.
A.ln the event Landlord shall add additional buildings to the Center or substantially expand any of the
buildings currently contained therein or Fe,e-,e-e# substanh'W/y reconfigure any part of the Center in the vicinityof
the Premises, L=rdlord shall have the right, subject to Landiord's and Tenant's right of termination as set fo-tb in
subparagraph (B), to require Tenant to relocate its operation, at Tenant's expense, to other premises (the 'New
Premises") in another part of the Center or building in accordance with the following:
(D Landlord shall notify Tenant, at least one hundred fifty (150) days prior {o the proposed relocation
date, o f Landlord's intention to relocate T:nant's operation to the New Premises;
(ii) The proposed relocation date and the size, configuration and location of the New Premises shall be
9et forth in Landlord's notice; and
(iii) The New Premises shall be substantially the same in size and configuration and the base rem ond
additional iein shall remain #ie same as the P?emises described in ihe Lease.
B. In thc event the New Premises described in Landlord's relocation notice are unacceptable Lo Tenant, Tenant
shall have the right, exercisable by written notice Landlord, given siro, (60) days following receipt of Landlord's
to
relocation notice. to terminate this Lease, such termination to be effective as o f the proposed relocation date as sct forth
in Landlord's notice. Failure by Tenant to timely ekercise such right shall be deemed a waiver with respect thereto and
confirmation that the New Premises are acceptable to Temnt In addition, if Tenant fails to exercise such right of
termination bv written notice to Landlord given within siro'(60) days following receiptof Landlord's relocation notice
or to accept the New Premises in writing by written notice to Landlord given within sirjy (66) days following receipt .F
Landlord s relocation notice, then Landlord shall have the right, at any time thereafter, to terminate this Lease effective
the later of (a) siqp (601 days following Tenant's receipt of Landlord's notice of termination or (b) the proposed
relocatton date as set forth in Landlord's relocation notice. Tenant shall have the right to accept the New Premises only
for the unexpired tenn .f thi s Lease.
C. In the event Landlord requires the relocation of Tenant's operation for any other reason, then I.andlord
rcsen'es the right at any time during the Lease Term hereof to require Tenant to relocate to the New Premises upon the
following terms and conditions: (a) the New Premises shall contain a Store Floor Area which shall
t?r?per***4444 ?>rit*m#h#ti#? not-
decrease froni the ske of the Sfore Floor Areai
conmined in me Premises; (b) Landlord shall notify Tcnant not less than ninety (90) days prior to the date Ten rt is
required to surrender possession of th: Premises; (c) Landlord shall, at Landlord's so/e cost and expense and p,io, tu
deh'very of the New Premises ro Tenanf, complew the leasehold improvements in the New Premises, in accordance
with the pU+e-6Md-pel*lue*ie--?pl'**&ttki#*6-?1-eepee*?-40-?4Fe-m??--g-6-e?? same lea.seho/d
improvements m
the Premises and Lai.dlord shall, at Landlord's sole cost and expense, pay for alt reasonable
expenses and costs of Tenant associated with moving to the New Premises. including but not limited to, expenses for
Aew admtising,o re?#ea the changed location; (d) Tenant shall, within fifteen (15) days after possession ofthe New
Premises has been tendered to Tenant, open for business in the New Premises; and (e) Tenant shall surrender
possession of the Premises to Landlord in accordance with the provisions of Section 9.3 with iii fifteen (15) days after
possession of the New Premises has been tendered to Tenant.
D. The New Premises shall bF subject t0 the same tenns, conditions and eovenants as the Premises, e?eep,
?e 6?4W?,4%*?**Aee?A?-?.*-*e.;94-W-A?*-?e?-??GW-44*e??AN-W,**ism??r*n including the
Minimum Rent, which sholl,ror increuse. a?*?&*le @Nal*pemNha**e.r?epe?*ie-el?.04?ikt Upon thc occurrence
of any relocation pursuant ro this Section 2.5. the parties hereto shall promptly execute an amendment lo this Lease
reflecting such rclocotton of -Ienant, M#**??pphe?bl?,M#42*I#*#4*44#**wik#,H4*601-8?al,Y,ei,4
E. Landlord has made no rcprescntatior @5 to any additional improvements or stores or any existing stores in
the Center anC this provision does not create any rights of option, first refusal or otherwise with respect to any present
or future space in the Center.
Seqtion 26 Modifications to the Center.
Notwirhs[andirg anything in this Lease contained, Landlord reserves the right to change or modify and add to
or s:.:6,=t from :he ?ize and dimensions of the Center or any pall thereof, the number, location and dimensions of
buildings and stores, the size and configuration of the parking areas, enirances, exits and parking aisle at ignments,
dimensions of hallways, mails and corridors, the number of floors in any building,the location, size and number of
tenants' spaces and kiosks which may be erected in or fronting on any mal] or otherwise, the identity, type and location
of other stores and tenants, and the size, shape, location and a,rangcment of Common Areas (hereinafter defined), ancl
to design and decorate any portion of the Center as it desires, but the
general character of the Center ark' the
approximate location of the Premises in relation to the Major Tenants (as defined in Section 4.2 herein) shall not be
substantially changed.
If at any time (a) Landlord is required by any laws, ordinanees, rules or regulations of any governmental
agency having jurisdiction over the Center to provide additional parking on Landlord's Tract, or (b) Landtord proposes
to increase the total rentabte floor are,p within the Center which would require additional parking in the Center,
Landlord may elect to provide such additional parking by constructing deck or elevated or subterranean parking
facilities, hereinafter referred lo as "Deck Parking",
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07/31/14
ARTICLE III
TENANT'S WORK
Section 3.1. Tenant's Work.
Tenant agrees to accept the Premises in its present "as is" condition. FuMher alteralions of this room wili be at
the Tenants sole expense and deemed to be Tenant's Work, including, but not limited to, al] work designated as
Tenants Work in Exhibit "B", and Tenant shall do and perform all Tenant's Work diligentlyand promptly and in
accordance with the following provisions.
Section 3.2. Tenants Obligations Before Commencement Date.
As soon as reasonably possible hereafter. Landlord shall deliver to Tenant the Tenani information Package and
Ihe same shall become a part hereof by this reference as Exhibit "B-1" (hereinafter referred to as "Tcnant Information
Package"). Within for:y five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises
and Tr..,i, Iufc .nation Package, whichever is later, Tenant will submit to Landlord one (!) reproducible set (septa)
prepared by a registeredarchitect or engineer.of a Tcnanrs Work io
and three (3) copies of plans and specifications,
bc done within the Premises (hereinafter called "Tcnant's Plans"), prepared in conformity with Exhibit "B" and the
Tenant Information Package. Within thirty (30) days after receipt of Tenant's Plans, Landlord shall notifyTenant of
any failures of Tenanfs Plans to conform to Exhibit "B,the Tenant Information Package or otherwise to meet with
Landlord's approval. Tenant shall Wilhin th/'o' (30) days after receipt of any such nolice cause Tenant's Plains:t, be
revised to the extent necessary to obtain Landlord's approval and resubmitted for Landlord's approval. When Landlord
has approved the originalor revised Tenant's Plans, Landlord shall sign and return (which signature and return may be
transmitted electronica[!y) one (1) set of approved Tenanfs Plans to Tenanl and the same shall become a part hereof by
thisreference as Exhibit"B-2." Approvalofplansandspecifications by I.andlord shall not constitute the assumption of
any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not
limited to the Americans with Disabilmes Act of 1990 and the Williams-Steiger Occupational Safety and Health Act),
and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenanfs
Work until Landlord has approved Exhibit "B-2," unless prior Landlord approval has bgen obtained in writing.
Landlord shall notify Tenant not less than fifteen (] 5) days in advance of the time when Tenant can commence
Tenanfs Work; and Tenant shall commence such work not later [han the date specified in such notice (although
Landlord may not have completed Landlord's Work on such date and may be in the Premises concurrently with
Tenant), complete the same in strict accordance with Exhibits "B" and "B-2," all store and trade fixtures,
install
equipment, stock merchandise and inventory, and open for business therein not later than the Required
in trade,
Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against
Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. tn the
event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this
Lease autom:,ically shall become null and void and neither party shall have any liability
or obligation lo the other
hereunder.
Section 3.3. Failure of Tenant to Perform.
Because of the difficulty or impossibility of determining Landlord's damages resulting from Tenants failure to
open for business fuliy iixtured, stocked and staffed on the Commencement Date, including, but not limited to,
damag.: from loss of Percentage Rent (hereinafter defined) from *??--1
other tenants, diminished saleability,
ieasability, mortgageability oreconomic value of the Center or Landlord's Tract, if Tenant fails to commence Tenant's
Work within the time provided above and proceed with the same diligently,or to open for business fully fixtured,
stocked and staffed on or before the Commencement Date or to perform any of its obligations [o be performed prior to
the Required Crmpietion Dat=, Landlord may, without notice or demand, in addition lo the right to exercise any other
remedies and rights herein or at law provided, coilect rent from the Commencement Date in an amount equal .o ihe
Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder,
and, in addition thereto, an amount equal to fifty percent (50%) of I /365ths of the Minimum Annual Rent for each day
that Tenant has failed to open for business on and after the Commencement Dat, 4;el?4.He--e--HWMH-A-*4
Pe?entage?440?*-tle-*el??ee-600,+-eme*4?84-*ei?@?+epene64-*-el,-?slwe- In addition, Landlord may
terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a
penalty, a sum equal to the Minimum -Annual Rent payable for one (1) Lease Year, plus all reasonable expenses
incurred by Landlord pursuant to this Section, plus the reusonab/e cost of any alierations or repairs which Landlord in
its eele reasonable discretion deems advisable to relet the Premises. In the event thal Tenant fails to make timely
submission of Tenant's Plans as provided in [his 1.ease, then Landlord shall have the right,in addition to its other, ights
and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars
($100.00) per calendar day for each day thar Tenant's Plans arc not so submitted. All remedies in this Lease or at law
provided shall be cumulative and not exclusive.
Rg:lign.34. Condition of Premises,
Tenant's taking possession of the Premises sha]1 be conctusive evidence of Tenant's acceptance thereof in good
order and satisfactory condi?ion. Upon Land/ord's request, Tenant shall acknowledge taking possession of the
Premises Tenant agrees that,Landlord has made no representations as to conformance with applicable laws
in v.'riting.
respecting the condi?ior, of the Premises or the presence or absence of Hazardous Materials (hereinafter defined) in, at,
under oI abutting the Prcmises or the ennronmert. However, Tenant shall not be hetd liable for any environmentai
damage fo the Premises which occurred prior to Tenau taking possession oJ the Premises. Tenam also agrees that
no representations respecting the condition of the Premises. no warranties or guarantees, expressed or implied,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A rl,AkT,-ULAR PURPOSE, with respect to workmanship or any defects in material, and no promise to
A.
07, '1/!4
decorate, alter, repairor improve the Premises either before or after the execution hereof, have been made by Landlord
or its agents to Tenant u:'.ks, the same are contained herein.
Section 3.5. Certification.
Within forovive (43) days after the date Tenant opens for business in the Premises, Tenant shall deliver to
Landlord the following: (a) Tenanfs affidavit stating that the work to be performed by Tenant pursuant to the terms of
this Lease has been completed in strict compliance with Exhibit *B" and Tenant's Plans, as approved by Landlord. and
that no security interest under the Un ifoim Commercial Code or chanel mortgages are outstanding or have been fi'.2, it
being intended that any such affidavit may be relied upon by Land ord and that any deliberate misstatement by Tenant
shall constitute an event of default hereunder, (b) an affidavit 4
from Tenant stating that any general contractor
performing Tenant's Work %#944%-4*84 and all subcontfactors. laborers and material men who have perfonned work on
or furnished materials to the Premises (whose names and addresses shall be recited in the affidavit) have been paid in
full and that a]I liens therefor that have or might be filed have been discharged eA?eee.d or waived, (c) a :omplete
release and waiver of lien with respect to the Premises from any general contractor and all subcontractors who have
performed work on or furnished material to the Premises, or in lieu thereof, an attomey's certification thai the lien
period for the work performed on Tenanrs behalf in the Premises has expired and that no lions in connection therewith
have been filed; (d) Tenants written acceptance of the Pmmiscs stating that Landlord has completed all of Land:ord's
Work, any, required to be performed by Landlord pursuant to the terms of this Lease and That Tenant reserves no
if
claims, offsets or backcharges, or stating those claimed; (e) any monies owing to Landlord for the cost of any work
done fur or on behal f of Tenant, as set forth in Exhibit "B" annexed hereto or otherwise; and (f) all certificates and
approvals with respect to the work performed by Tenant or on Tenanfs behalf that may be required by any
governmental authorities as a condition for the issuance of an occupancy certificate for the Premises together with a
copy of any occupancy certificate issued by the proper governmental authority for the Premises.
ARTICLE IV
RENT-
kgtina?Ll. Minimum ae*p.eemaee Rent.
Tenant covcn.nis atid agrees to pay to Landlord, without notice or demand, at the Remittance Address, the
Mini.,.2.., Rent sit forth in Article I, iii advance upon the first day of each and every month of the Lease Term. If
actual Store Floor Area is modified in accordance wi[h Section 2.1, the Minimum Annual Rent e#441?e.Gele,4*fealipei.t
shall be deeined automatically i#eieexe,d-?, decreased based upon the Store Floor Area as thus determined, and any
overpayments or underpayments of Minimum Monthly Rent and-Pe-#*age-44eni to Landtord shall be adjusted
accordingly. ?Wh-S
8@*-?B-*#--0*Gleh-?4$-*-4-e#FAD?W+Ftbeed-0.&4*?e-Wee=ea,-eh@Ee--*+L.,We
e+?-ee-4,1-e?.Wk?*?*?A,--e-46*k-*+k?4-?k-6
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-#MP*?H?-eA--?6+*-4*?mage?.*e?+-?,??0?,?*??,?6?-*eeh-U?-k?*-B.+?
61???-+1-6el?eAIG.-,wa?ne?i,seel?-Pemi?k?6eaee=.*eep.end.4heile,iem-e,-e?whi?4-IW?e-@6*.k?+f
Mm*,m*,*??Ree+-fe-n,4,0eee-*ea-?4;eM-e*-1-,edt?ee*e-b,,te+fep?n?-Nale8Feekt,0-Iiell
6-dt?ee?-UU?pee,e?-.+Ue-?Nd-emen-U*;n4mm*.-*-16?-*1?*l,e?40+eA*-?14*-?eh
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8*ea4pe4?-44?4*Bee.*-I?e*4*?p?epA?4*Iredj-d:
Secilon.I.2. Miscellaneous Rent Provisions.
[f Tenant shall fail to pay any installment of Minimum Rent P-ee-e?44- or any item of additional rent
within five (5) days after the date the same became due and payable, then Tenant shall pay to Landlord a late payment
service charge ("Late Charge") covering administrative and overhead expenses equal to the greater of (a) $250.00 or (b)
50 per each Collar so overdue. Provision herein for payment of the Late Charge shall not be construed to extend the
date for payment of any sums required to be paid by Tenant hereunder or to relieve Tenant of its obligation to pay all
such sums at the tin'les herein stipulated. If the Commencement Date is other than the first day of a month, Tenant shall
pay on the Commencement Date a prorated partial Mininium Monthly Rent for the period prior to thc first day of the
next calendar month, and thereafter Minimum Monthly Rent payments shall be made not later than the first day of each
"
calendar month. For pui'poses of this Lease, a Major Tenant" is herein defined as a single tenant occupying at least
25,000 contiguous square fuet of floor area. IA6-Ile,d-ehaitr*enrlime.dt,14#8-4he#em?eAhi*4,e#8*rfv#eg#t-
e??pa#+?le-Ge,+,-tlw.??e0*?eA44,i#1--de?k???-M+Hien?4Ge;Ie??*U;00@?@QG,@Q*-1-4Hwm-A-1-M
*21*U?UU?IUU4.2;
Mn 4.3 teieentate Rtt*. fNTENTIONALLY DELETED.
S*QtiQnli. Q[g;12iles and Adjusted Gross Sales Defined. /NTENT/ONALL F DELETED.
Sea*n#.5. Taxes.
A Definition. Landlord shall pay or cause lo be paid, upon the discretion of Landlord but before
delinquent, all Taxes (a5 hereinafter defined) levicd, assessed. imposed, become due and payable, or Iiens arising in
connection with the use, occupancy or possession of or become due and payable out of or for, ihe Center or any part
thereof during the Lease Term. As used in this Section 4.5 the tenn "Taxes" shall mean and include all properly taxes,
-5
07/3 l/14
both real and personal, a?r4&%*#-bese?6.el.410=00&§0:??@ee?m.eUend;e?*6.el?,ed??*??4h-@e.te?=r?g?dle#eP=h-
eap*ie?@*-+Ule,1 public and governmental charges and assessments, and all other taxes which Landlord is obligated lo
pay with respect to the development of the Center, including all extraordinary or special assessments or assessments
against any of Landlord's personal property now or hereafter located in the Center, all costs and expenses including, but
not limited to consulting, appraisal and reasonable attorneys' fees incurred by Landlord in researching, revieving,
evaluating, :ontesling, appealing or negotiating with public authorities (Landlord having the sole authority to conduct
such a contest or enter into such negotiations) as to any of the same and ail sewer, water and other utilitytaxes and
impositioos, but shall not include taxes on !-enant's machinery, equipment, inventory or other personal property or
assetsof Tcnant, Tcnant agreeing to pay all taxes upon or attributable to such excluded property without apportionment.
Taxes shall not include interest and penalties due on delinquent Taxes, but shall include interest on Taxes
withheld by virtue of Landlord making partial payment under protest in the event such partialpayment is permitted in
connection w,!h a tax appeal proceeding.
B Tenant's Share. Tenant shall pay to Landlord. as additional rent, its proportionate share of all
-
calendar year or fiscalyear Taxes, such proportionate shp.re to be prorated for periods at the beginning and end of the
Lease Tcrm which do no? constitute full calendarmontlts oryeari Tenant's proportionate share of any such Taxes shall
be that portion of such tv.:'s which bears the same ratio to the total Taxes as the Store Floor Area bears IO the average
reneaot.- tloor areaMn,ed:s eee+el in +1*Geme, Landh,rd's Trac, (hereinafter called "Rentab/e Floor Area") during
the calendar year or fiscal year,n which such Taxes constitute a lien upon *-?@e#w* Londlord's Tract. ***Ue-a,#&
*44?*?M*,j-4-*?-l?eth-e,1?00--ea??i--?k.++?y4-?,-?-1-?d*?f--?
???e@Iepe--tf+HUG@1?@+*:a#--4+?+G-eem-4?@?einA?de-1??4,0
*%??f??W*ee?A.ee.mab-ee?--r?-a?9-een?Mb#4,e#e-/$4;ag#e#-*e*ewed-45-6?Mdle.4.#n
C blment bv Teoant. Tenant's proportionate share of Taxes shall be paid in monthly installments
commencing with the Commencement Date, in amounts initial ly estimated by Landlord, one (1) such instatlmeni being
due on the first day of each full or partial month during the Lease Term. Upon noice from Landlord, such monthly
installmenls shall increase or decrease froin time to time to reflect the then current estimate of the amount of any Taxes
due. When the actual amount of any such Taxes is determined by Landlord, Landlord will notify Tenant orsuch actual
amount (in a formal to be determined by Landlord) and of any excess or deficiency in the amount theretofore paid by
Tenant as its share of such Taxes. Any such excess will be prm,i
Preview
Filing# 140238533 E-Filed 12/13/2021 11:44:10 AM THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CORAL SPRINGS JOINT VENTURE, Plaintiff, V. CASE NO.: CACE-21-010731 DANIA 6 INVESTMENT, INC.; FAOSAT DANIA; ALPHA PRESCHOOL ACADEMY 2, INC.; and DAVID MOHABIR, Defendants. PLAINTIFF'S MOTION FOR FINAL JUDGMENT AFTER DEFAULT Plaintiff Coral Springs Joint Venture ("Landlord"),through counsel and pursuant to Rule 1.500(e),moves for a final judgment after default on Counts I,II,and III of the Complaint againstdefendants Dania 6 Investment, Inc. ("Dania 6"),Faosat Dania ("Dania"),Alpha Preschool Academy 2, Inc. ("Alpha"),and David Mohabir ("Mohabir") (altogether, "Defendants"). 1. Dania 6 and Alpha defaulted for nonpayment on a written commercial lease with Landlord, and Dania and Mohabir defaulted for nonpayment on their personalguarantees. (S= Affidavit of Walter Meeks 11 6,8, attached as Exhibit A.) As a result,Landlord filed this action for 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/13/2021 11:44:10 AM.**** eviction againstDania 6 and Alpha and for damages againstDefendants. (Sgg Compl. filed May 28, 2021.) 2. Defendants were served with process. (See Returns of Service filed June 11, 2021.) Defendants did not respond to the Complaint. A clerk's default was entered againstDefendants on December 3, 2021, on all counts of the Complaint. 3. By failingto respond to the Complaint, Defendants admit to the of the Complaint. Sgg allegations Fla. R. Civ. P. 1.110(e)("Averments in a pleading to which a responsivepleading is required,other than those as to the amount of damages, are admitted when not denied in the responsive As further evidenced by the Affidavit of Walter Meeks attached pleading."). hereto, Defendants have not cured the defaults on the lease or personal guarantees. 4. The Court may enter final judgment againsta defendant who fails to respond to a properly served complaint within the time allotted by the rules. Fla. R. Civ. P. 1.500(e).Pursuant to the uncontested in allegations the Complaint and the attached affidavit,Landlord is entitled to final judgment after default againstDania 6 and Alpha for eviction and against Defendants for damages. 2 WHEREFORE, Landlord requests a final judgment after default againstDania 6 and Alpha on Count I of the Complaint for eviction,against Dania 6 and Alpha on Count II of the Complaint for damages, againstDania and Mohabir on Count III of the Complaint for damages, and against Defendants, jointlyand severally, fees, costs, and such other for attorneys' relief available to Landlord under the circumstances. Adam B. Brouillet /s/ ADAM B. BROUILLET Florida Bar No. 0055490 com Primary email: abrouillet@trenam. com Secondary email: gkesinger@trenam. Trenam, Kemker, Scharf,Barkin,Frye, O'Neill, & Mullis,P.A. 200 Central Ave., Suite 1600 St. Petersburg,Florida 33701 Telephone: 727-896-7171 Facsimile: 727-820-0835 Attorneys for Plaintiff CERTIFICATE OF SERVICE I certifythat on December 13, 2021, a copy of the foregoing was mailed to: Dania 6 Investment, Inc. Alpha Preschool Academy 2, Inc. 4089 W. Whitewater Avenue 8725 NW 76th Court Weston, Florida 33332 Tamarac, Florida 33321 Faosat Dania David Mohabir 4089 W. Whitewater Avenue 8725 NW 76th Court Weston, Florida 33332 Tamarac, Florida 33321 /s/ Adam Brouillet Attorney 3 4.ISQIi,)iL I??L THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CORAL SPRINGS JOINT VENTURE, Plaintiff, V. CASE NO.: CACE-21-010731 DANIA 6 INVESTMENT, INC.; FAOSAT DANIA; ALPHA PRESCHOOL ACADEMY 2, INC.; and DAVID MOHABIR, Defendants. AFFIDAVIT OF WALTER MEEKS STATE OF OHIO COUNTY OF FRANKLIN BEFORE ME, the undersigned authority, personally appeared WALTER MEEKS, who, after being first duly sworn, deposes and says: 1. I am over the age of 18 years and am competent to testifyto the matters in this affidavit. If called to testifyat trial in this action, I would that the statements in testify this affidavit are true and correct. 2. I am the Accounts Receivable Director for Washington Prime Group and an authorized representativefor plaintiff Coral Springs Joint Venture ("Coral Springs"). As such, I am an authorized representative of Coral Springs and have access to and control of the business records 1 involvingthis matter. I make the statements in this affidavit based either on my personalknowledge or on my review of memoranda, reports, records,or data compilations(the "Coral Springs Records") of acts, events, conditions, transactions,or opinions made at or near the time by, or from information transmitted by, a person with knowledge. The Coral Springs Records are regularlymade and maintained in the ordinary course of Coral Springs' regularly conducted business by persons whose regular duties include making and maintainingthe Coral Springs Records, which are documents upon which I rely,and in the past consistentlyhave relied,in the ordinary course and regularconduct of Coral Springs'business. 3. Coral Springs and defendant Alpha Preschool Academy 2, Inc. ("Alpha") entered into a written Lease dated September 3, 2014, which is attached as Exhibit 1. Under the Lease, Alpha rented Room 0A06A at the Royal Eagle Plaza, 9100 Wiles Road, Coral Springs,Florida 33067 (the "Property")and agreed to pay rent, taxes, operatingcost charges,and other amounts set forth in the Lease. 4. Coral Springs and Alpha entered into a First Lease Amendment dated October 2,2017, which is attached as Exhibit 2. 5. Coral Springs,Alpha, and defendant Dania 6 Investment, Inc. ("Dania 6") entered into an Assignment and Second Lease Amendment 2 dated February 8, 2019, pursuant to which Dania 6 agreed to conduct business on the Property and pay rent and other amounts to Coral Springsas requiredof the tenant under the lease; Alpha and defendant David Mohabir ("Mohabir") agreed to remain fullyliable for payment of all rent and other amounts owed to Coral Springs under the lease;and Mohabir and defendant Faosat Dania ("Dania") executed and delivered personal guarantees to Coral Springs. A copy of the Assignment and Second Lease Amendment, including Mohabir's and Dania's personal guarantees, are attached as Exhibit 3. Altogether,the Lease, First Lease Amendment, and Assignment and Second Lease Amendment are referenced herein as the "Lease Agi eement." 6. Alpha and Dania 6 failed to pay rent and other amounts owed on the Lease Agreement. Mohabir and Dania failed to pay amounts owed under the Lease Agreement and their personal guarantees. 7. On January 15, 2021, Coral Springssent to Dania 6, Alpha, and Dania a notice of default for failure to pay amounts owed. A copy of this notice is attached as Exhibit 4. On February 18,2021, a notice to pay the rental arrearage or to return possession of the Property was posted to the Property, and Coral Springs,through counsel, sent copies of this notice to 3 Dania 6, Dania, Alpha, and Mohabir. A copy ofthis notice,with a return of service, is attached as Exhibit 5. 8. Dania 6, Dania, Alpha, and Mohabir have failed to cure their defaults. As of December 1, 2021, the principalamount owed to Coral Springs under the Lease Agreement and personal guarantees is $167,826.11, which is reflected on the collection workout attached as Exhibit 6. 9. Coral Springsretained the law firm of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. ("Trenam Law") to represent Coral Springsin this action and has agreed to pay Trenam Law reasonable fees for its services. /Muhd iFi.j / Walter Meeks . /-/ STATE OF OHIO COUNTY OF FRANKLIN Affirmed and subscribed before me by means of,?physicalpresence or D online notarization,on December ? , 2021, by Walter Meeks, who is personallyknown to me. CA .3*A offjfi,a:l spll YDFb&4HM. Wleuls f -*** ?? WVJ???K?JENNIFER N MEEKS 06 Stat*f ?3Zta'y-pJGic. ?3.? *3 My Commissiop fxpires June 1,2024 Nofae i?blic, State of Ohio ==#.J#.iq?...3= Printed Name: My commission expires: IA-i.24 W-i.L7 4 +AIS.7iDiS - LEASE BY ANDBETWEEN CORAL SPRINGS JOINT VENTURE, an Indiana general partnership AND ALPHA PRESCHOOL ACADEMY 2, INC., a Florida corporation ROYAL EAGLE PLAZA LEASE THIS LEASE made /38?--NGJRMMba? this an Indiai FEIN 35-1845496 .20H, by and ("Landlord"), and be-tran ALPHA fE9Y?.3]?ING-S PRESCHOOL ACADEMY F?ff?JR?: lfHMI gen?ral.partnership, 2, INC., a Florida corporatioA ("Tenanf'); WITNESSETH THAT, in consideration of the rents, covenants and agreements hereinafter set forth, such parties enter into the following agreement: ARTICLE I BASIC LEASE INFORMATION AND DEFINITIONS Section 1.1. Basic Lease Information. This Article I is an integral part o f this Lease and all of the terms hereo f are incorporated into this Lease in all respects. In addition to the other provisions which are elsewhere defined in this Lease, the following, whenever used in this Lease, shall have the meanings set forth in this Section: (a) Center: Royal Eagle Plaza, situated in the City of Coral Springs, County of Broward, State of Florida. (b) Premises: Room A06A. Landlord shall have the right to change the room designation upon written notice to Tenant. (C) Store Floor Area: 5,300 square feet. (d) Lease Tenn: Commencing on the Commencement Date and continuing until the end of the thiro,- month of the Lease Term. eighth (38't full calendar (e) Commencement Date: The earlier of (i)the date the Tenant opens for business, or (ii)the Required Completion Date. In Required Completion Date: The 90th day after the earlier of (a) the date specifiedin such notice as the date when Tenant can commence Tenant's Work or (b) the date Landlord has notified Tenant that the Premises are ready for commencement ofTenanfs Work. (g) Minimum Annual Rent: A Minimum Annual Rent of $10.00 per square foot of Store Floor Area, or Fifty-Three Thousand and 00/100 Dollars ($53,000.00) per annum (based on the Store Floor Area), payable in equal monthly installments, in advance upon the first day of each and every month commencing upon the Commencement Date and continuing thereafter through and includingthe last nd, day of the second (20') month of the Lease Term; A Minimum Annual Rent of $11.00 per square foot of Store Floor Area, or Fifty-Eight Thousand Three Hundred and 00/100 Dollars ($58,300.00) per annum (based on the Store Floor Area), payable in equal monthly insta]Iments, in advance upon the first day of each and every month commencing month of the Lease Term and continuing thereafter through and including the last upon the third (3rd) day ofthe fourteenth (14'h)month of the Lease Term; A Minimum Annual Rent of $ !1.50 per square foot of Store Floor Area, or Sixty Thousand Nine Hundred Fifty and 00/100 Dollars ($60,950.00) per annum (based on the Store Floor Area), payable in equal monthly installments, in advance upon the first day of each and every month commencing upon the fifteenth (15'h)month of the Lease Term and continuing thereafter through and including the last h, day of the twenty-sixth (26'") month of the Lease Term; A Minimum Annual Rent of $12.00 per square foot of Store Floor Area, or Sixty-Three Thousand Six Hundred and 00/100 Dollars ($63,600.00) per annum (based on the Store Floor Area), payable in equal monthly installments, in advance upon the first day of each and every month commencing upon the twenty-seventh (27'h) month of the Lease Term and continuingthereafter through and including the last day of the Lease Term. (h) Percentage Rent Rate: INTENTIONALLYDELETED. CD Sales Breakpoint: INTENTIONALLFDELETED. 0) Taxes: Calculated as set forth in Section 4.5. (k) Operating Cost Charge ("OC Charge"): Provided Tenanfs Commencement Date occurs on or before December 31, 2014, Tenant's Base Year OC Charge shall be: Four and 30/100 Dollars ($4.50) per square foot of Store Floor Area per annum (computed on an annualized basis for any partial calendar year), sukjectto adjustment as set forth herein, In the event Tenant's Commencement Date is January 1, 2015 or thereafter,Tenant's Base Year OC Charge shall be increased in accordance with the following. For and with respect to each and every calendar year or partialcalendar year after the 2014 -l- 07/31/14 2014 Base Year,the annual OC Charge shall be increased on the first day of each such calendar year or partial calendar year by an annual amount equal to three percent (3%) of the OC Charge payable by Tenant to Landlord for the immediately preceding calendar year (computed on an annualized basis for any partial calendar year) (l) \rade Name. ALPHA PRESCHOOL ACADEMY. (m) Permitted Use: The Premises shall be occupied and used by Tcnant solely for the purpose of conducting therein the business of a preschool/diaycare center. Tenant shall not use or penni[ or suffer the use of the Premises for any other businessor purpose. bij Security Deposit: Seven Thousand Seven Hundred Six and 41/100 Dollars ($7,706.41) (Section 14.1). (0} Notice Address: Landlord CORAL SPRINGS JOINT VENTURE C/O M.S. Management Associates inc. 225 West Washington Street Indianapolis, Indiana 46204-3438 Tenant ALPHA PRESCHOOL ACADEMY 2,1NC. 8725NW 7Cm Court Tomarac, Florida 3332] (P) Remitrancc Address: CORAL SPR[NGS JO[NT VENTURE 2638 Payspherc Circle Chicago, Illinois 60674 Section 1.2. Definitions. (a) "Center" shall mean, as the same may be changed from time to time, the land and buildings and Other improvements from time to time constitutingan integrated shopping center which Landlord and others have constructed or caused to be constructed. (b) "Landlord's Tract" shall mean that portion (Or portions) of the land in the Center and the buildings and other improvements thereon which at any time in question Landlord owns or which Landlord leases as tenant under a sale kaseback or under a ground lease or sublease, it being understood that Landlord may not own or control portions of the Center. Landlord reserves unto itself the unlimited right to modify the configuration of Landlord's Tract at any time fur the purpose of ,i,cofporating additional Major Tenants and other buildings within the Center. AFC[[ClI.I! LEASED PREMISES AND TERM Section 2.1. Le.sed Premises. Landlord hereby leases to Tcnant anc! Tenant hereby rents from Landlord the Premises as depicted on Exhibit "A". The Store Floor Area shall be measured to the center line of all party or adjacent tenant walls, to the exterior faces of other walls and to the building line where there is no wall. The parties agree that Landlord's all determination of the Store Floor Area shall be final, binding and conclusive. Section 2.2. Roof and Wqllj- all or any paM ofthe side and rear wa Ils of the Premises and the Landlord shall have the exclusive right lo use roof for any purpose, including but not limited to erccting signs or other structures on or over all or any part of the same, erecting scaffolds and other aids to the construction and installation of the same, and installing, maintai.iing, using, repairing and replacing pipes, ducls, conduits and wires leading through, ?o or from the Premises and serving other pans of the Center in locations which do not materially interfere with Tenant's use of the Premises. Tenant shall have no right whatsoever in the exterior of exterior watls of the Premises or the roof or any portion of the Center outside the Premises, except as provided in Exhibit "B" hereof. Section 2.3 Lease Term. The term of this Lease (hereinafter called "Lease Term") shall commence upon the Commencement Date and shall thereaftcr end on the expiration of the number of Lease Years set forth in Article I unless sooner terminated as herein provided. Section 2.4. Le@se-Yeerlkfggd. "Lease Year," as used herein, means a period of twelve (i 2) consc:ulivc months during the Lease l erm, the first full Lease Year coir.mencing on the Commencement Date and continuing through tile twelfth (12th) full calendar monli, , , cumng un or after the Commencement Date, provided, however, if thc Commencement Date is not on the first ofa month. the first Lease Year shall commence on the first day of the first fully month following the Commencement Date. "Panial Lease Year" means that portion of the Lease Term prior to the first full Lease Year or following the last full Lease Year. -2- 07/3 U 14 Section 2.5- Reloeatioqpf Premises. A.ln the event Landlord shall add additional buildings to the Center or substantially expand any of the buildings currently contained therein or Fe,e-,e-e# substanh'W/y reconfigure any part of the Center in the vicinityof the Premises, L=rdlord shall have the right, subject to Landiord's and Tenant's right of termination as set fo-tb in subparagraph (B), to require Tenant to relocate its operation, at Tenant's expense, to other premises (the 'New Premises") in another part of the Center or building in accordance with the following: (D Landlord shall notify Tenant, at least one hundred fifty (150) days prior {o the proposed relocation date, o f Landlord's intention to relocate T:nant's operation to the New Premises; (ii) The proposed relocation date and the size, configuration and location of the New Premises shall be 9et forth in Landlord's notice; and (iii) The New Premises shall be substantially the same in size and configuration and the base rem ond additional iein shall remain #ie same as the P?emises described in ihe Lease. B. In thc event the New Premises described in Landlord's relocation notice are unacceptable Lo Tenant, Tenant shall have the right, exercisable by written notice Landlord, given siro, (60) days following receipt of Landlord's to relocation notice. to terminate this Lease, such termination to be effective as o f the proposed relocation date as sct forth in Landlord's notice. Failure by Tenant to timely ekercise such right shall be deemed a waiver with respect thereto and confirmation that the New Premises are acceptable to Temnt In addition, if Tenant fails to exercise such right of termination bv written notice to Landlord given within siro'(60) days following receiptof Landlord's relocation notice or to accept the New Premises in writing by written notice to Landlord given within sirjy (66) days following receipt .F Landlord s relocation notice, then Landlord shall have the right, at any time thereafter, to terminate this Lease effective the later of (a) siqp (601 days following Tenant's receipt of Landlord's notice of termination or (b) the proposed relocatton date as set forth in Landlord's relocation notice. Tenant shall have the right to accept the New Premises only for the unexpired tenn .f thi s Lease. C. In the event Landlord requires the relocation of Tenant's operation for any other reason, then I.andlord rcsen'es the right at any time during the Lease Term hereof to require Tenant to relocate to the New Premises upon the following terms and conditions: (a) the New Premises shall contain a Store Floor Area which shall t?r?per***4444 ?>rit*m#h#ti#? not- decrease froni the ske of the Sfore Floor Areai conmined in me Premises; (b) Landlord shall notify Tcnant not less than ninety (90) days prior to the date Ten rt is required to surrender possession of th: Premises; (c) Landlord shall, at Landlord's so/e cost and expense and p,io, tu deh'very of the New Premises ro Tenanf, complew the leasehold improvements in the New Premises, in accordance with the pU+e-6Md-pel*lue*ie--?pl'**&ttki#*6-?1-eepee*?-40-?4Fe-m??--g-6-e?? same lea.seho/d improvements m the Premises and Lai.dlord shall, at Landlord's sole cost and expense, pay for alt reasonable expenses and costs of Tenant associated with moving to the New Premises. including but not limited to, expenses for Aew admtising,o re?#ea the changed location; (d) Tenant shall, within fifteen (15) days after possession ofthe New Premises has been tendered to Tenant, open for business in the New Premises; and (e) Tenant shall surrender possession of the Premises to Landlord in accordance with the provisions of Section 9.3 with iii fifteen (15) days after possession of the New Premises has been tendered to Tenant. D. The New Premises shall bF subject t0 the same tenns, conditions and eovenants as the Premises, e?eep, ?e 6?4W?,4%*?**Aee?A?-?.*-*e.;94-W-A?*-?e?-??GW-44*e??AN-W,**ism??r*n including the Minimum Rent, which sholl,ror increuse. a?*?&*le @Nal*pemNha**e.r?epe?*ie-el?.04?ikt Upon thc occurrence of any relocation pursuant ro this Section 2.5. the parties hereto shall promptly execute an amendment lo this Lease reflecting such rclocotton of -Ienant, M#**??pphe?bl?,M#42*I#*#4*44#**wik#,H4*601-8?al,Y,ei,4 E. Landlord has made no rcprescntatior @5 to any additional improvements or stores or any existing stores in the Center anC this provision does not create any rights of option, first refusal or otherwise with respect to any present or future space in the Center. Seqtion 26 Modifications to the Center. Notwirhs[andirg anything in this Lease contained, Landlord reserves the right to change or modify and add to or s:.:6,=t from :he ?ize and dimensions of the Center or any pall thereof, the number, location and dimensions of buildings and stores, the size and configuration of the parking areas, enirances, exits and parking aisle at ignments, dimensions of hallways, mails and corridors, the number of floors in any building,the location, size and number of tenants' spaces and kiosks which may be erected in or fronting on any mal] or otherwise, the identity, type and location of other stores and tenants, and the size, shape, location and a,rangcment of Common Areas (hereinafter defined), ancl to design and decorate any portion of the Center as it desires, but the general character of the Center ark' the approximate location of the Premises in relation to the Major Tenants (as defined in Section 4.2 herein) shall not be substantially changed. If at any time (a) Landlord is required by any laws, ordinanees, rules or regulations of any governmental agency having jurisdiction over the Center to provide additional parking on Landlord's Tract, or (b) Landtord proposes to increase the total rentabte floor are,p within the Center which would require additional parking in the Center, Landlord may elect to provide such additional parking by constructing deck or elevated or subterranean parking facilities, hereinafter referred lo as "Deck Parking", -3- 07/31/14 ARTICLE III TENANT'S WORK Section 3.1. Tenant's Work. Tenant agrees to accept the Premises in its present "as is" condition. FuMher alteralions of this room wili be at the Tenants sole expense and deemed to be Tenant's Work, including, but not limited to, al] work designated as Tenants Work in Exhibit "B", and Tenant shall do and perform all Tenant's Work diligentlyand promptly and in accordance with the following provisions. Section 3.2. Tenants Obligations Before Commencement Date. As soon as reasonably possible hereafter. Landlord shall deliver to Tenant the Tenani information Package and Ihe same shall become a part hereof by this reference as Exhibit "B-1" (hereinafter referred to as "Tcnant Information Package"). Within for:y five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tr..,i, Iufc .nation Package, whichever is later, Tenant will submit to Landlord one (!) reproducible set (septa) prepared by a registeredarchitect or engineer.of a Tcnanrs Work io and three (3) copies of plans and specifications, bc done within the Premises (hereinafter called "Tcnant's Plans"), prepared in conformity with Exhibit "B" and the Tenant Information Package. Within thirty (30) days after receipt of Tenant's Plans, Landlord shall notifyTenant of any failures of Tenanfs Plans to conform to Exhibit "B,the Tenant Information Package or otherwise to meet with Landlord's approval. Tenant shall Wilhin th/'o' (30) days after receipt of any such nolice cause Tenant's Plains:t, be revised to the extent necessary to obtain Landlord's approval and resubmitted for Landlord's approval. When Landlord has approved the originalor revised Tenant's Plans, Landlord shall sign and return (which signature and return may be transmitted electronica[!y) one (1) set of approved Tenanfs Plans to Tenanl and the same shall become a part hereof by thisreference as Exhibit"B-2." Approvalofplansandspecifications by I.andlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilmes Act of 1990 and the Williams-Steiger Occupational Safety and Health Act), and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenanfs Work until Landlord has approved Exhibit "B-2," unless prior Landlord approval has bgen obtained in writing. Landlord shall notify Tenant not less than fifteen (] 5) days in advance of the time when Tenant can commence Tenanfs Work; and Tenant shall commence such work not later [han the date specified in such notice (although Landlord may not have completed Landlord's Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits "B" and "B-2," all store and trade fixtures, install equipment, stock merchandise and inventory, and open for business therein not later than the Required in trade, Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. tn the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease autom:,ically shall become null and void and neither party shall have any liability or obligation lo the other hereunder. Section 3.3. Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord's damages resulting from Tenants failure to open for business fuliy iixtured, stocked and staffed on the Commencement Date, including, but not limited to, damag.: from loss of Percentage Rent (hereinafter defined) from *??--1 other tenants, diminished saleability, ieasability, mortgageability oreconomic value of the Center or Landlord's Tract, if Tenant fails to commence Tenant's Work within the time provided above and proceed with the same diligently,or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of its obligations [o be performed prior to the Required Crmpietion Dat=, Landlord may, without notice or demand, in addition lo the right to exercise any other remedies and rights herein or at law provided, coilect rent from the Commencement Date in an amount equal .o ihe Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, an amount equal to fifty percent (50%) of I /365ths of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after the Commencement Dat, 4;el?4.He--e--HWMH-A-*4 Pe?entage?440?*-tle-*el??ee-600,+-eme*4?84-*ei?@?+epene64-*-el,-?slwe- In addition, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum -Annual Rent payable for one (1) Lease Year, plus all reasonable expenses incurred by Landlord pursuant to this Section, plus the reusonab/e cost of any alierations or repairs which Landlord in its eele reasonable discretion deems advisable to relet the Premises. In the event thal Tenant fails to make timely submission of Tenant's Plans as provided in [his 1.ease, then Landlord shall have the right,in addition to its other, ights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day thar Tenant's Plans arc not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusive. Rg:lign.34. Condition of Premises, Tenant's taking possession of the Premises sha]1 be conctusive evidence of Tenant's acceptance thereof in good order and satisfactory condi?ion. Upon Land/ord's request, Tenant shall acknowledge taking possession of the Premises Tenant agrees that,Landlord has made no representations as to conformance with applicable laws in v.'riting. respecting the condi?ior, of the Premises or the presence or absence of Hazardous Materials (hereinafter defined) in, at, under oI abutting the Prcmises or the ennronmert. However, Tenant shall not be hetd liable for any environmentai damage fo the Premises which occurred prior to Tenau taking possession oJ the Premises. Tenam also agrees that no representations respecting the condition of the Premises. no warranties or guarantees, expressed or implied, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A rl,AkT,-ULAR PURPOSE, with respect to workmanship or any defects in material, and no promise to A. 07, '1/!4 decorate, alter, repairor improve the Premises either before or after the execution hereof, have been made by Landlord or its agents to Tenant u:'.ks, the same are contained herein. Section 3.5. Certification. Within forovive (43) days after the date Tenant opens for business in the Premises, Tenant shall deliver to Landlord the following: (a) Tenanfs affidavit stating that the work to be performed by Tenant pursuant to the terms of this Lease has been completed in strict compliance with Exhibit *B" and Tenant's Plans, as approved by Landlord. and that no security interest under the Un ifoim Commercial Code or chanel mortgages are outstanding or have been fi'.2, it being intended that any such affidavit may be relied upon by Land ord and that any deliberate misstatement by Tenant shall constitute an event of default hereunder, (b) an affidavit 4 from Tenant stating that any general contractor performing Tenant's Work %#944%-4*84 and all subcontfactors. laborers and material men who have perfonned work on or furnished materials to the Premises (whose names and addresses shall be recited in the affidavit) have been paid in full and that a]I liens therefor that have or might be filed have been discharged eA?eee.d or waived, (c) a :omplete release and waiver of lien with respect to the Premises from any general contractor and all subcontractors who have performed work on or furnished material to the Premises, or in lieu thereof, an attomey's certification thai the lien period for the work performed on Tenanrs behalf in the Premises has expired and that no lions in connection therewith have been filed; (d) Tenants written acceptance of the Pmmiscs stating that Landlord has completed all of Land:ord's Work, any, required to be performed by Landlord pursuant to the terms of this Lease and That Tenant reserves no if claims, offsets or backcharges, or stating those claimed; (e) any monies owing to Landlord for the cost of any work done fur or on behal f of Tenant, as set forth in Exhibit "B" annexed hereto or otherwise; and (f) all certificates and approvals with respect to the work performed by Tenant or on Tenanfs behalf that may be required by any governmental authorities as a condition for the issuance of an occupancy certificate for the Premises together with a copy of any occupancy certificate issued by the proper governmental authority for the Premises. ARTICLE IV RENT- kgtina?Ll. Minimum ae*p.eemaee Rent. Tenant covcn.nis atid agrees to pay to Landlord, without notice or demand, at the Remittance Address, the Mini.,.2.., Rent sit forth in Article I, iii advance upon the first day of each and every month of the Lease Term. If actual Store Floor Area is modified in accordance wi[h Section 2.1, the Minimum Annual Rent e#441?e.Gele,4*fealipei.t shall be deeined automatically i#eieexe,d-?, decreased based upon the Store Floor Area as thus determined, and any overpayments or underpayments of Minimum Monthly Rent and-Pe-#*age-44eni to Landtord shall be adjusted accordingly. ?Wh-S 8@*-?B-*#--0*Gleh-?4$-*-4-e#FAD?W+Ftbeed-0.&4*?e-Wee=ea,-eh@Ee--*+L.,We e+?-ee-4,1-e?.Wk?*?*?A,--e-46*k-*+k?4-?k-6 **-@4d--?e??1-:p?-?*?.Mw?i?-?R?*---4-1-??e-??68?-4?he,,-6e e?*m?+??he??1-d,??-am?t?.*an?,??*1?Ii?PeNa@e?R?i?8te?al+4?*4?-hat,-' -#MP*?H?-eA--?6+*-4*?mage?.*e?+-?,??0?,?*??,?6?-*eeh-U?-k?*-B.+? 61???-+1-6el?eAIG.-,wa?ne?i,seel?-Pemi?k?6eaee=.*eep.end.4heile,iem-e,-e?whi?4-IW?e-@6*.k?+f Mm*,m*,*??Ree+-fe-n,4,0eee-*ea-?4;eM-e*-1-,edt?ee*e-b,,te+fep?n?-Nale8Feekt,0-Iiell 6-dt?ee?-UU?pee,e?-.+Ue-?Nd-emen-U*;n4mm*.-*-16?-*1?*l,e?40+eA*-?14*-?eh **4.et?ie!*--@6#'*meeAM.-M-R???e???U46e?*?1-B?6p??6??-?e-6,-??1-&? 8*ea4pe4?-44?4*Bee.*-I?e*4*?p?epA?4*Iredj-d: Secilon.I.2. Miscellaneous Rent Provisions. [f Tenant shall fail to pay any installment of Minimum Rent P-ee-e?44- or any item of additional rent within five (5) days after the date the same became due and payable, then Tenant shall pay to Landlord a late payment service charge ("Late Charge") covering administrative and overhead expenses equal to the greater of (a) $250.00 or (b) 50 per each Collar so overdue. Provision herein for payment of the Late Charge shall not be construed to extend the date for payment of any sums required to be paid by Tenant hereunder or to relieve Tenant of its obligation to pay all such sums at the tin'les herein stipulated. If the Commencement Date is other than the first day of a month, Tenant shall pay on the Commencement Date a prorated partial Mininium Monthly Rent for the period prior to thc first day of the next calendar month, and thereafter Minimum Monthly Rent payments shall be made not later than the first day of each " calendar month. For pui'poses of this Lease, a Major Tenant" is herein defined as a single tenant occupying at least 25,000 contiguous square fuet of floor area. IA6-Ile,d-ehaitr*enrlime.dt,14#8-4he#em?eAhi*4,e#8*rfv#eg#t- e??pa#+?le-Ge,+,-tlw.??e0*?eA44,i#1--de?k???-M+Hien?4Ge;Ie??*U;00@?@QG,@Q*-1-4Hwm-A-1-M *21*U?UU?IUU4.2; Mn 4.3 teieentate Rtt*. fNTENTIONALLY DELETED. S*QtiQnli. Q[g;12iles and Adjusted Gross Sales Defined. /NTENT/ONALL F DELETED. Sea*n#.5. Taxes. A Definition. Landlord shall pay or cause lo be paid, upon the discretion of Landlord but before delinquent, all Taxes (a5 hereinafter defined) levicd, assessed. imposed, become due and payable, or Iiens arising in connection with the use, occupancy or possession of or become due and payable out of or for, ihe Center or any part thereof during the Lease Term. As used in this Section 4.5 the tenn "Taxes" shall mean and include all properly taxes, -5 07/3 l/14 both real and personal, a?r4&%*#-bese?6.el.410=00&§0:??@ee?m.eUend;e?*6.el?,ed??*??4h-@e.te?=r?g?dle#eP=h- eap*ie?@*-+Ule,1 public and governmental charges and assessments, and all other taxes which Landlord is obligated lo pay with respect to the development of the Center, including all extraordinary or special assessments or assessments against any of Landlord's personal property now or hereafter located in the Center, all costs and expenses including, but not limited to consulting, appraisal and reasonable attorneys' fees incurred by Landlord in researching, revieving, evaluating, :ontesling, appealing or negotiating with public authorities (Landlord having the sole authority to conduct such a contest or enter into such negotiations) as to any of the same and ail sewer, water and other utilitytaxes and impositioos, but shall not include taxes on !-enant's machinery, equipment, inventory or other personal property or assetsof Tcnant, Tcnant agreeing to pay all taxes upon or attributable to such excluded property without apportionment. Taxes shall not include interest and penalties due on delinquent Taxes, but shall include interest on Taxes withheld by virtue of Landlord making partial payment under protest in the event such partialpayment is permitted in connection w,!h a tax appeal proceeding. B Tenant's Share. Tenant shall pay to Landlord. as additional rent, its proportionate share of all - calendar year or fiscalyear Taxes, such proportionate shp.re to be prorated for periods at the beginning and end of the Lease Tcrm which do no? constitute full calendarmontlts oryeari Tenant's proportionate share of any such Taxes shall be that portion of such tv.:'s which bears the same ratio to the total Taxes as the Store Floor Area bears IO the average reneaot.- tloor areaMn,ed:s eee+el in +1*Geme, Landh,rd's Trac, (hereinafter called "Rentab/e Floor Area") during the calendar year or fiscal year,n which such Taxes constitute a lien upon *-?@e#w* Londlord's Tract. ***Ue-a,#& *44?*?M*,j-4-*?-l?eth-e,1?00--ea??i--?k.++?y4-?,-?-1-?d*?f--? ???e@Iepe--tf+HUG@1?@+*:a#--4+?+G-eem-4?@?einA?de-1??4,0 *%??f??W*ee?A.ee.mab-ee?--r?-a?9-een?Mb#4,e#e-/$4;ag#e#-*e*ewed-45-6?Mdle.4.#n C blment bv Teoant. Tenant's proportionate share of Taxes shall be paid in monthly installments commencing with the Commencement Date, in amounts initial ly estimated by Landlord, one (1) such instatlmeni being due on the first day of each full or partial month during the Lease Term. Upon noice from Landlord, such monthly installmenls shall increase or decrease froin time to time to reflect the then current estimate of the amount of any Taxes due. When the actual amount of any such Taxes is determined by Landlord, Landlord will notify Tenant orsuch actual amount (in a formal to be determined by Landlord) and of any excess or deficiency in the amount theretofore paid by Tenant as its share of such Taxes. Any such excess will be prm,i