NON-CONFORMING SEXUALLY ORIENTED BUSINESS (SOB) APPLICATION
Application Date March 13, 2003
SOB Name Sensations Spa
SOB Owner Name Kimberly Sandak
SOB Owner Address 4510 Swallowtar Dr.
New Port Richey, Florida 34652
SOB Owner Telephone Number 727-942-1366
Legal Description and Physicaf Address COMM AT SE COR OF NW 1/4 OF SEC
Where SOB is Situated 30 TH S89DG 03’ 03”W 104.34 FT
. NOIDG2I’ 03”EALG SAID WLY
List of Attachment(s) proving the 1. COMMERCIAL LEASE
leasehold or ownership interest held in the AGREEMENT between Wing-Hay Lam
parcel upon which the SOB is situated and Fei-Fei Chou, Trustees of Land Trust
both as of December 17, 2002 and through #100 U/AID May 30, 1986 (Lessor), and
the application date. Kimberly A. Sandak (Lessee, SOB
~ owner); Term of lease April 12, 2002
through April 11, 2004, with an option to
renew for additional 5 years. Lease
agreement executed March 27, 2002.
Property Owner Name (for parcel upon Wing-Hay Lam and Fei-Fei Chou,
which the SOB is situated) Trustees of Land Trust #100 U/AID May
Property Owner Address (for parcel upon 2819 US HWY 19
which the SOB is situated) Hudson, Florida 34691-2709
Proof that the person/entity identified as 1. Current Tax Collector information
the owner of record of the parcel upon sheet
which the SOB is situated actually owned 2. Trustee Warrantee Deed recorded
the property both as of December 17, 2002 4/30/97.
and through the application date. 3. Assignment and Assumption of
Agreement for Deed recorded 4/30/97.
4. Agreement For Deed Modification
List of attachment(s) proving that all 1. Occupational License issued 8/13/02
required licenses were issued and are in 2. Fictitious Name registration.
effect for the SOB both as of December
17, 200 and through the application date.
Please attach a floor plan and a site plan, both drawn at a readable scale and signed and sealed by
Registered Engineer or Surveyor, accurately depicting the subject SOB as of December 17, 2002
Non-Conforming Sexually Oriented Business (SOB) Application Affidavit
I, Kimberly Sandak, the legally authorized representative of Sensations Spa, attest under
penally of perjury that SENSATIONS SPA was conducting business as a sexually
oriented business as defined in Pasco County Ordinance No. 03-01 at 2839 US HWY 19;
HOLIDAY, FLORIDA on December 17, 2002. 1 further attest under penalty ofperjury
that the following specific type or types ofbusiness activity(ies) were conducted at the
subject sexually orient business on December 17, 2002 as described:
1. The offering to the genera/public ofAroma Therapy, a non-medicalpractice
incorporating elements ofharmonic stress release, and auditory and other
Sworn to and subscribed before me by /“f4,6fde/’y JM’~ 41’(, , who is
y3ersonally known to me; or
____________________________________ as identification.
This ____ day of , 2003.
My Commission Expires:
Notary Public, State of Florida at Large
~‘SexualIyriented business is” defined as: Dawn LHamson
• My Comm.ss~onDDO339fl
I. Any Physical Contact Establishment; or ExpiresJune 142005
2. Any premises where members of the public or any person for consideration are offered
any live or recorded performance, or any visual images tangibly fixed in any medium, which
performance, image, or recording has as its primary or dominant theme subject matter depicting,
describing, or relating to Specified Sexual Activities or Specified Anatomical Area; or
3. Any premises where the presentation or distribution of any performance, recording, or
visual image requires the exclusion of minors from the premises pursuant to Chapter 847, Florida
COUNTY OCCUPATIONAL LICENSE 2002-03
PASCOpursuant and subject to Florida Statutes arid Pasco County Ordinances. Issuance does not certify compliance with
zoning or other laws. This license must be posted conspicuously In place of business Expires September 30.
DUNT NO: 18296
Mike Olsofl. TYPE OF BUSINESS:
CODE: 7299.34 TAX COLLECTOR
___________________ COMFORT STATION OPERATION
PA~O COUNTY FLORIDA
LOCATION HWY 19
~39 US HWY 19
)LIDAY FL 34691—2709 DATE RECEIPT AMOUNT
08/13/02 413722 13.75
REGISTRATION OF FICTITIOUS NAME Aug 14 1998 8:00am
1. S~s~l~j~ •cp~
FiCtillom Home (abs R,
rn1a,.d Secretary of State
2 gy~~(AS /~ 4Jr _____
M~log 01 8n.lri
CIty St.!. Zic
3 FlorIda County øf principal place 01 business. ______________
4. FEI Number — 5*150. OD
This space for ottice use only
A. Owner(s) of Flctitlops Name If Individue i(s): (Use an attachment If necessary):
1. £~4#IJiA ~tQ~i~ F 2
Last FirOt f t~Il L0nt ForO Mt
‘1/Jo ~s i~ ~,‘
-T ZipCod* --
dl Zip Code
8. Owner(s) of Fictitious Name It other than an lnd~vIduaI: Use attachment I? necessary):
Cl -~ 2.
EntIty H~rn. tothy rOOmS
CIty 51w. Zip Cods City Stale Zip Code
Florida Registration Number _______________ Flonda Registration Number ______________
FEI Number __________________________ FEI Number’ ________________________
0 Applied for El Not Applicable El Applied for El NotApplicable
I iwo) the undomtgnad. being the eat. (Ott the) partyJ!0$) ownutrg Intereal ii rho ,boFe Eciltious name; Gently that tho nt~rrnationindicated on
this lorill Is true end .ccl,r.t. twø) hirtrter c~riiy tire ftCtttloua nan.,, obown I, Section 1 of lid, torn, has been advetl!oed at leSatOnce In,
fl0W5t8~qias deirned inthapter 50. Fiorido Statutes, Iii the ootirltywhere itt. applicant’. principal place ol buslnes~ located I )we) under-
Otart~tI the oigrtatuoe)si below eliCit han. the lame .901 oIled set Iliad, under oath AtLeaot One Bi~r’aIate RequIre~
‘slsnrin.oeoanar Oat SiGnelir. OS Owner pate
Phone Number 7—~’W-O~’a
FOR CANCELLATION COMPLETE SECTION 4 ONLY:
~ Phone Number’
FOR FICTITIOUS NAME OR OWNERSHIP CHANGE COMPLETE SECTIONS 1 THROUGH 4: /IJ / 1
I (we) the undersigned, hereby cancel the ~lctitious u5’*li’, ~ AJ.~
which was registered on
0 1 ?S~ and was assigned
$ .01 Owrrn. Dot. 90w 01 Own., Palo
Mark the eppitcable boxes 0 Certificate of Status — SiO 0 CertifIed Copy — t30
FILING FEE: $50
i~otn Acknowlect9emen)s/( icøtes wiJi be sent to tile address ri Section 1 Only. CR4E-OO1 (*2/97)
04/30/97 (44~~J~ty Clerk
JED PII~LUP~1I COUNTY CLERK
04/30/’3?’ 04:~4_pl’ of 4
OR BK 73~ PG &~O
TRUSTEE WARRANTY DEED
THIS INDENTURE, made effective as of the 29th clay of October, 1996, between
RICHARD W. BAKER, Trustee, under an Intervivos Trust Agreement recorded in O.R.
Book 409, Pages 65-77 of the Public Records of Pasco County, Ronda./.. iuuuuuuur 1,
L. ~ fi~ ~I, n,hll~rk~ ~J~Lii~-fI-’-iJj[ L. üir i.iri rII--1-lq~~IF--’) r llj-’~~1 -. -.
IT, I .J _.. .111 L 111111, hereinafter called the Grantor, and LYNNDA L. SPEER, whose
address is c/o 1803 U.S. 19, Holiday, Florida 34691, and whose taxpayer identification
number is 265-62-9425, hereinafter called the Grantee.
That the Grantor, as a distribution by trustee to beneficiary, by these presents does
grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, her heirs,
successors and assigns forever, all those certain parcels of ‘and lying and being In the
County of Pasco, State of Florida, as more particularly described in Exhibit A annexed
This instrument prepared by and return to:
J. BOB HUMPHRIES, ESQUIRE
Fowler, White, GU~or1,Boggs,
Villareal and Banker, PA.
P.O. Box 1438
Tampa, FL 33601
12.27 10:49 JBI-I/3452
III l~’I 1 I
2 of 4
hereto and by this reference made a part hereof, having Pasco County Property Appraiser
Folio Number: 30- 2_( —1t~ —c7oio —
TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto
belonging or in anyway appertaining.
SUBJECT TO real estate taxes for 1997 and all subsequent years, covenants,
conditions, restrictions, reservations, easements and items of record.
TO HAVE AND TO HOLD the above described premises, with the appurtenances,
unto the said Grantee, her heirs, successors and assigns, in fee simple forever.
And the Grantor does fully warrant the title to said land subject to the matters
referred to above and will defend the same against the lawful claims of all persons and
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly
authorized in his name and by those thereunto duly authorized, effective the day and year
first above written.
RICHARD W. BAKER, Trustee, under an
Intervivos Trust Agreement recorded in
A 0 (~ Public Records of Pages 65-77 of the
OR. Book 409, Pasco County, Florida
~I/y ck~~ By: ~/iu~b ~ah~ /~ai~
Print Witness Name Richard W. Baker, Trustee
~zi 1~ v
Print Witness N~e
ii :1 I 1’1
OR BK 3~735 P6 652
3 of 4
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instrument was acknowledged before me this &tk day Ct I~1~t~/
6~ RICHARD W. BAKER, Trustee, under an Intervivos Trust Agreement recorded
in O.R. Book 409, Pages 65-77 of the Public Records of Pasco County, Florida, as his
free act and deed, on behalf of the same.
( did take an oath.
( ) did not take an oath.
is personally known to me.
C ) produced a current Florida driver’s license as identification.
( ) produced ______________________________ as identification.
~ ~d JAGQUFLD~EL~~A2~1J
- ~ Thu ~y
1--r—j- ~ SEAL:
Name stamped, typed or Iegt~yprinted
Commission Number Commission Expiration
111 1 l 1 ~
OR BK 3735 PG 653
EXHIBITA “of “
Commence at the Southeast corner of the Northwest one
quarter of Section 30, Township 26 South, Range 16 East;
thence run S89 °03’OYW, a distance of 104.34 feet to the
westerly right-cf-way line of U.S. Highway 19; thence run
NOl o21 ‘DYE, along said westerly right-of-way line of U.S.
Highway 19, a distance of 1728.53 feet to the POINT OF
BEGINNING of TRACT NAU.
From said POINT OF BEGINNING of TRACT “K; thence run
9891044W, 300.00 feet; thence run NOl -21’03”E, 140.00
feet; thence run N89°1 0’44’E, 300.00 feet to the
aforementioned westerly right-of-way line of U.S. Highway 19;
thence 901 °21’03”W, along said R/W line, 140.00 feet to the
POINT OF BEGINNING of TRACE A.
En I F 1 Ii
OR BK 37S PG 654
ASSIGNMENT AND ASSUMPTION OF
AGREEMENT FOR DEED
THIS ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR DEED made effectIve as of the 29th
day of October, 1996. by RIchard W. Baker, Trustee under an intervivos Trust Agreement recorded In OR
Book 409, Pages 65-77 of the P.R. of Pasco County (hereinafter ‘Assignor”) to Lynnda L. Spear (hereInafter
WHEREAS. Jan-Jan Lam and Ching-lin Chou as trustees under the provisions of a Trust Agreement
dated May 30, 1986 known as the Land Trust #100 (hereInafter referred to as the ‘Debtor”) evidenced an
4, Indebtedness to Assignor, in the amount of Two Hundred ThIrty-iwo Thousand and no/lOG Dollars
($232,000.00) by execution of that certain Agreement for Deed, recorded on May 13, 1993 In O.R. Book
3150, pages 097 et. seq. In the publIc records of Pasco County, Florida (the ‘Agreement for Deed’) whIch
encumbered the real estate described as follows: (the ‘Real Property’)
Commence at the Southeast corner of the Northwest one quarter of
Section 30, TownshIp 26 South, Range 16 East; thence run S89’03’03’W,
a distance of 104.34 feet to the westerly right-of-way line of U.S. Highway
19; thence run 1401 ‘21 ‘03’E, along said weetedy right-of-way line of U.S.
HIghway 19, a distance of 1728.53 feet to the POINT OF BEGINNING of
From said POINT OF BEGINNING of TRACT ‘A’; thence run S89’lO’44’W,
300.00 feet; thence run NOt ‘21’03’E, 140.00 feet; thence run N89”10’44’E,
300.00 feet to the aforementioned westerly rigid-of-way line of U.S.
Highway 19; thence 501 •21’03’W, along said A/W line, 140.00 feet to the
POINT OF BEGINNING of TRACE ‘A’.
Containing 0.964 acres moçe or less.
WHEREAS, in a distribution of trustee to beneficiary, Assignor desires to transfer Its Interest in the
Agreement for Deed to Assignee.
This Instrument preparsd by and return to:
4. BOB HUMPHAJES, ESQUIRE
Fowler, White, Gillen, Bogga,
n VlIIareaJ and Banker, PA.
P.O. Box 1438
Tampa, Fl. 33801
t2.27 1O~.4O JOH/docs/3405
lii I~F~ 1 F I 1~’
OR BK Z373~ P13 656
2 of 4
NOW, THEREFORE, as a distribution from trust to beneficiary, Assignor, does hereby transfer, assign
and delIver unto Assignee, all of the right, title and Interest of Assignor In and to the Agreement for Deed
and any award made In any court proceeding Involving any of the Agreement for Deed and/or the Real
Property in any bankruptcy, insolvency, or reorganization proceedings In any state or federal court.
TO HAVE AND TO HOW the same unto Assignee, her successors and assigns, forever.
1. Power of Attorney. Assignor does hereby constitute and appoint Assignee, to generally, do,
execute and perform any other act, deed, matter or thing whatsoever that ought to be done, executed and
performed In and about or with respect to the Agreement for Deed and Real Property, Irrevocably, with full
power of substitutIon and revocation, as his trite and lawful attorney, for him and In his name, place and
stead, as fully, to all intents and purposes, as Assignor could do It personally present, hereby ratifying and
confirming all that his said attorney or his substItute shall lawfully do or cause to be done by virtue hereof.
2. Attornment. Assignor hereby irrevocably directs the Debtor to attom to Assignee.
3. Covenants of Asslonor. Assignor covenants and warrants as follows:
3.1 that ft wfll not collect or receIve, without the prior written consent of AssIgnee, any
payment of the Agreement for Deed or with respect to the Real Property:
3.2 that ft will, upon written request by Assignee, give such written notices and make,
execute and deliver all such powers of attorney, instruments of pledge or assignment, and such other
instruments or documents as Assignee may reasonably request at any time for the purpose of securing
Assignee’s rights hereunder.
4. IndemnificatIon. Assignor hereby agrees to Indemnify and hold Assignee harmless agaInst
and from any and all liability, loss, damage and expense, Including reasonable attorneys’ fees, which
Assignee may or shah Incur under or In connection with or by reason of any action taken by Assignor and
agaInst and from any and all claims and demands whatsoever which may be asserted against Assignee by
reason of any alleged oblIgations or undertakIngs on Assignor’s part to perform or discharge any of the
terms, covenants and conditions contained In the Agreement for Deed, prior to the effective date hereof, or
5. ExercIse of Remedies. Failure of Assignee to avail herself of any of the terms, covenants
and conditions of this AssIgnmentfor any period of time, or at any time or times, shah not be construed or
deemed to be a waiver of any of her rights hereunder. The rights and remedies of Assignee under this
Assignment are cumulative and are not In lieu of but are In addition to any other rights and remedies.
6. Assionment by Asslonee. AssIgnee shall have the right to assign to any person or entity,
any of Assignor’s right, title and Interest hereby assigned, subject, however, to the provisions of this
7. Notice. Any notice given hereunder or In connection herewith (hereinafter ‘Notices’) shall be
deemed sufficient If in writing and sent by certified mall, telecopler or courier delivery, addressed to the party
to receive such notice at its/her address set forth hereinafter or at such other address as such party may
hereafter designate by Notice given In like fashion. Notices shall be deemed given when received.
III II — —F
OR BK 373~ P13 656
3 of 4
8. Further Assurances. At any time, Assignor wIli make, execute and deliver or cause to be made,
executed and delivered all Instruments or documents of any kind necessary to assIgn any and all of the
rights due hereunder.
9. MIscellaneous PrcMslons.
9.1 Whenever the context so requires, reference herein to the neuter gender shall
Include the masculIne and/or femInine gender, and the singular number shall Include the plural.
9.2 ThIs Assignment Is being delivered and Is intended to be performed In the State of
FlorIda and shall be construed and enforced in accordance with end governed by the laws of such state.
9.3 No change, amendment, modificatIon, cancellation or discharge hereof, or of any
part hereof, shall be valid unless Assignee shall have consented thereto in writing.
9.4 In the event there Is any conflIct between the terms and provisions of the Agreement
for Deed and the terms and provisions of this Assignment the terms and provisions most beneficial to
Assignee shall prevail.
9.5 The terms, covenants and conditions contained herein shall Inure to the benefit of,
and bind Assignee and AssIgnor and their respective heirs, successors and assIgns.
IN WITNESS WHEREOF, Assignor has executed and delivered this Assignment and Assumption the
first above wrItten.
Signed, sealed and delivered
In the presence at RICHARD W. BAKER, TRUSTEE under an
Intervivos Trust Agreement recorded In O.R. Book
409, Pages 65-77 of the P.R. of Pasco County
RIchard W. Baker, Trustee
1803 U.S. 19
Holiday, florida 34691
~f~rcJ 1¼5aJ(y ¼)oZCSOn
Print Name h~jJ
1803 U.S. 10
Holiday, florida 34691
12.27 1Q~.4O -3-
I i FI~ I I I
OR BK 3735 p~ 657
4 of 4
STATE OF FLORIDA 7)
COUNTY OF L~ô
The foregoing Ina~rument as acknow’edged before me this
w ó’L.1- ~ 19~’
by RICHARD W. BAKER~iho
V is personai~yknown to me; or
Tr i.— ~-r~cke ~
~ -\~c’~v T ~+
v..,- (Name ~
A— ~ L~t
rc~~c~- Notary Public
(Notary Public) or (Military Offlc.r’e Rank)
6 s—77 d~ Not aDoilcable
SerIaJ Number If Military Officer
~O~r~r ~ 2i.~c4, C~-L~
STATE OF FLORIDA~~) \
The foregoing tnsirurn:nt was acknowledged before me this ~
by LYNNDA L SPEER, who
V Is personally known to me; or
(Notary Public) or (Military Offlcer’e Rank)
Serial Number if Military Officer
12.2? 10.40 -4-
~I .11 Ii I
— 1111111111111111111111111111111011 11111li i lilt
Rcpt: 150174 Rec: 24.00
~ flp 4- y (‘1
AD PITrMRI4, PF1SCO I COUNTY CLERK
DR BK 37SS PG 6~S
AGREEMENT FOR DEED MODIFICATION
THIS AGREEMENT FOR DEED MODIFICATION, entered Into effectivethe 29th dayof October, 1996,
by and between RIchard W. Baker, Trustee under an irnervlvos Trust Agreement recorded In OR. Book 409,
Pages 65-77 of the Public Records of Pasco County (hereinafter Truste&) and Lynnda L Spear (hereinafter
W I T N E $ S E T H:
WHEREAS, Trustee and Jan-Jan Lam and Chlng-TIn Chou as trustees under the provIsions of a
Trust Agreement dated May 30, 1986 known as the Land Trust #100 (hereInafter 5Buyer”) made, executed
and delivered that certaIn Agreement for Deed recorded on May 13, 1993 In O.R. Book 3150, Pages 97
et.seq. of the Public Records of Pasco County (hereinafter the Agreement for Oeed~being payable to by
Buyer to Trustee for real property (hereinafter Real Property) In Pasco County, Florida, more fully described
See ExhIbIt A for Legal Description
This Instrument prepared by and return to:
J. BOB NUMPHRIES, ESOLJIRE
Fowler, ~Miite,alien, Bogge,
Vliieresl and Banker, PA.
P.O. Box 1438
Tampa, Fl. 33001
12.2? ice JBH/doca/3448
111 I-I ‘I 1 1~1
OR BK 3~73~ PC &39
a of 5
WHEREAS, Trustee has distributed the Real Property to Beneficiary and assigned the Agreement
for Deed to Beneficiary as a distribution from a trustee to a beneficiary;
WHEREAS, the Agreement for Deed is hereby modified to evidence of record the distribuiJons from
the Trustee to the Beneficiary.
NOW, THEREFORE, In furtherance of the distribution from a trustee to a beneficiary, the receipt of
which is hereby acknowledged, Trustee and Beneficiary agree as follows:
1. The recitals set forth above are true, correct and are incorporated herein by reference.
2. The Seller under that certain Agreement for Deed recorded on May 13, 1993 In O.R. Book
3150, Pages 97 et.seq. of the Public Recordsof Pasco County Is hereby changed from Richard W. Baker,
Trustee under an lnteMvos Trust Agreement recorded In O.R. Book 409, Pages 65-77 of the Public Records
of Pasco CounW to Lynnda L Speer.
3. it Is the intent of the parties that this Instrument shall not constitute a novatlon or default by
Trustee, and the documents evidencing the Agreement for Deed referred to herein shall remain In full force
arid effect except as modified hereby. To the extent any provision hereto is found to create a novatlon or
default by Trustee, such provision shall be void and of no further force and effect.
4. Except as expressly modified herein, all of the terms and provisions of the Agreement for
Deed shall remain in full force and effect.
12.27 1046 JDI-4/do~J3448
111 II 1 I
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals effective as of
the day and year first above written.
Signed, sealed and delivered
in the presence ot RICHARD W. BAKER, TRUSTEE under an
Intervivos Trust Agreement recorded In 0. R. Book
409, Pages 65-77 of the P.R. of Pasco County
By: ~h1sn/ 4&S’ 7ii~1”
Richard W. Baker, Trustee
Address: 803 U.S. 19
Holiday, florida 34691
1803 U.& 19
Holiday, Florida 34691
3 of 5
12.27 I045 .JGH/doa/3448
I II I I
STATE OF FL0RlDy,~
The foregO~ Instrument was acknowledged before me this_______ day
by RICHAR~9 BAKE~who
Is personally known to me; or
has produced ______________ as Identification.
T~-~e- ‘U 1lP~~ I~l
~ (Name typed, p~ Notai Pitls tk~ttas
(~C~QA~~Y) ~ Notary Public
(Nota.y Public) or (Military Officer’s Rank)
Q,~dA P—~ Serial Number If Military Officer
STATE OF F1ORlD~
COUNTY CF ~. c 7
The foregoing Instrument was acknowledged before me this ~P‘-1 day9N~..b-i~99O~
by LYNNDA L SPEER, who
is personally known to me; or
~ze, - -
(Notary Public) or (Military Offlcer~aRank)
S.~1il umber If Military Officer
OR ~f<373~ p13 &&1
4 of 5
12.21 1045 JBI1/d0c113448
I II 1-I I I 1
Commence at the Southeast corner of the Northwest one quarter of
Section 30, TownshIp 26 South, Range 16 East; thence run S89’03’03’W,
a distance ci 104.34 feet to the westerly right-cl-way line of U.S. Highway
19; thence run NOl -21’03’E along said westerly rfght-of-way line of U.S.
HIghway 19, a distance of 1726.53 feet to the POINT OF BEGINNING of
From said POINT OF BEGINNING of TRACT ‘A’; thence run 689’ 1O’44’W,
300.00 feet; thence run Nfl ‘21’03’E, 140.00 feet; thence run N8910’44’E,
300.00 feet to the aforementioned westerly right-of-way line of U.S.
HIghway 19; thence 601 ‘21’03’W, along saki R~W 140.00 feet to the
POINT OF BEGINNING of TRACE ‘A’.
g1~ -\-çC.A-~l N0.
OR BK 37Z3~ P13 662
S of 5
12.27 10:45 JSHfdacs/3448
III II I I I iT
COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement (“Lease”) is made and effective March
29, 2002, by and between Wing-Hay Lam and Fei-Fei Chou, Trustees of
Land Trust #100 U/AID May 30, 1986, Of (herein called “Lessor”) and
Kimberly A. Sandak, owner of Sensations Spa, of 4510 Swallowtar Dr. New
Port Richey, Florida 34652, (Herein called “Lessee”).
Lessor is the owner of land and improvements commonly known and
numbered as 2839 U.S. Highway 19, Holiday, Florida, 34691.
Lessor desires to lease the Leased Premises to Lessee, and Lessee desires
to lease the Leased Premises from Lessor for the term, at the rental and upon
the covenants, conditions and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein, contained and
other good and valuable consideration, it is agreed:
1. Term and Commencement Date.
A. Lease Term. Lessor hereby leases the Leased Premises to Lessee, and
Lessee hereby leases the same from Lessor, for an “Initial Term” beginning
April 12, 2002 and ending April 11, 2004. Lessor shall give the Lessee
possession as soon as this lease is signed which is two weeks before the
effective date of the lease, if Lessor is unable to timely provide the Leased
Premises, rent shall abate for the period of delay. Lessee shall make no other
claim against Lessor for any such delay.
B. Option to Renew. So long as Lessee is not in default under any of the
terms and conditions contained within the Lease, Lessor grants to Lessee an
option to renew the Lease for an additional five (5)at a rental rate to be
negotiated between the parities provide the increase will be no more than
10%. Lessee shall exercise such renewal option, if at all, by giving written
notice to Lessor not less than ninety (90) days prior to the expiration of the
Initial Term. The renewal term shall be at the rental set forth below and
otherwise upon the same convenants, conditions and provisions as provided
in this Lease.
C. Acceptance of Premises. Except as expressly set forth to the contrary
herein, Lessee has examined the Premises and agrees to accept them in
their present ‘as is’ condition, and Lessee agrees that neither Lessor nor
Agent has made any representation as to the present of future condition of
2. Base Rent. Base Rent, as set forth below in monthly installments in
advance, on or before the first day of each calendar month during the Lease
Term to Lessor at 217 Chris Court, Davenport, Florida 33896 or such other
place designated by written notice from Lessor or Lessee:
PERIOD MONTHLY BASE RENT
1 — 24 months $ 800.00 plus sales tax
The rental payment amount for any partial calendar months included in the
lease term shall be prorated on a daily basis.
A. Security Deposit and Prepaid Rent._ Lessee concurrently with the
execution of this lease has: deposited with Lessor a security deposit of
$800.00 as security for the full and faithful performance of every provision of
this Lease to be performed by Lessee and; paid to Lessor a first and last
month’s rent due under this Lease.
B. Late Charge. In the event Lessee fails to pay the rent assessments or
other charges due under this Lease within ten (10) days of the due date,
Lessee agrees to pay five percent (5%) of the installment ($40.00) due as a
Lessee shall use and occupy the Premises for spa business and shall not use
or occupy the Premises or permit the same to be used for any other purpose.
Lessee agrees that it will not interfere with or infringe on the use rights of the
Lessees in the Building or conduct any activity, which may injure or annoy
other Lessees of the building. Lessee shall not use or occupy the Premises
in violation of any law, ordinance, regulation or directives of any governmental
authority having jurisdiction therefore or contrary to the certificate of
occupancy issues for the building of which the Premises are a part of and
shall, upon five (5) days written notice from Lessor, discontinue any us of hte
Premises which is declared by any government al authority to be in violation
of any law, ordinance, regulation or directive of said certificate of occupancy.
Notwithstanding the forgoing, Lessee shall not use the Leased Premises for
the purposes of storing, manufacturing or selling any explosives, flammable
or other inherently dangerous substance, chemical, thing or device.
4. Sublease and Assignment
Lessee shall not, either voluntarily or by operation of law, sell, assign,
hypothecate or transfer this Lease or subject the Premises or any part thereof
or permit the Premises or any part thereof to be used for any purpose other
than as set forth in Section 3 hereof. Unless approved in writing by Lessor, at
Lessor’s role discretion, any sale, assignment, mortgage, transfer or
subletting of this Lease or the Premises or any parts hereof or thereof
contrary to the provisions of this Article shall be void and shall at the option of
Lessor, constitute a Default under this Lease.
During the Lease term, Lessee shall make, at Lessee’s expense, all
necessary repairs to the Leased Premises. Repairs shall include such items
as routine repairs of floors, walls, ceilings, and other parts of the Leased
Premises damaged or worn through normal occupancy, except for major
mechanical systems or the roof, subject to the obligations of the parties
otherwise set forth in this Lease.
6. Alterations and Improvements.
Lessee, at Lessee’s expense, shall have the right following Lessor’s consent
to remodel, redecorate, and make additions, improvements and replacements
of and to all or any part of the Leased Premises from time to time as Lessee
may deem desirable, provided the same are made in a workmanlike manner
and utilizing good quality materials. Lessee shall have the right to place and
install personal property, trade fixtures, equipment and other temporary
installations in and upon the Leased Premises, and fasten the same to the
premises. All personal property, equipment, machinery, trade fixtures and
temporary installations, whether acquired by Lessee at the commencement of
the Lease term or placed or installed on the Leased Premises by Lessee
thereafter, shall remain Lessee’s property free and clear of any claim by
Lessor. Lessee shall have the right to remove the same at any time during the
term of this Lease provided that all damage to the Leased Premises caused
by such removal shall be repaired by Lessee at Lessee’s expense.
7. Property Taxes.
Lessor shall pay, prior to delinquency, all general real estate taxes and
installments of special assessments coming due during the Lease term on the
Leased Premises, and all personal property taxes with respect to Lessor’s
personal property, if any, on the Leased Premises. Lessee shall be
responsible for paying all personal property taxes with respect to Lessee’s
personal property at the Leased Premises.
A. Damage or Destruction. If the Leased Premises or any other party of the
Building is damaged by fire or other casualty resulting from any act or
negligence of Lessee or any of Lessee’s agents, employees or invitees, rent
shall not be diminished or a bated while such damages are under repair, and
Lessee shall be responsible for the costs of repair not covered by insurance.
B. Property Insurance. Lessor shall maintain fire and extended coverage
insurance on the Building and the Leased Premises in such amounts, as
Lessor shall deem appropriate. Lessee shall be responsible, at its expense,
for fire and extended coverage insurance on all of its personal property,
including removable trade fixtures, located in the Leased Premises.
C. Liability Insurance. Lessee and Lessor shall, each at its own expense,
maintain a policy or policies of comprehensive general liability insurance with
respect to the respective activities of each in the Building with the premiums
thereon fully paid on or before due date, issued by and binding upon some
insurance company approved by Lessor, such insurance to afford minimum
protection of not less than $1 ,000,000 combined single limit coverage of
bodily injury, property damage or combination thereof. Lessor shall be listed
as an additional insured on Lessee’s policy or policies of comprehensive
general liability insurance, and Lessee shall provide Lessor with current
Certificates of Insurance evidencing Lessee’s compliance with this Paragraph.
Tenant shall obtain the agreement of Lessee’s insurers to notify Lessor that a
policy is due to expire at least (10) days prior to such expiration. Lessor shall
not be required to maintain insurance against thefts within the Leased
Premises or the Building.
Lessee shall pay all charges for gas, telephone and other services and
utilities used by Lessee on the Leased Premises during the term of this Lease
unless otherwise expressly agreed in writing by L and lord. In the event that
any utility or service provided to the Leased Premises is not separately
metered, Lessor shall pay the amount due and separately invoice Lessee for
Lessee’s pro rata share of the charges. Lessee shall pay such amounts within
fifteen (15) days of invoice1. Lessee acknowledges that the Leased Premises
are designed to provide standard office use electrical facilities and standard
office lighting. Lessee shall not use any equipment or devices that utilizes
excessive electrical energy or which may, in Lessor’s reasonable opinion,
overload the wiring or interfere with electrical services to other Lessees.
Following Lessor’s consent, Lessee shall have the right to place on the
Leased Premises, at locations selected by Lessee, any signs which are
permitted by applicable zoning ordinances and private restrictions. Lessor
may refuse consent to any proposed signage that is in Lessor’s opinion too
large, deceptive, unattractive or otherwise inconsistent with or inappropriate
to the Leased Premises or use of any other Lessee. Lessor shall assist and
cooperate with Lessee in obtaining any necessary permission from
governmental authorities or adjoining owners and occupants for Lessee to
place or construct the foregoing signs. Lessee shall repair alJ damage to the
Leased Premises resulting from the removal of signs installed by Tenant.
Lessor shall have the right to enter upon the Leased Premises at reasonable
hours to inspect the same, provided Lessor shall not thereby unreasonably
interfere with Lessee’s business on the Leased Premises.
‘Note: The Lessee is given an allowance of $120.00 per month for water and electricity services. An i
invoice along with the electricity bill will be issued to Lessee when the electricity bill is over the allowance.
Lessee should pay the difference within fifteen (15) days.
During the term of this Lease, Lessee shall have the non-exclusive use in
common with Lessor, other Lessees of the Building, their guests and invitees, i
of the non-reserved common automobile parking areas, driveways, and
footways, subject to rules and regulations for the use thereof as prescribed
from time to time by Lessor. Lessor reserves the right to designate parking
areas within the Building or in reasonable proximity.
13. Building Rules.
Lessee will comply with the rules of the Building adopted and altered by
Lessor from time to time and will cause all of its agents, employees, invitees
and visitors to do so; all changes to such rules will be sent by Lessor to
Lessee in writing. The initial rules for the Building are attached hereto as
Exhibit “A” and incorporated herein for all purposes.
14. Damage and Destruction.
Subject to Section 8 A. above, if the Leased Premises or any part thereof or
any appurtenance thereto is so damaged by fire, casualty or structural defects
that the same cannot be used for Lessee’s purposes, then Lessee shall hay e
the right within ninety (90) days following damage to elect by notice to Lessor
to terminate this Lease as of the date of such damage. In the event of minor
damage to any part of the Leased Premises, and if such damage does not
render the Leased Premises unusable for Lessee’s purposes, Lessor shall
promptly repair such damage at the cost of the Lessor. In making the repairs
called for in this paragraph, Lessor shall not be liable for any delays resulting
from strikes, governmental restrictions, inability to obtain necessary materials
or labor or other matters which are beyond the reasonable control of Lessor.
Lessee shall be relieved from paying rent and other charges during any
portion of the Lease term that the Leased Premises are inoperable or unfit for
occupancy, or use, in whole or in part, for Lessee’s purposes. Rentals and
other charges paid in advance for any such periods shall be credited on the
next ensuing payments, if any, but if no further payments are to be made, any1
such advance payments shall be refunded to Lessee. The provisions of this
paragraph extend not only to the matters aforesaid, but also to any
occurrence which is beyond Lessee’s reasonable control and which renders
the Leased Premises, or any appurtenance thereto, inoperable or unfit for
occupancy or use, in whole or in part, for Lessee’s purposes.
If default shall at any time be made by Lessee in the payment of rent when
due to Lessor as herein provided, and if said default shall continue for fifteen
(1 5) days after written notice thereof shall have been given to Lessee by
Lessor, or if default shall be made in any of the other covenants or conditions
to be kept, observed and performed by Lessee, and such default shall
continue for fifteen (15) days after notice thereof in writing to Lessee by
Lessor without correction thereof then having been commenced and
thereafter diligently prosecuted, Lessor may declare the term of this Lease
ended and terminated by giving Lessee written notice of such intention, and if
possession of the Leased Premises is not surrendered, Lessor may reenter
said premises. Lessor shall have, in addition to the remedy above provided,
any other right or remedy available to Lessor on account of any Lessee
default, either in law or equity. Lessor shall use reasonable efforts to mitigate
Upon Notice of default in the performance of any term, covenant or condition
of this Lease, other than the payment of Rent or other sums, Lessee agrees
to cure or proceed with due diligence to cure such default within twenty (20)
days of the Notice. lf Lessee shall fail to do so, Lessor may, at its option,
cure the Default in which case all costs and expenses, including reasonable
attorney’s fees, incurred by Lessor, together with interest at one and one-half
percent (1 ½%) per month shall be deemed to be Additional Rent to be paid
by Lessee, said payment due on the next regular Base Rent payment date.
16. Quiet Possession.
Lessor covenants and warrants that upon performance by Lessee of its
obligations hereunder, Lessor will keep and maintain Lessee in exclusive,
quiet, peaceable and undisturbed and uninterrupted possession of the
Leased Premis es during the term of this Lease.
If any legally, constituted authority condemns the Building or such part thereof
which shall make the Leased Premises unsuitable for leasing, this Lease shall
cease when the public authority takes possession, and Lessor and Ten ant
shall account for rental as of that date. Such termination shall be without
prejudice to the rights of either party to recover compensation from the
condemning authority for any loss or damage caused by the condemnation.
Neither party shall have any rights in or to any award made to the other by the
Lessee accepts this Lease subject and subordinate to any mortgage, deed of
trust or other lien presently existing or hereafter arising upon the Leased
Premises, or upon the Building and to any renewals, refinancing and
extensions thereof, but Lessee agrees that any such mortgagee shall have
the right at any time to subordinate such mortgage, deed of trust or other lien
to this Lease on such terms and subject to such conditions as such
mortgagee may deem appropriate in its discretion. Lessor is hereby
irrevocably vested with full power and authority to subordinate this Lease to
any mortgage, deed of trust or other lien now existing or hereafter placed
upon the Leased Premises of the Building, and Lessee agrees upon demand
to execute such further instruments subordinating this Lease or attaining to
the holder of any such liens as Lessor may request. In the event that Lessee
should fail to execute any instrument of subordination herein require d to be
executed by Lessee promptly as requested, Lessee hereby irrevocably
constitutes Lessor as its attorney-in-fact to execute such instrument in
Lessee’s name, place and stead, it being agreed that such power is one
coupled with an interest. Tenant agrees that it will from time to time upon
request by Lessor execute and deliver to such persons as Lessor shall
request a statement in recordable form certifying that this Lease is unmodified
and in full force and effect (or if there have been modifications, that the same
is in full force and effect as so modified), stating the dates to which rent and
other charges payable under this Lease have been paid, stating that Lessor is,
not in default hereunder (or if Lessee alleges a default stating the nature of
such alleged default) and further stating such other matters as Lessor shall
19. Security Deposit.
The Security Deposit shall be held by Lessor without liability for interest and
as security for the performance by Lessee of Lessee’s covenants and
obligations under this Lease, it being expressly understood that the Security
Deposit shall not be considered an advance payment of rental or a measure
of Lessor’s damages in case of default by Lessee. Unless otherwise provided
by mandatory non-waivable law or regulation, Lessor may commingle the
Security Deposit with Lessor’ s other funds. Lessor may, from time to time,
without prejudice to any other remedy, use the Security Deposit to the extent
necessary to make good any arrearages of rent or to satisfy any other
covenant or obligation of Lessee hereunder. Following any such application of
the Security Deposit, Lessee shall pay to Lessor on demand the amount so
applied in order to restore the Security Deposit to its original amount. If
Lessee is not in default at the termination of this Lease, the balance of the
Security Deposit remaining after any such application shall be returned by
Lessor to Lessee. If Lessor transfers its interest in the Premises during the
term of this Lease, Lessor may assign the Security Deposit to the transferee
and thereafter shall have no further liability for the return of such Security
Any notice required or permitted under this Lease shall be deemed sufficiently
given or served if sent by United States certified mail, return receipt
requested, addressed as follows:
If to Lessor to:
Wing-Hay Lam and Fei-Fei Chou
217 Chris Court.
Davenport, Florida, 33fl~’
If to Lessee to:
Kimberly A. Sandak
4510 Swallowtar Dr. New Port Richey, Florida 34652
Lessor and Lessee shall each have the right from time to time to change the
place notice is to be given under this paragraph by written notice thereof to
the other party.
Lessee represents that Lessee was not shown the Premises by any real
estate broker or agent and that Lessee has not otherwise engaged in, any
activity which could form the basis for a claim for real estate commission,
brokerage fee, finder’s fee or other similar charge, in connection with this
No waiver of any default of Lessor or Lessee hereunder shall be implied from
any omission to take any action on account of such default if such default
persists or is repeated, and no express waiver shall affect any default other
than the default specified in the express waiver and that only for the time and
to the extent therein stated. One or more waivers by Lessor or Lessee shall
not be construed as a waiver of a subsequent breach of the same covenant,
term or condition.
23. Memorandum of Lease.
The parties hereto contemplate that this Lease should not and shall not be
filed for record, but in lieu thereof, at the request of either party, Lessor and
Lessee shall execute a Memorandum of Lease to be recorded for the purpose
of giving record notice of the appropriate provisions of this Lease.
The headings used in this Lease are for convenience of the parties only and
shall not be considered in interpreting the meaning of any provision of this
The provisions of this Lease shall extend to and be binding upon Lessor and
Lessee and their respective legal representatives, successors and assigns.
Lessor shall not unreasonably withhold or delay its consent with respect to
any matter for which Lessor’s consent is required or desirable under this
If there is a default with respect to any of Lessor’s covenants, warranties or
representations under this Lease, and if the default continues more than
fifteen (15) days after notice in writing from Lessee to Lessor specifying the
default, Lessee may, at its option and without affecting any other remedy
hereunder, cure such default and deduct the cost thereof from the next
accruing installment or installments of rent payable hereunder until Lessee
shall have been fully reimbursed for such expenditures, together with interest
thereon at a rate equal to the lessor of twelve percent (12%) per annum or th~
then highest lawful rate. If this Lease terminates prior to Lessee’s receiving
full reimbursement, Lessor shall pay the unreimbursed balance plus accrued
interest to Lessee on demand.
28. Compliance with Law.
Lessee shall comply with all laws, orders, ordinances and other public
requirements now or hereafter pertaining to Lessee’s use of the Leased
Premises. Lessor shall comply with all laws, orders, ordinances and other
public requirements now or hereafter affecting the Leased Premises.
29. Surrender of premises
At the expiration or termination of this Lease, Lessee shall surrender the
Premises to Lessor broom clean and in as good a condition and repair as
reasonable and proper. If not then in Default, Lessee shall have the right at
the end of the Lease to remove any equipment, furniture, trade fixtures or
other personal property placed in the Premises by Lessee provided that
Lessee promptly repairs any damage to the Premises or the Building caused
by such removal. Any Liability of Lessee hereunder shall survive termination
of this Lessee, whether by expiration of the Lease, eviction or otherwise. If
Lessee fails to remove any property belonging to it within thirty (30) days of
the Lessor’s Notice to remove such property or subsequent to a court order
directing such removal, then all such property shall be deemed abandoned by
Lessee and shell become the property of Lessor.
If, during the Lease, Lessee or any guarantor of Lessee’s obligations
hereunder, commits or permits to be committed any act of Bankruptcy or
insolvency, Lessor May at its election, terminate this Lease by giving not
less than three (3) days written Notice to Lessee and when so terminated,
Lessor may re-enter the Premises. The Leasehold interests created by this
Lease shall not be treated as an asset of Lessee’s or guarantor’s estate. It is
further understood and agreed that Lessor shall be entitled, upon such re-
entry and notwithstanding any other provisions of this Lessee, to exercise
such rights and remedies and to recover from Lessee or any guarantor of
Lessee, as damages for loss of the bargain resulting from such breach and
not as a penalty, such amounts as are specified in Section 1 5 hereof unless
any statue or rule of law governing a proceeding in which such damages are
to be proved shall lawfully limit the amount of such claims capable of being sc
proved, in which case Lessor shall be entitled to recover as liquidated
damages the maximum amounts which may be allowed under any such
statue or rule of law.
31. Attorney’s Fee
In the event that any legal matter, dispute, action or proceeding exists or is
commenced by or between Lessor and Lessee under this Lease, Lessee
shall be liable for and shall pay Lessor for the expense of Lessor’s attorney’s
fees in such matter. If either party hereto without fault is made a party to any
litigation instituted by or against any other party to this Lease, such other
parties shall indemnity and hold harmless Lessor or Lessee, as the case may
be, against all costs and expenses, including reasonable attorney’s fee
incurred in connection therewith.
32. Final Agreement.
This Agreement terminates and supersedes all prior understandings or
agreements on the subject matter hereof. This Agreement may be modified
only by a further writing that is duty executed by both parties.
IN W1TNESS WHEREOF, the parties have executed this Lease as of the day
and year first above written.
WING-HAY LAM, Trustee of Land
A) Trust#100 U/A/D May 30, 1986
Fei-Fei Chow, Trustee of Land
Trust#100 UIA/D May 30, 1986
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instrument was acknowledged before me this ,.27 day of March, by
Wing-Hay Lam, and Fei-Fei Chou, Trustee under Land Trust #100 U/A/D May 30, 1986, who
has produced ~ as identification, and who did take an
/~ j4 ~ (2c~ ~g &~L3~