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Dominos Lease - Lofty Holding 621 E Le Claire Road LLC.pdf

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LEASE AGREEMENT THIS LEASE is made effective as of this 1st of April 2021, by and between HH Eldridge LLC ("Landlord") and (Ocel’s Enterprises Inc., a Iowa corporation ("Tenant"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, for themselves, their heirs, successors and assigns, hereby covenant and agree as follows: ARTICLE I - LEASE Section 1.01 - Premises. For good and valuable consideration, Landlord leases to Tenant, and

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LEASE AGREEMENT
THIS LEASE is made effective as of this 1st of April 2021, by and between
HH Eldridge LLC ("Landlord") and (Ocel’s Enterprises Inc., a Iowa
corporation ("Tenant").
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, for themselves, their heirs, successors and assigns,
hereby covenant and agree as follows:
ARTICLE I - LEASE
Section 1.01 - Premises. For good and valuable consideration, Landlord leases
to Tenant, and Tenant leases from Landlord, approximately 1,670 square feet commonly
known as 619 E. LeClaire Road Eldridge, Iowa 52748 ("Premises") as shown on the
Site Plan ("Site Plan") attached hereto as Exhibit A and made a part hereof. The
Premises is located within the McDonalds Center ("Center'') legally described on Exhibit
A attached hereto and made a part hereof.
Section 1.02 - Term. (a) The original term of this Lease ("Term") shall commence
on the 11th of June 2021 upon full execution by both parties ("Commencement Date") and
continue for a period of ten (10) years following the "Rent Commencement Date." The
"Rent Commencement Date" shall be 60 days after the "Delivery Date" (defined below).
If the Rent Commencement Date occurs on a date other than the first day of a
calendar month, the Original Term shall be for a period of ten (10) years, plus the
remaining portion of the month in which the Rent Commencement Date occurs, beginning
on the Rent Commencement Date.
Section 1.03 - Renewal Term. As long as Tenant is not in default under this
Lease, Tenant shall have the option to renew this Lease for up to five (5) additional
periods of five (5) years each (the "Renewal Terms"). Said option to renew shall expire
and be of no force or effect unless exercised by Tenant giving written notice of Tenant’s
Intent to renew to Landlord at least ninety (90) days prior to the expiration of the original
Term or each Renewal Term. All of the terms, conditions and provisions of this Lease
shall remain in full force and effect during the Renewal Terms, except that Base Rent shall
be increased as described in Section 2.01. Any termination of this Lease shall serve to
terminate this renewal option whether or not Tenant shall have exercised same.

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Section 1.04 - Use of Premises. Tenant covenants and agrees during the Term
of this Lease to use and to occupy the Premises only for the operation of a Dominos
restaurant and other business related operations consistent with Tenant's business
operations as a Dominos restaurant and applicable zoning laws. Tenant is specifically
prohibited from the following uses: (i) the operation of a business whose primary purpose
is the rapid preparation and service of hamburgers for off-premises consumption; (ii) any
eating/drinking facility having pedestrian walk-up or a vehicular drive thru or drive-up
located on the premises; (iii) the operation of any of the following brand-name food service
restaurants; Arby's, Burger King, Carl's Jr., Culvers, Caribou Coffee, KFC, Sonic,
Starbucks, Taco Bell, Taco Johns, or Wendy's. Tenant shall not allow the following on the
leased Premises: pornographic materials or magazines, sexually-oriented materials, drug
paraphernalia, firearms or ammunition, fireworks, live bait, or any items that are illegal.
Tenant is also prohibited from the following activities on the leased premises: gambling;
the operation of an adult book store or adult theatre; the operation of an adult amusement
facility or any other facility selling, distributing, or displaying pornographic or sexually
explicit materials or having such displays; or the operation of any facility selling,
distributing, or displaying drug paraphernalia, firearms, ammunition, or fireworks.
Section 1.05 - Use of Common Areas. Tenant and its customers and employees
may use the access areas, loading docks, parking areas, sidewalks, and other "Common
Areas" (in section 3.02) on a non-exclusive basis in common with other tenants,
employees and invitees of Landlord and parties to whom the right to use the Common
Areas has been or is hereafter granted. In addition, Landlord hereby agrees that Tenant
shall be entitled to use (i) the portion of the roof of the building directly above the Premises
in which the Premises are located for Tenant's heating, ventilation and air-conditioning,
exhaust system and other mechanical equipment, and for Tenant's satellite dish for
reception of music and other signals, (ii) such portion of
· the Common Areas as Tenant may reasonably require for Tenant's grease interceptor in a
location to be approved by Landlord and installed at Tenant's cost, (iii) a trash storage area
and container in compliance with applicable code requirements to be provided by Landlord in
the location designated as the ''Trash Storage Area" on Exhibit A attached hereto, and (iv)
an area for Tenant's grease barrel and grease interceptor in compliance with applicable code
requirements to be provided by Landlord in accordance with Exhibit
D. Tenant covenants and agrees that Tenant shall not, during the term of this Lease, without
the prior consent of the Landlord which shall not be unreasonably withheld, conditioned, or
delayed, use any portion of the sidewalk around the premises or the patio area around the
premises for any purpose excepting customer and employee ingress and egress.
Section 1.06 - Quiet Enjoyment. Subject to payment by Tenant of the Rent and
upon Tenant's observance and performance of all covenants, terms and conditions of
this Lease, Tenant shall peaceably and quietly hold and enjoy the Premises for the term
hereby demised, without hindrance or interruption by Landlord subject, nevertheless, to
all the terms and conditions of this Lease.

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