HomeMy WebLinkAboutC2007-395 - 11/20/2007 - Approved~ r k
TEA ~~IATIO 0~` REALT~R~
~~II~ERIAL LEASE
U5E OF THIS FORM BY PERSONS WIiO ARE NpT MEMBERS OF THE TEAS ASSDCIATIOf~ OF REALTQRS~ FS 1~aT AUTHORIZED,
Texas Association of REALTDRS~, Inc. 2006
Ta~ie of ont~nt
No. Para ra h Decri Lion Pte.
1. Parties ~
~. Leased Premises ~
. Term ~
A, Terre
~. Delay of Occupancy
4. Rent and Expenses
A. Base Monthly bent
~~ First Full Month's Rent
~. Prorated Rent
D. Additional Rent
E. Place of Payment
F. Method of Payment
. Late charges
H. Returned checks
5. Security Deposit 4
G. Taxes 4
7. Utilities 4
8. Insurance ~
9. Use and Hours
~ 0, Legal ~omplince ~
'i ~ . Signs ~
~ 2. Access By Landlord ~
1 Mave-ln condition 7
~~. Mave-hut condition 7
~ ~, Maintenance and Repairs 7
A. gleaning
B. conditions paused by a Party
. Repair Maintenance Responsibility
D. Repair Persons
E. HVA Service contract
F. common Areas
Notice of Repairs
H. Failure to Repair
~ G, Alterations 9
1 ~. Liens
~ S. Liabi I ity 9
t Indemnity 9
2g. Default g
~1. Abandonment, Interruption of Utilities+
Removal of Property & Lockout 1a
No. Pa~aph Descriptive Pte,
~~. Holdover ~~
~. Landlord's Lien & Security I nterest ~ a
~4. Assignment and Subletting 1~
~5. Relocation 'I ~
~5~ Subordination ~~
~~. Estoppel certificates 1 ~
~8. casualty Lass 1 ~
~9. andernnatian 1~
3Q. Attorneys Fees 1~
~ ~ . Representations 1 ~
~~. Brokers ~ ~
~. Addenda 1 ~
4. Notices 13
~. Special Provisions 1
6. Agreement of the Parties ~4
ADDENDA $~ E~HI~IT ~checka~lthata
~ Exhibit "A" NON-REALTY ITEM INVENTORY
^ Exhibit
^ Commercial Lease Addendum far Broker's Fee
^ Commercial Lease Expense Reimbursement
Addendum
^ Commercial Lease Addendum for Extension
Option
^ Commercial Lease Addendum for Percentage
Rent
^ Commercial Lease Parking Addendum
^ Commercial Landlord's Rules and Regulations
^ Commercial Lease Guaranty
^ Commercial Lease Right of First Refusal
Addendum
^ Commercial Lease Addendum for Optional
Space
a Commercial Leasehold Construction Addendum
~U07-39 :ific~tion ~y tenant; , and ~andl~rd; ,
~~~~~~~~ Christi T~ 78413
~~.~, ~~'~~~~ 27 Steve R~7berts Realty Associate
CE FormsNet, I.LC 18D25 Fifteen Mice Read, Clinton Townsi~i~, Michigan 4803 www.zi form.eom
Gilliam Dennis balker III .
Page ~ of 14
1921 Mestina,z
~i~
TEXAS ASSOCIATION OF REALTORS
COMMERCIAL LEASE
~lSE QF THIS FARM BY PERSONS WHO ARE NOT MEMBERS OF THE TEAS A550CIATION DF REALTORS IS NOT AUTHORIZE=D.
QTexas Association of Rl;ALTOl~S~, Inc. 2005
1. PARTIES: The parties to this lease are:
Tenant; CITE ~F CoRPUS CHRISTI
101 LECP~iRD HT ~RPU~ CHRISTI T~ 7801 ; ~~~
Landlord: WILLIAM ~ENNT H WL~tER I I i
P.C, SCE 92 CoRP~ CHRISTI TX 78483 .
~. LEASED PREMIE:
A. ~.andlard leases to Tenant the fallowing described real property, known as the "leased premises,}'along
with all its impraver~ents Check or~1y orile box}:
~~ ~ AAA il~in~a_Tnn~nf Dr~n erFtr; quite or Unit Nur~ber
square feet of rentable area in
at
(address} in (city),
Texas, which is legally described on attached Exhibit
{project name)
(county),
or as follows:
[~ (2) Single-Tenant Prapertx: The real property at: 7.921 MESTTNA
CORPUS CHR25Ti TX 784Q8 (address in
CORPUS CHRISTI (~jty), NUECES (COU!?fy), Texas, WhICh
is legally described on attached Exhibit or as follows:
LOTS 6 AND 7, BLOCK A. MISSOURI ZMPROVEMEN'1' COMPANY TRACT
CITY OF CORPUS CHRISTI COUNTY OF NUECES TEXAS
B. If Paragraph ~A~~ }applies:
~1 } "Property" means the building or complex in which the leased premises are located, inclusive of
any cor~mon areas, drives, parking areas, and walks; and
~~} the parties agree that the rentable area o~the leased premises may not equal the actual ar useable
area within the leased premises and may include an allocation of common areas in the Property.
. TERIVI:
A, Term: The term of this lease i ~ months and 0 days, cornr~encing an:
December 1 200 (Commencement Date) anct ending on
Januar 31 2oii {Expiration Date}.
containing approximately
~'AR-~1~~} ~-~-0~ Initialed for Identification by Tenant: , ~...~ ,and Landlord: Page ~ of 14
Produced with ZipFormT"" by RE FormsNet, LLC i8025 Fifteen Mite Road, Clinton Township, Michigan 45035 www.ziBform,com 191 Mestir~a.~
1921 Ni~TINA `
commercial Lease concerning; CORPC~S CHRISTI TX 78408
6. Delay of Occupancy: If Tenant i unable to occupy the leased premises on the ~Ommencement Date
because of construction on the leered premises to be completed by Landlord that is not substantially
complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay, the omr~encement
Da#e will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date gill also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the
commencement bate because of construction on the leased premises to be completed by Landlord
that is not substantially complete or ~ prior tenant's holding over of the leased premises, Tenant nay
terminate this lease by giving written notice to Landlord before the leased premises became available
tv be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning ar repairs,
. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy far
the leased premises if required by a governmental body.
4. RENT ANa E~CPENE:
A. Base Monthly RentF Qn or before the first day of each month during this lease, Tenant v~rill pay
Landlord base monthly rent as described on attached Exhibit or as follows:
front De~erp~ber 1 2007 t0
from _ . F~r~~~y ~ r ~a08 to
from _. February ~, ~ X009 to
from ~"ebruary 1, 20~~ {~ to
from to
_.- _ ar~ua~y 31 ~ ~ a ~ 8
Januar~- 31, 2~~9 ;
J'~~ua~~ ~ 1 ~ 2 0 ~.0
~Tanuary 31, 2011
2~f800.00;
29~G~4~~~;
B. First Full Month's Rents The first full base monthly rent is due on ar before December ~, 2007 ,_
ANNU~iL LEASE PAY`ENT~ IN AD~~NCE START ~'~~RU~iR~ 1 2008 ,
C. Prorated Rent: If the ommencen~ent Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following
fractions the number of days from the Dommencernent Date to the first day of the following month
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Dor~r~encement Date.
D. Additional Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all
other amounts, as provided by the attached {Check all that apply.):
^ (1) Commercial Expense Reimbursement Adcfendum
^ (2) Commercial Percentage Rent Addendum
^ (3) Commercial Parking Addendum
^ !4)
..
All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this
lease.
E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name: DENNI S WAL~R
Address. P.O. ~~ 292 ~ CORPUS CHRISTI ~ T~ 784~~
F, Method of Payment: Tenant must pay all rent tirr~ely without demand, deduction, or offset, except as
permitted by law or this lease If Tenant fails to timely pay an~r amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlard after
STAR-211} 5-~B-a6 Initialed for Identification ~y Tenant: ,and Landlard: Page 3 of ~4
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omrnerciai Lease concerning: CORPUS CHRI~'~ ~--- T~ 784a8 ,.~.
providing written notice to Tenant may require Tenant to pair subsequent amaun# that became due
under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies
under this lease for Tenant's failure to make tirr~ely payments with goad funds.
. Late harges: If Landlord does not actually receive a rent payment at the designated place of payment
within ~ days after the date it is due, Tenant will pay Landlord a late charge equal to ~°lo of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord The late charge is a post
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 2g.
i--I. Returned checks: Tenant will pay ~ 5 . ~ ~ ~rro~ to exceea~ ~~ for each check
Tenant tenders to Landlord which is returned ~y the institution an which it is drawn for any reason, plus
any late charges until Landlord receives payment.
~. PURITY DEP~IT:
A. Upon execution of this lease, Tenant will pay rro ~cv~z~~ ~E~asr~ to Landlord as a security
deposit.
B. Landlord may apply the security deposit to any amounts aged by Tenant under this lease. if Landlord
applies any part of the security deposit during any time this lease is in effect to arnaunts owed by
Tenant, Tenant must, within ~ 0 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
~. Within O days after Tenant surrenders the leased premises and provides Landlord written native of
Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward
amounts awed by Tenant or other charges authorized by this lease.
fi. T~4XE: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes
assessed against the leased premises.
7. UTILITIES:
A. The party designated below will pay for the fallowing utility charges to the leased premises and any
connection charges for the utilities. (Check all thaf apply.)
NIA Landlord Tenant
(1) Water d d a
{2) Sewer ^ ^ ~
{3) Electric ^ ^ ~
{4) Gas ^ ^ a
(5) Telephone ^ ^ ~
(6) Trash ^ ^ ~
{7) Cable ^ ^ ~
($) Securit Alarm s stem ^ ^ x[~
(9} All other utilities ^ ^ ~
B. The party responsible for the charges under Paragraph ~~ will pay the charges directly to the utility
service provider. The responsible party may select the utility service provider except that if Tenant
selects the provider, any access or alterations to the Property or leased premises necessary for the
utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold.
If Landlord incurs an~r liability far utility or connection charges for which Tenant i responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord such amount,
STAR-~1Q1} 5-2G-0~ Initialed for Identification by Tenant: , ~ ,and Landlord: Page 4 of ~4
Produced with ~~pFormTM' by R~ FormsNet, PLC 1805 Fifteen Mile Road, Clinton Township, Michigan 48~3~ www.zipform.com 121 Mesti~a.z
191 METTNA
commercial Lease concerning: CORPUS ~HRT~TT T~ 78408
. I~o~: Tenant should determine if all necessary ~tiiities are available to the leased premises and
are adequate for Tenants intended use.
D. After-Hours HVA C,har~es: "HVA services" means heating, ventilating, and air conditioning of the
leased premises, ~~f~eck ore box ors{y,~
^ ~'I } Landlord is obligated to provide the HVA services tv the leased premises only during the
Property's operating hours specified under Paragraph D.
^ ~~} Landlord vuill provide the HVA~ services tv the leased premises during the operating hours specified
under Paragraph g far no additional charge and will, at Tenant's request, provide HIlAD
services tv the leased premises during other hours far an additional charge of
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoice. Hourly charges are charged on a half hour basis. Any partial hour will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request
to provide the additional H11AC services under this paragraph.
~ ~} Tenant will pay for the HIIA~ services under this lease
~. INu~AN~E:
A. During all times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and effect
from an insurer authorized to operate in Texas:
{~ } public liability insurance in an amount not less than ~ ,~0~,000.~~ on an occurrence basis naming
Landlord as an additional insured; and
~2~ personal property damage insurance for Tenant's business operations and contents on the leased
premises in arr amount sufficient to replace such contents after a casualty loss.
B. Before the ~Qmmencement Date, Tenant must provide Landlord with a copy of insurance certificates
evidencing the required coverage, If the insurance coverage i renewed yr changes in any manner ar
degree at any tine this lease is in effect, Tenant must, not later than ~ ~ days after the renewal or
change, provide Landlord a dopy of an insurance certificate evidencing the renewal yr change.
D. if Tenant fails to maintain the required insurance in full force and effect at all times this lease is ire effect,
Landlord may:
~~ } purchase insurance that will provide Landlord the same coverage as the required insurance and
Tenant must immediately reimburse Landlord fvr such expense; ar
~2} exercise Landlord's remedies under Paragraph ~~.
D. Unless the parties agree otherwise, Landlord will maintain in full force and effect insurance for: ~~~ fire
and extended coverage in an amount to cover the reasonable replacement cast of the irr~provements of
the Property; and ~~} any public liability insurance in an amount that Landlord determines reasonable
and appropriate,
EF If there is an increase in Landlord's insurance premiums for the leased premises or Property yr its
contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by
or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be
equal to the actual amount of the increase in Landlord's insurance premium.
9. USE AND H~UR~:
A. Tenant may use the leased premises for the follavwring purpose and no other: OITY of co~PU
OH1~IaTI FIRE DEPARTMENT STORAGE AND E UTPMENT REPAIR
STAR-~~ 01 } ~-2~~OG Initialed far Identification by Tenon#:
,and Landlord: ,
Page 5 of ~ 4
191 Mestina.z
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191 ME~T~NA ~ .
commercial lease cencern~ng: CDRP~J ~~iRITI T~ '184a8
B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased
premises during business hours that are typical of the industry in which Tenant represents it operates.
C. The Property maintains operating hours of ~pecrfy fours, a~ays a~ week, and i~ inc~ufv or exc~crsi{ve of
weekends aid holicfays~: ~ NEEDED BY TENAI~~'
~ Q. LEGAL QOM PLIAN~~:
A. Tenant may not use or permit any part of the leased premises or the Property to be used for:
~1 } any activity which is a nuisance or is offensive, noisy, ar dangerous;
~2} any activity that interferes with any other tenant's normal business operations or Landlord's
management of the Praperky;
~} any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant,
governmental order, owners' association rules, tenants' association rules, Landlord's rules ar
regulations, arthis lease;
~4} any hazardous activity that would require any insurance premium on the Property ar leased premises
to increase ar that would void any such insurance;
~~} any activity that violates any applicable federal, state, or local law, including but not limited to those
laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions, ar otherenvironmental matters;
~~~ the permanent or temporary storage of any hazardous material; ar
~~} ~
B "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material,
hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law,
regulation, ordinance, or rule existing as of the date of this lease or laterenacted.
. Landlord does not represent or warrant that the feared premises ar Property conform to applicable
restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio
requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that
the leased remises ma be used as Tenant intends b inde endentl investi atin all matters related to
the use of the leased remises or Pro art . Tenant a roes that it is not rel in on an warrant or
re resentation made b Landlord Landlord's a ant or an broker concernin the use of the leased
remises or Pro art
~ ~. ICN:
A, Tenant may not post or paint any signs at, on, or about the leased premises or Property without
Landlord's written consent. Landlord may remove any unauthorized sign} and Tenant will promptly
reimburse Landlord far its cost to remove any unauthorized sign,
B. Any authorized sign must comply with ail laws, restrictions, zoning ordinances, and any governmental
artier relating to signs on the leased premises or Property. Landlord may temporarily remove any
authorized sign to complete repairs or alterations to the leased premises or the Property.
. ~y providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
ar all signs that mere placed on the Property or leased premises by or at the request of Tenant. Any
signs that Landlord does not require Tenant to remove and that are fixtures, became the property of the
Landlord and must be surrendered to Landlord at the time this lease ends.
STAR-21 D1 ~ 5-~~-Q6 Initialed fvr ldenti~cat~on by Tenant: ~ , ,and Landlord: , ~ Page B of 1 ~
Produced with ZipForm~' by RE Formshlet, ~~C 1025 Fifteen Mile Road, Glintor! Township, Mick~ig~n 4835 www.aipform.cam 1921 ~estina.~
' 1921 ETINA
ommerci~l Lease concerning: aRPU CHRI~~I T~ ?84oB
~ ~. ADCE BY LANDLORD:
A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable
purpose, including but not limited to purposes far repairs, maintenance, alterations, and showing the
leased premises to prospective tenants or purchasers. Landlord may access the leased premises after
Tenant's narmal business hours if: {~ }entry is made with Tenant's permission; ar ~~} entry is necessary
to complete emergency repairs. Landlard will not unreasonably interfere with Tenant's business
operations when accessing the leased premises.
B. During the last ~~ days of this lease, Landlord may place a "For Lease" ar similarly warded sign in
the leased premises.
~13.11~~VE-IN DONDITI~N: Tenant has inspected the leased premises and accepts it in its present has-i}
condition unless expressly noted otherwise in this lease. Landlard and an reagent have made no express ar
im lied warranties as to the condition ar ermitted use of the leased remises ar Rro ert .
~4. I~O11E-BUT D~NDITI~N AND FORFEITURE ~F TENANT'a PER~NAL PROPERTY:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition a when
received, excep# far narmal wear and tear. Tenant will leave the leased premises in a clean condition
free of all trash, debris, persanal property, ha~ardaus materials, and environmental contaminants.
B. If Tenant leaves any persanal property in the leased premises after Tenant surrenders possession of the
leased premises, Landlard may: ~~ } require Tenant, at Tenant's expense, to remave the personal
property by providing written native to Tenant; or {~} retain such persanal property as forfeited property
to Landlord.
. "surrender" means vacating the leased premises and returning all keys and access devices to Landlard.
"Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, ar
abuse.
D, By providing written native to Tenant before this lease ends, Landlard may require Tenant, upon
move-out and at Tenant's expense, to remave, without damage to the Property ar leased premises, any
or all fixtures that were planed an the Property or leased premises by ar at the request of TenantF Any
fixtures that Landlard does not require Tenant to remove become the property of the Landlard and must
be surrendered to Landlard at the time this lease ends.
15. ~IAINTENANDE AND REPAIR:
A, leanin :Tenant must keep the leased premises clean and sanitary and promptly dispose of all
garbage in appropriate receptacles. ^ Landlard ~ Tenant gill provide, at its expense, janitorial
services to the leased premises that are customary and ordinary far the property type. Tenant will
maintain any grease trap on the Property which Tenant uses, including but not limited to periodic
emptying and cleaning, as well a making any modification to the grease trap that may be necessary to
comply with any applicable law.
R. Re airs of Conditions paused b a Park :Each party must promptly repair a condition in need of repair
that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees,
contractors or permitted subtenants
C. Re air and ~Jlaintenance Res ansibilit :Except as otherwise provided by this Paragraph ~ ~, the parley
designated below, at its expense, i responsible to maintain and repair the following specified items in
the leased premises cif any}, The specified items must be maintained in clean and goad operable
condition. If a governmental reg~,lation or order requires a modification to any of the specified items, the
parley designated to maintain the item must complete and pay the expense of the modification. The
{TAR-2~ 01 } 5-2fi-Q~ Initialed for Identif cation by Tenant:. , ,and Landlord: , .. Page 7 of 14
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X921 MESTIN~
Commercial ~e~se concerning: C~~P~T C~ITI T~ 7 ~4 a 8
specified items include and relate only to real property in the leased premises. Tenant is responsible far
the repair and maintenance of its personal property. check a#f tha# asap#y,~
NIA Landlord Tenant
(1) Foundation, exterior walls, roof, artd other structural components ^ a ^
(2) Glass and windows ^ ^ ~
(3) Fire protection equipment and fire sprinkler systems ^ ^ a
{4) Exterior & overhead doors, including closure devices, molding ^ ^ ~
locks, and hardware
{5) Grounds maintenance, including landscaping and irrigation ^ ^ ~
systems
(6} Interior doors, including closure devices, frames, molding, locks, ^ ^ ~
and hardware
(7) Parking areas and walks ^ ^ a
(8} Plumbing systems, drainage systems, electrical systems, and ^ ^ ~
mechanical systems, except systems or items specifically
designated otherwise
(9) Ballast and lamp replacement ^ ^ ~
(10} Heating, Ventilation and Air Conditioning {HVAC) systems ^ ^ 0
(11) Signs and lighting:
(a) Pylon ^ ^ ~
(b) Facia ^ ^ a
(c) Monument ^ a ~
(d) Door/Suite ^ ^ ~
(12) Extermination and pest control, excluding wood-destroying insects ^ ^ ~
{13) Fences and Ga#es ^ ^ 0
{14) Storage yards and storage buildings ^ ^ ~
(15) Wood-destroying insect treatment and repairs ^ ^ ~
(16) Cranes and related systems ~ ^ ^
(17) NA ~ ~] ~
(18) NA ~ ^ ^
(19) All other items and systems. ^ ~
D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
~. HVAC service Contract. If Tenant maintains the HVAC system under Paragraph ~ ~~~~ 0}, Tenant ~ is
^ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract
for the HVAC system. The maintenance and service contract must be purchased from a HVAC
maintenance company that regularly provides such contracts to similar properties. if Tenant fails to
maintain a required HVAC maintenance and service contract in effect at all times during this lease,
Landlord may do so and charge Tenant the expense of such a maintenance and service contract ar
exercise Landlord's remedies under Paragraph ~Q.
F. Common Areas: Landlord -~ill maintain any common areas in the Property in a manner as Landlord
determines to be in the best interest of the Property. Landlord gill maintain any elevator and signs in
the cor~mon area. Landlord may change the size, dimension, and location of any common areas,
provided that such change does not materially impair Tenant's use and access to the leased premises.
Tenant has the non-exclusive license to use the common areas in compliance vuith Landlord's rules
and restrictions. Tenant may not solicit any business in the common areas ar interfere Frith any other
person's right to use the common areas. This paragraph does not apply if Paragraph ~A~~~ applies.
~TAI~-~~ a~ ~ 5-26-Ofi Initialed far Identification by Tenant: ~ , ~ ,and Landlord; ,
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Page 8 of 14
192 Mostina,~
1921 NIESTINA ,
Commercial Lease concerning; ~R~U~ CH~I~I_. TX 7890$ , ,~,,,_
. Notice of Re airs: Tenant must promptly notify Landlord of any item that is in need of repair and that is
Landlord's responsibility to repair. All requests far repairs to Landlord must be in writing.
H. 1=aifur' to Repair: Landlord must make ~ repair for which Landlord i responsible within reasonable
period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to
repair ar maintain an item far which Tenant is responsible within ~ ~ days after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may: ~1~ repair ar maintain the
item, without liability far any damage or loss to Tenant, and Tenant must immediately reimburse
Landlord for the cost to repair or maintain; ar ~2} exercise Landlord's remedies under Paragraph ~0.
~~. ALTERATIONS:
A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlords written
consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable
non-structural alterations, modifications, or improvements to the leased premises.
B. Tenant may not alter any lacks ar any security devices on the Property ar the leased premises without
Landlord's conentF If Landlord authorizes the changing, addition, ar rekeying of any lacks or other
security devices, Tenant must immediately deliver the new keys and access devices to Landlord.
. If a governmental order requires alteration or modification to the leased premises, the party obligated to
maintain and repair the item to be modified or altered as designated in Paragraph 1 ~ will, at its
expense, rnadify or alter the item in compliance with the order and in compliance with Paragraphs ~ GA
and 1l,
D. Any alterations, improvements, fixtures or additions to the Property ar leased premises installed by
either party during the term of this lease will became Landlord's property and must be surrendered to
Landlord at the time this lease ends, except far thane fixtures Landlord requires Tenant to remove
under Paragraph 'I ~ or ~~ ar if the parties agree otherwise in writing.
~ ~. LIEN: Tenant may not do anything that mill cause the title of the Property or leased premises to be
encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises,
Tenant will within ~a days after receipt of Landlord's demand: ~1 }pay the lien and have the lien released of
record; or ~~} take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant
obtains pursuant to this paragraph.
~ 8. LIABILITY: To the extent permitted by law. Landlord is NDT resaansible to Tenant ar Tenant's emolovees
atrans oasts ar invitees far an dams es in~uries or lasses to arson or ro art caused b
A. an act omission or ne lect af: Tenant' Tenant's a ent~ Tenant's uest~ Tenant's em to ees~ Tenant's
atrons~ Tenant's invitees or an other tenant an the Pro art
B. fire flood water leaks ice snow hail winds ex losion smoke riot strike interru tion of utilities
theft, bur..lc~ary, ra~bery, assault, vandalism, other persons, environmental contaminants, or other
occurrences or casualty lasses. ~~~
~o the extent permitted by law, ~ ~~ei~arrt' initial.}
~ . INDEMNITY: sac a wi ~n ernn~ an a e a e ~iless from an ra art darns e
ersanal in'u suits actions liabilities darns es post of re airs or service to the leased remises or
Property, or anv other lass paused. nealiaently or otherwise. by that party ar that aartv's emolovees.
strops oasts ar invitees.
24, DEFAULT:
A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's
failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law If,
however, Landlord's non-compliance reasonably requires mare than 3~ days to Dore, Landlord will not
be in default if the cure is commenced within the ~~-day period and is diligently pursued.
STAR-~1~1} 5y2G-06 Initiated for Identification by Tenant: ~ , ,and landlord: Page 9 of 14
Produced with ~i~ForrnTM' by RE Formsf'Vet, LLC t8~25 i+ifteen Mile Road, Clinton Township, Michigan 4835 www.zipform,com 19~ 1 Me~tir~a.z
Commercial Lease concerning: C~~PU CHRISTI T 7898
B. If Landlord does not actually receive at the place designated for payment any rent due under this lease
within ~ days after it is due, Tenant will be in default. if Tenant fails to camply with this lease for any
ot#~er reason within ~ 0 days after Landlard notifies Tenant of its failure to camply, Tenant will be in
default.
C. if Tenant is in default, Landlard may: ~i~ terminate Tenant's right to occupy the leased premises by
providing Tenant with at least days written notice; and iii} accelerate all rents which are payable
during the remainder of this lease ar any renewal period without native or demand. Landlord will
attempt to mitigate any damage ar loss caused by Tenant's breach by using commercially reasonable
means. If Tenant is in default, Tenant will be liable for:
~~} any lost rent;
~~} Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and
other fees necessary to relet the leased premises;
~3} repairs to the leased premises for use beyond nar~nal wear and tear;
~4~ all Landlord's casts associated with eviction of Tenant, such as attorney's fees, courk costs, and
prejudgment interest;
~5} all Landlord's casts associated with collection of rent such a collection fees, late charges, and
returned check charges;
~} cast of removing any of Tenant's equipment or fixtures left on the leased premises ar Property;
~?} cast to remove any trash, debris, personal property, hazardous materials, ar environmental
contaminants left by Tenant ar Tenant's employees, patrons, guests, ar invitees in the leased
premises ar Property;
~~} cast to replace any unreturned keys ar access devices to the leased premises, parking areas, ar
Praperky;
{9} any other recovery to which Landlard may be entitled under this lease ar under law.
~~. ABAND~~V~IENT, INTER~UPTI~N DF LITILITIE, RENIIIAL 01* RR~PERTY, AND LCI~~UT:
Chapter of the Texas Property Code governs the rights and obligations of the parties with regard to: ~a}
abandonment of the leased premises; fib} interruption of utilities; {c} removal of Tenant's property; and ~d}
"lack-out" of Tenant.
~~. H~LD~VER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become
a tenant~at-will and must vacate the leased premises immediately upon receipt of der~nand from Landlard.
No balding over by Tenant, with or v~rithaut the consent of Landlord, will extend this lease. Tenant will
indemnify Landlard and any prospective tenants far any and all damages caused by the holdover. Rent far
any holdover period will be ~ times the base monthly rent plus any additional rent calculated an a daily
basis and will be immediately due and payable daily without native or demand.
~, LANDLORD' LIEN AND SECURITY INTEREST: To secure Tenant's perrarmance under this lease,
Tenant rants to Landlard a lien and securit interest a ainst all of Tenant's nonexem t ersanal ro ert
that is in the leased premise,,,.ar Properk~r. This lease is a security agreement for the purposes of the
Unifarr~ Comrr~ercial Cade. Landlord may file a copy of this lease as a financing statement.
~4. AINI~ENT AND URLETTINC: Landlord rr~ay assign this lease to any subsequent owner of the
Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's
written consent. An assignment of this lease ar subletting of the leased premises without Landlord's written
consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises,
Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or
sublease is made with arwithout the consent of Landlard.
STAR-~1a1} S-~-O6 Initialed for Identification by Tenant:
,and Landlord: ,
Page 10 of 14
1921 Mestina.~
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191 M~TINA
Commercial Lease concerning: ~~R~~ CHRISTI T~ 78408
~~. REL~CATI~I~:
^ A. ey providing Tenant with not less than 9a days advanced written notice, Landlord may require Tarrant
to relocate to another location in the Property, provided that the other lacatian is equal in size or larger
than the leased premises then occupied by Tenant and contains similar leasehold improvements.
Landlord will pay Tenant's reasonable out-af-packet moving expenses for moving to the other lacatian.
"lUloving expenses" means reasonable expenses payable to professional movers, utility companies for
connection and disconnection fees, wiring companies far connecting and disconnecting Tenant's office
equipment required by the relocation, and printing companies far reprinting Tenant's stationary and
business cards. A relocation of Tenant will not change or affect any other provision of this lease that is
then in effect, including rent and reimbursement amounts, except that the description of the suite or
unit number will automatically be amended
~ B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior
consent.
~G~ UB~RDIN~ITI~N:
A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior ta:
~~ ~ any lien, encumbrance, or ground lease nova ar hereafter placed an the leased premises or the
Property that Landlard authorizes;
~~} all advances made under any such lien, encumbrance, or ground lease;
~} the interest payable on any such lien or encumbrance;
~4} any and all renewals and extensions of any such lien, encumbrance, or ground lease;
~~} any restrictive covenant affecting the leased premises or the Property; and
~} the rights of any owners' association affecting the leased premises ar Property.
B. Tenant must} an demand, execute a subordination, attornment, and non-disturbance agreement that
Landlard ray request that Tenant execute, provided that such agreement is made on the condition that
this lease and Tenant's rights under this lease are recognized by the lien-holder.
~l. ET~PPEL ERTI~IATE: Within ~ 0 days after receipt of a written request from Landlard} Tenant gill
execute and deliver to Landlord an estoppel certificate that identifies the terms and conditions of this lease.
~8. CAkJALTY LASS:
A. Tenant must immediately notify Landlord of any casualty lass in the leased premises. Within ~0 days
after receipt of Tenant's notice of a casualty Ions, Landlord will notify Tenant if the leased premises are
less than or mare than ~a°lo unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 1 ~0 days after Tenant notifies Landlard of the casualty loss.
B. if the leased premises are less than 0~1~ unusable and Landlord can substantially restore the leased
premises within ~ ~0 days after Tenant notifies Landlard of the casualty, Landlord will restore the leased
premises to substantially the same condition as before the casualty. If Landlord fails to substantially
restore within the time required, Tenant may terminate this lease.
~. If the leased premises are mare than b0°lo unusable and Landlord can substantially restore the leased
premises v~rithin 1 ~~ days after Tenant notifies Landlord of the casualty, Landlard may: ~1 } terminate
this lease; or ~2} restore the leased premises to substantially the same condition as before the
casualty, if Landlard chooses to restore and does not substantially restore the leased premises within
the time required, Tenant may terminate this lease.
D. If Landlard notifies Tenant that Landlard cannot substantially restore the leased premises within ~ ~D
days after Tenant notifies Landlard of the casualty lass, Landlard may; ~~ } choose not to restore and
terrr~inate this cease; or ~2~ choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlard within 1 ~ days.
{TAR-21 ~~ } ~~~~~g Initialed for Identification by Tenant: ,and Landlard: ~ , Page ~ ~ of 14
Rroduce~ with ZipForrnT"" by RE= F~rmsNet, Llc 18025 Fifteen Mile Road, Ci;inton Township, Michigan 48035 www.zipform.c~m 1921 Mestina.~
. ' ' 1~2~ ME~~INA
Commercial Lease concerning: ~ORPU CHRTT~ T~ 7~4~~
E. If this lease does not terrrlinate because of casualty loss, rent will be reduced from the date Tenant
notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an
amount proportionate to the extent the leased premises ere unusable.
~9. ~NDEI~NATI01~: If after a condemnation or purchase in lieu of condemnation the leased premises are
totally unusable for the purposes stated in this lease, this lease will terrninate. If after a condernnatian ar
purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes
of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the
leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the
property of Landlord and Tenant has na claim to such proceeds ar award. Tenant may seek compensation
franc the canden~ning authority far its roving expenses and damages to Tenant"s personal properky~
3~. ATTORNEY' FEES: Any person who is a prevailing party in any legal proceeding brought under ar
related to the transaction described in this lease is entitled to recover prejudgment interest} reasonable
attorney} fees, and all other costs of litigation from the nanprevailing party.
3~. REPREENTATI~NS:
A~ Tenants statements in this lease and any application far rental are material representations relied upon
by Landlord. Each party signing this lease represents that he ar she is of legal age to enter into a
binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this
lease or in any application for rental, Tenant is in default,
B. Landlord is not aware of any material defect an the Property tha# would affect the health and safety of
an ordinary person or any environmental hazard on ar affecting the Property that would affect the
health or safety of an ordinary person, except: ~~~~ xu~wx s~ ~r~oR~
Each party and each signatory to this lease represents that: ~1 } it is not a person named as a Specially
Designated National and Blocked Person as defined in Presidential Executive order 1~~4; ~~} it is not
acting, directly or indirectly, for ar on behalf of a Specially Designated and Blocked Person; and ~} is
not arranging ar facilitating this lease or any transaction related to this lease for a Specially Designated
and Blocked Person. Any party or any signatory to this lease who i a Specially Designated and
Blocked person will indemnify and hold harmless any other person who relies an this representation
and who suffers any claim, darage, loss, liability ar expense as a result of this representation.
3~. BROKERS:
A. The brokers to this lease are:
r~or~~ r~or~~
Cooperating Broker License No. Principal Broker License No.
Fax Phone
Fax
Address
Address
Phone
E-mail
E-mail
Dooperating Broker represents Tenant. Principal Broker: ~Gheck an#y ore boxy
^ represents Landlord only.
^ representsTenant only,
^ is an interrediary between Landlord and Tenant.
~TAR~2~ 01 ~ S-~G-OG Initialed for Identifcaticn by Tenant: ~ , ,and Landlord: , ~. Page 12 of 14
Produced with ZipForm~ by RE FormsNet, I_~C 18~2~ Fifteen Mile Road, Clinton Township, Michigan 48D3~ www.2ipform.com 1921 Mestin~,~
191 N~HTINA
Cor~mercia! Lease concerning: CORPUS CHRISTI ~ TX 78448 ,~ . „
B. Fees:
^ (1} Principal Broker's fee will be paid according to: (Check only one box).
a (a) a separate written commission agreement between Principal Broker and:
^ Landlord ^ Tenant.
^ (b) the a#tached Addendum for Broker's Fee.
a (2) Cooperating Broker's fee will be paid according to: (Check only one box).
^ (a) a separate written commission agreement between Cooperating Broker and:
^ Principal Broker ^ Landlord ^ Tenant.
^ (b) the attached Addendum for Broker's Fee.
~3. ADDENDA: Incorporated into this lease ere the addenda, exhibits and other information marked in the
Addenda and Exhibit lotion of the Table of antents. If Landlord's Rules and Regulations are rude part
of this lease, Tenant agrees to comply vuith the Rules and Regulations a Landlord may, at its discretion,
amend from time to time.
4. N~TIDE; All notices under this lease must be in v~rriting and are effective ~rhen hand-delivered, sent by
mail, or sent by facsimile transmission to:
Tenant at the leased premises,
and a copy to: CiTY OF CORPUS CHRISTI
Address:
Phone: Fax:
^ Tenant also consents to receive notices by a-mail at:
Landlord at~ DENNT ~ WAL~CER
Address. P • O •., $~ ~ 9~~ f CORPUS CHRISTI , TX 7$403 __ _
Phone. ~~~~~ 81~~729 , ~,...~,.~,.__~__ Fax.
and a copy to:
Address:
Phone;
^ Landlord also consents to receive notices by a-mail at:
Fax:
~. SPECIAL PROIIII~N:
TENANT HAS OPTIQN TO EXTEND LEASE AGREEI~NT FOR AN ADDITIONAL 3 YEAR PERIOD
WITH ANY INCREASES OVER THE X447 HASE YEAR FOR TAXES AND INSCJRANCE, TF ANY,
BEING ADJUSTED TN NE~++T LEASE RATE. ANNUAL RENTS WILL CONTINUE TO INCREASE BY ~~
PER YEAR. TENANT TO NOTIFY LANDLORD THAT LEASE OPTION WILL BE EXERCISED AT
LEAST 90 DAYS PRIOR TO LEASE EXPIRATION.
TENANT HAS PERMI~IDN TO REMODEL OR EXTEND OFFICE SPACE IN BUILDING WITH PLANS
BEING APPROVED BY LANDLORD PRIOR TO CONSTRUCTION.
SEE ATTACHED EXHIBIT ttAfi NON-REALTY ITEMS INVENTORY LIST FOR ITEMS BEING LEFT
AT THE PROPERTY BY LANDLORD FOR TENANT'S USE. THESE ITEMS ARE TO BE MAINTAINED
BY TENANT AND LEFT AT PROPERTY AT TIME OF TENANT VACATING PREMYE,
PROPERTY BEING LEASED IN CURRENT 'tA I, WHERE I, WITH ALL FAULTS" CONDITION
WITH TENANT HAVING HAD THE FULL OPPORTUNITY TO INSPECT AND APPROVE OF THE
LEASED FACILITIES BEFORE OCCUPANCY.
TENANT WILL PAY RENT ANNUALLY, IN ADVANCE, BEGINNING FEBRUARY 2008. PRIOR TO
THIS DATE, RENT IS PAID MONTHLY PER PARAGRAPH #4(A). /L _.
d wu DER !V e ern ~o O~iS A~~k~ ~'~ rur~Q;~ L.t~K~c ~q~~t ~i ~..PiwO ~ i ~S ~+t~~'•+~ W ha~.~k~- ~ B~
~'AR-~1 ~~ } -2~-0~ Initialed for identification by Tenant: ,and Landlord: , .,.~ Page ~ 3 of 14
Produced with ZipFormT"" by RE Formsl~et, I.LC 1805 f=ifteen Mile Raab, Clinton Township, Michigan 48035 www.2ipfarm.com 19~ 1 Mestina.z
1921 SESTINA ~ ,
~ommer~ial lease concerning; O~FUS CHRISTI ~ 7808
~G. ACRE~I~EhfT ~F PARTIES:
A. Entire A~reen~ent: This lease contains the entire agreement between Landlord and Tenant and may not
be changed except by written agreement.
B. B'rndin Effect: This lease is binding upon and inures to the benefit of the parties and their respective
heirs, executors, administrators, successors, and permitted assigns.
~. Joint and Several: All Tenants are jointly end severally liable far all provisions of this lease. Any act or
native to, or refund ta, or signature of, any one or more of the Tenants regarding any term of this lease,
its renewal, or its termination is binding on all Tenants.
~. ontrollin Lavtir: The lags of the State of Texas govern the interpretation, performance, and
en#orcement of this lease.
E. Severable clauses: if any clause in this lease is found invalid or unenforceable bar a court of law, the
remainder of this lease will not be affected and all other provisions of this lease will rer~ain valid and
enforceable.
l=. Uv~: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien,
rental due date, ar any other right gill not be deemed a waiver of any other or subsequent breach by
Tenant or any other terra in this lease,
. C~uiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant
will enjoy possession and use of the leased premises free from rr~aterial interferenceF
l~l. Farce Majeure: l# Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage
of material, gavernrrMental restriction, riot, flood, ar any cause outside Landlord"s control, the time for
Landlord"s performance will be abated until afterthe delay.
i. Time: Time is of the essence. The parties require strict compliance with the times for performance.
brokers are not qualified to render legal advice, property inspections, surveys, engineering studies,
environmental assessments, tax advice, or compliance inspections. The parties should seek experts to
render such services, READ THIS LEASE CAREFULLY. if you do not understand the effect of this Lease,
consult your attorney REFIRE signing.
CITY OF C RPUS CHRISTI
Tenant
By
Printed Name i~ n
Title
,~ ~Pr~~~L ~~-o ~~~ ~ra~.: f 4- ~-~
~t ~y-~ c~
Date
T~ILLIA~! DEI~NI WALKER I I I
Landlord
gy ~!T ~~!G~~ 4 ~?6~0~
Date
Printed Name WILLIAM DENNIS WALKER III
Title OWNER/LANDLORD
~~~
Landlord
By
Date
Printed Name Printed Name
Title Title
Ali t HUI~~~~-
.+ 'r +
t
STAR-21 Q~ } 5-26-Dg ~~c~~ A~lu}0 4Pl~ ~ .~~ ~ ge ~ 4 of 14
Pr Tµ ~~ ,,•~'
oduced with ~ipFarm by R~ Forms ~~80~5 ~~fte~n Mile Road, Clinton Townshi , ~c~~~www.z~pform.com ~4~1 Mostina.~
F
~~i
TEAS ~~IAT~~hI ~F REALT~I~~
O~II~E~IAL LEE EXHIBIT
USE OI= THIS FORM BY PERSONS WHO ARE NOT MEMBERS DI= THE TE~(AS ASOCIATIQN QF REALTORS IS JOT AUTH~RI~Ea.
~Tex~s Assaclatia~ of REALT'UR5~, Inc. 2046
EXHIBIT {A' NON-REALTY ITEM INVENTORY
TD 0~lMERIAL LEASE BET~IEEN THE UN~ERSINE~ PART~E ONERNII~C THE LEASED
PREI~IE AT ~~~i r~sT~~A CORPUS cHRZST~ Tx ~eao~
THE FOLLOWING NON-REALTY ITEMS STILL REMAIN AT THE PROPERTY FOR USE AND
MAINTENANCE SY TENANT
1~ -SECTIONS OF WAREHOUSE SHELVTNG'~ITH PLYWOOD ON TOF
47 - $' LONG SHELVES
2-TON SHOP HOIST WITH 3~-PHAE ELECTRIC IN WORKING ORDER, CIF OWNER NEEDS THE
HOIST, OWNER HAS THE RIGHT TO REMOVE IT FROM WAREHOUSE WITH 48-HR ADVANCE NOTICE
GIVEN TO TENANT } .
~ -
0
~v
CITY OF CORPUS CHRISTI
Tenant
By
Date
WILLIAM DENNI WAL~tER III
Landlo~~
By ~~~~~ !a ~ o~
Date
N/A N/A
Tenant Landlord
By
Date
Date
By
STAR-~~ 15} 5-~~-06
Steve Roberts Realty 5934 S. Staples ~~02, Corpus Christi TX ?8413
Phone: 361993 i 125 Fax: ~~ 1 } 993-1 l27 Steve Roberts Realty A~saciate
ProduCe~ with ZipFormT"' by RE FormsNet, LLC 18Q25 fifteen Mile Road, Clinton Township, Michigan 48035 www~zipform.com
Page 1 a~ 1
1921 Mestina.~