HomeMy WebLinkAboutC2009-273 - 7/13/2009 - NATEA, ~~AT~~I~ ~~ ~1~~T~R~
~~RfAL, ~.~A~
USE OF T}tIS I;DRM ~Y ~ERSON~ Wl-ID AREy~NOT MEMBE}~S OF ~'HE TFJ(AS AS~CIATId~V d~ R~AI.TO~S~ IS SOT AUTIidRIZED.
d~lexaa As~acia~~on Of ~EALr01q'9~, I~~r ~WB
Table of ont~~r~s
[~o~ Para ra ~ ~escr~ #~on Pte,.,
1. Parties ~
~~ Leased Premises
Tern ~
A. Term
~. De1ay of occupancy
4. Rent and Expenses
AF Base Monthly Rent
B. First Full Month's Rent
. Prorated Rent
D. Additional Rent
~. Place of Payment
F. Method of Payment
. Late Charges
H. Returned Checks
5. Security ~epasit 4
G, Taxes 4
7. Utilities ~
~~ Insurance
Use and Hours
1 ~. Legal Compliance
11. Signs ~
12. Access By Landlord 7
1 Move~l n Condition ~
1~. Move-hut Canditiar~ 7
~5. Maintenance and Repairs 7
A. Cleaning
B. Conditions Caused by a Party
~. Repair & Maintenance Responsibility
~. Repair Persons
. HVA Service Contract
l=. Common Areas
. l1~OtICB of Repairs
H. Failure to Repair
/'4
V r l l~t~~~t~dn
~T~ Liens
'l8, Liability g
~9. Indemnity g
~~. Default 9
~~ . Abandonment, Interruption of Utilities,
Removal of Property & Lockout ~ ~
2~~~-273
071 319
~to~~~~er Properties USA
Na~ Paragraph ~e,~r~~, Pg_
22, Holdover ~0
3. Landlord's f.ien Security interest ~~
~4. Assignr~ent and Subletting 'l ~
~~. Relocation ~ ~
~~. ubordinatian 'f 1
~~'. ~stoppe! Cerkificates 11
~8. casualty Loss ~ 1
~~. Condemnation 1 ~
~0, Attorney's Fees 12
1. Representations ~ ~
Brokers ~ ~
Addenda ~
34, Notices ~ ~
Special Provisions ~ ~
Agreement of the Parties ~ 4
~i]~~l~A___ Ei~HIBI~ ~ch~~k ail that a
~ exhibit A - ~'l~or Plan o~ ~remies
~ exhibit ~ ~ ~e al Di~a~~. ta.~n
^ Commercial Lease Addendum for Broker's Fee
^ Commercial Loose Bxpense Reimbursement
Addendum
^ Car~rr~ercial Lease Addendum far Extension
option
^ Commercial Lease Addendum for Percentage
Rent
^ Commercial Lease Parking Addendum
^ Commercial Landlord's Rules and Reguiation
1^ Commercial Lease guaranty
^ ~ornmerciai Lease Right of First Refusal
Addendum
^ Commercial Lease Adderrdurn for gptianal
patio
^ Cot~rrmercial Leasehold Construction Addendum
.. Ecation b Tenon
y t, , ,~ ,and La~d~ord: ~ ,
Corpus Christi TX 7843
Brady 1VIcDattiei
n~ by ~ipLogix 1807 Fi~een M~1e Road, Fraser, M~~hi~a~ 4806 www.zip~~ix~r~m
Pale 1 of ~~
~~veniie Asses
TEXAS ASSOCIATION OF REALTORS
COMMERCIAL LEASE
USE DF TIiIS FORM 8Y PE#iSONS wFiD ARE i~~T MEMBERS OF THE TE?iAS ASSOCiATI~i~ Oi~ ~i*AL~ORS~ iS i~fpT AI~THQRIZED.
Texas Aaaoclat~on ni RBAL'fQlti~, Inc. X006
~. PI~RTIES: The parties to this lease are:
Tenant: Co us ~hris~i ~7~u~nile ~sses~mer~~ cen~~r
and
LartdJord: one~a~~~ fro e~~ie~ U . ~ . A. ~~~ .
A. Landlord leases to Tenant the following described real property, known as the "leased premises," along
with all its ir~proverr~ents {heck only orre boxy:
~ ~~} I~~,lti~~e,T~nant Property: site or Unit Numhe~ ~~~ containing approximately -- ~95~
square feet ot~ rentable area ~n _..~_ ~2 G , ~nt~rpris~- ~ark~raY .,~ . , ,_.._ 1{A~o1c~ narrre~
at - - .~._ ,_., ~ ~~erpr~.se ~a~r~~ay_, #x.09 ., .._ ..
~~dC~~'~} in ,~ ~o~pus Christi ,__ Coif Nees T
Texas, which is legally described on attached Exhibit "~'~ or as follows;
~ ~~}~, lie-~"enant Property: The real property at:
~aa~dressj ire
doily}, .,. ._~,_.~~„- .~ ~cour~~y~, Texas, ~uhich
is legally described on attached Exhibit , , ,,. -- ~ or as follows:
B. If Paragraph ~A~~ ~ applies:
~1 ~ "Property" means the building or complex in which the leased premises are located, inclusive of
any common areas, drives, parking areas, and walks; and
~~} the parties agree that the rentable area of the leased premises may not equal the actual or useable
area within the leased premises ar~d nay include an allocation of common areas in the Property,
3. T~Rl~:
A. Terrri: The term of this lease is ~, months and 4 days, commencing on.
_ August 1, 2009 „, ,_ (Commencement Date) and ending on
Jul 37. 2010 (Expiration Da#e).
AR~~1a~ ~-~fi-0~ ~t7itialed fl~r Identiiicatron ~ T n ~ , ~~
~ ~ y e ant, ,and La~dl~rd. , ~ Pa e ~ of 14
produced with Zip~orm~ by zip~ogix 18070 ~i~een M~la Road, Fraser, Michigan 4~~~8 www.zi Lo ix. m ]uvenile Asses
~~ ~rt~8rpr~.~e Parkt~a ~1'a4
commercial Lease concerning: o ua ~~~~ ~ ~. T~ '~ ~ 9 4
B. Delay of ~ccupancy: if Tenant is uneble to acaupy the leased premises ors the Cammencel~ent Date
because of construction an the leased premises to be completed by Landiard that is not substantially
complete or ~ prior tenant's holding aver of the leased premises, Landlord will not be liable to Tenant
far such delay and this lease will remain} enforceable. In the event of such a delay, the Commencement
Date will autorr~atically be extended to the date Tenar}t i able to occupy the Property and the
Expiretian Date will also be extended by a lilee number of days, o that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the gDth day after the
Commencement Date because of cantructivn an the leered premises to be completed by Landiard
that is not substantially carnplete yr a prior tenant's balding over of the leased premises, Tenant may
terminate this lease by giving written native to Landiard before the leased premises becon7e available
to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph B does not apply to any delay in occupancy caused by cleaning or repairs.
C~ finless the parties agree othervuise, Tenant is responsible for obtaining a certificate of occupancy far
the leased premises if required by a gavernl~ental body,
~4. R~t~IT AND ~~PEN~:
A. base ll~onthl Rent: On or before the first day of each month during this lease, Tenant will pry
Landlord base monthly rent as described on attached l~xhibit -- -- , ~1~ .".~ or as follows;
from __ ~uC,~ust 1, 209 tp ~Tuly_1 y ~a1a ~,~ , $ ~ 815.35
- - -- ^~ ,
from to ~ ~ ~. .-.,~~....~_ _
-,
frarr~ to
from to ;
from to .
~. First Full Nlanth's Rent: The first full base monthly rent is due on or before - ~ugus~,.1 {"~,~~09
C. Prorated Rent: if the Domrrrencement Date is on a day other than the first day of a month, Tenant will
pay Landiard as prorated rent, an amount equal to the base monthly rent rnu~tiplied by the fallowing
fraction: the number of days from the Gammencernent Date to the first day of the fallowing month
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Cornr~encement Date.
D. Additional Rent: In addition to the base monthly rent a-nd prorated rent, Tenant will pay Landlord all
other amounts} as provided by the attached ~i~eck al! fhaf a~p~y,~:
~ ~~ } Commercial expense Reimbursement Addendum
~ ~~} Commercial Percentage Rent Addendum
~ ~~} Commercial Parking Addendum
~ ~~~
Alf arrlounts payable under the applicable addenda sre deemed to be "rent" far the purposes of this
lease
~. Place of Pa rnent: Tenant v~rill remit alE amounts due Landiard 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:
Warne: ~onewa~e~ ~operties ~ . . ~.. Inc . r ,. ..
Address: 483 aratoc~a blvd, ~7 , Carpus ~~ista. r ~~ 78413
F. Me#hod -off Payment: Tenant must peer all rent timely v~rithaut den~snd, deduotion, ar offset, except a
permitted by law ar this lease, if Tenant fails to timely pay any amounts due under this lease ar if any
check of Tenant is returned to Landlord by the institution an which it was drawn, Landlord after
STAR-21 a1 ~ 5-~B-06 lnitEaled for identification ley Tenant: , .~.^ ,and Landlord: , ~ Page 3 of 1 ~
Rradu~ed with ~i~Farm~ by ~i~Logix 9807 Fifteen Mi ~~~d, Fraser, Michigan 4828 www.zi L ix.com Juvenile Asses
2~ En~er~~~s~ Party, ~ #~a4
CQr~me~c~al Lease cor~cer~ing; ~~r us C~~.~ s ti ~~ 7 8 4 a ~
r vidin writ#en notice to Tenant n,ay require Tenant to pay subsequent amounts that become due
pa g
under this lease in certified funds. This paragraph does not limit Landlord from seelc~ng other remedies
under this lease far Tenant's failure to make timely payments vwrith gaud funds.
. Late char ~; if Landlord does not actuall receive a rent payment at the designated plane of payment
vuithin da after the date it is due, Tenant will pay Landlord a late charge aqua! to 5°l~ of the amount
y
due !n this ara ra h the mailbox is not the agent for receipt far Landlord The late charge is a cast
I~ ~ ~ a
associated with the collection of rent and Landlord's acceptance of a late oharge dons not waive
Landlord's right to exercise remedies under paragraph ~4.
~ rued hec~s: Tenant will a ~~ . oo ~r~o~ ~o exceed ~}far each ol~eck
l*i, etu p ]~ .
Tenant tenders to Landlord which is returned ~~ the institution on whioh it ~ drawn far any reason, plus
any late oharges until Landlord receives payment.
~. E~~i~ITY ~EP~IT:
A. U an execution of this lease, Tenant wil! pay _ ~ . Oa __. _ _ to Landlord a a security
P
deposit.
B. Landlord a l the ecuri de osit to any arnaunts awed by Tenant under this lease. if Landlord
]~ pp y tY p
a lies an art of the security deposit during any time this lease is in effect to amounts aged by
pp Y p
Tenant Tenant must, within ~ g days after receipt of notice frarn Landlord, restore the securi#y deposit to
the amount stated.
Vl~kthin ~0 da s after Tenant surrenders the leased premises and provides Landlord written notice ofi
y
Tenant's forwardin address, Landlord will refund the security deposit less any amounts applied tov~rard
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amounts owed by Tenant ar other charges authorized by this lease
~. TA~~: Unless otherwise a reed by the parties, Landlord will pay all real property ad valorem takes
9
assessed ar:gainst the leased premises.
~. L~TILIT~~~
A. The party designated below will pay for the fallowing utility charges to the leased premises and any
connection charges for the utilities. (Check al! that apply.}
N!A Landlord Tenant
(1) Water
^ ^
"
^ ^
(2} Sewer
x
{3} E1ec#ric
(4) Gas ^ ~ ~
(5) Telephone ~ ~
(6) Trash '~
(7) Cable
~g~ a ^ ^
{9) Ali other u#ilities a ~ ~
B. The party responsible far the charges under Paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may sekect the utility service provider except that if Tenant
selects the provider, ar~y access or alterations to the Property or leased premises necessary for the
utikities may be made only with Landlord's prior consent, which Landlord wi[I not unreasonably wit4~hold.
If Landlord incurs arty liability for ufility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon wri#ten notice from Landlord reimburse
i~andlord such amount.
AR~2~Q~~ 5-2~0~ initialed for Ide~tifi~:ati~n ~y Tet~~nt: , ~.. ,and Landlord: ~ , .,~. Page 4 of ~~
PfQd~d with ~~pForm~ by zi~l.o~ix 1870 Fiflen M Road, Fraser, Michigan 48~~6 www.z~ Lo ix.com ,l~ver~ile Asses
~~G En~rpris Par~cw~y, ' ~~0~
~om~nerckal Lease concerning: ~o us ~x'i ti T3~ 7 ~ 4 ~ ~
. Notice: Tenant should deferr~ine ~~ al! necessary utilities aye available to the leased premises and
are adequate for ~`ena~t's intended use.
~, After~Hours 1~1~A char es: "F~V~ services" means heating, ventilating, and air conditioning of the
~_.
leased premises. ~~eck one ~o~c o~~y.~
x 1 Landlord is obii aced to rovide the F~11A services to the leased premises only during the
~~~ 9 p ,
Property's operating hours specified under Paragraph 9.
Landlord vuill rovide the I~1lA services to the leased premises during the operating hours specified
.. ~ r
under Para rah 9 for no add~t~onal charge and ~r~rill, at Tenants request, provide hIVA
. ~ P ..
services to the leased premises dunng other hours for an additional charge of $ ,~ ~ ~ - --
er hour. Tenant vwrill a l..andlord the charges under this paragraph immediateiy upon receipt of
p R ~ r v~ill be
Landlord's invoice. Hourly charges are charged on a haif~hour basis. Any partial hou
rounded u to the next half Dour. Tenant vuill comply with Landlord`s procedures to make a request
p .
to provide the additional l-~VA services under this paragraph.
~ ~ ~} Tenant v~ill l~aY for the HVAD services under this lease.
8~ iNFtAN~:
A. burin all tines this lease is in effect, Tenant must} at Tenant's expense, maintain in full force and effect
g
from an insurer authorized to operate in Texas:
~ ublic liabili insurance in an amount not less than ~ ,ooo,0~0.00 on an occurrence basis ~r
~~p
and
}
~ erona! roe damn a insurance for Tenant's business operations and contents an the leased
~~p p p~Y g
premises in an arrxount sufficient to replace such contents after a casualty {ass.
B. Before the on~rnencement Date, Tenant must provide Landlord v~rith a copy of insurance certificates
evidencing the required coverage. if the insurance coverage is renv~red or changes ~n any manner or
de ree at an time this lease is in effect, Tenant must, not later than ~~ days after the renewal or
g ~ h n e.
change, provide Landlord a cagy of an insurance certificate evidencing the rene~ral or c a g
. if Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect,
Landlord ray:
~ urchase insurance that gill provide Landlord the same coverage a the required insurance and
~~p
Tenant must immediateiy reimburse Landlord far such expense; or
~~y exercise Landlord's remedies under Paragraph ~0,
D. unless the artier a ree otherwise, Landlord will maintain in full force and effect insurance for: ~~ }fire
p 9
and extended covers a in an amount to cover the reasonable replacement oast cf the improvements of
9
the Pro art i and an ublic liability insurance in an amount that Landlord deterrn~ne reasonable
P Y~ ~ ~ y p
and appropriate.
B l '
r
~ ~
' ~ . .
k ~ r
f
.
' ` y F ~
~ ~~ ANA ~o~~~
A. Tenant ma use the #eased premises for the fallowing purpose and no other: office use on1
Y
STAR-2101 } ~-2fi~oB Initialed for identificatiar~ ~y Tenant: , .~ ,and Landlord: ~.~. , ~ Page of ~ 4
Produced with ~ipForm~ ay zi~Lo~ix 18~~~ Fifteen !IIli Road, Fuser, Michigan ~48~2~ www.xi La ix,com 1uv~n~Ie Asses
~ ~r~~r~ris ~a~k~y, ~#~,o~~
Commercial Lease concerning: ~~ us ~rii T~ 7905
P, Unless athrwie specified in this tease, Tenant viii operate and conduct its business in the leaised
prerrlises during business hours that are typical of the industry ~n which Tenant represents it operates.
~, The Pro e~ maintains operating hours of ~specif~r hors, dais of week, ara'd i~ }roc}give or exclusive of
p ~
~veeker~ds ~~~ ho}tday}: 7 : ~ 4 a , m . to ~ ; 0 0 . ~ . N~ond~ - Frida ~ludi~ ~e~k~r~ds
and ~olid.~
~~. LOCAL Cof~IPL~Af~~:
A, Tenant may not use yr permit any part of the leased premises or the Property to be used forF
{~ } any activity vwrhich i a nuisance or is offensive, noisy, or dangerous;
an activit that interferes with any other tenant's normal business operations or Landlord's
{} y Y
management of the Property;
~} any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenan#,
governmental order, ouvners' association rules, tenants' association rules, Landlord's rules or
regale#ian, or this tease;
~4} any hazardous activity that auld require any insurance premium on the Property or leased premises
to increase or that would void ar~y such insurance;
~~~ any activity that violates any applicable federal, state, yr local taw, including but riot llm~ted to tll0se
laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions, or other environmental matters;
~~} the permanent or temporary storage of any hazardous material; or
~~~
B. "Hazardous material" rrteans any pollutan#, toxic substance, hazardous vuaste, hazardous material,
hazardous substance, solvent, or oil a defined ~~ any federal, state, or local envlronrner~tal law,
regulation, ordinance, or rule existing as o~the date of this lease or later enacted.
C. Landlord does not represent or warrant that the feared premises or 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. Tenan# must satin itself that
the leased remises rna be used as Tenant intends b inde endentl inveti atin elf matters related to
the use of the leased realises or Pro e . Tenant a tees that it is not tai in on an warren or
re resentation made b Landlord Landlord's a ent or an broker concernin the use of the leased
remises or Pro err .
~ 1 t 1CN:
A. Tenant may not post or paint any signs at, on, or about the leased premises ar Property without
Landlord's written consent. Landlord may remove any unauthorised sign, and Tenant rill promptly
reimburse Landlord for its cost to remove any unauthorized sign.
B. An authorized sign must comply v~ith all lags, restrictions, zoning ordinances, and any governmental
y
order relating to signs on the leased premises or Property, Landlord may terr~porarily remove any
authorized sign to cornple#e repairs or alterations to the leased premises or the Property.
~, By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's e~cpense, to remove, without daalage to the Property or leased premises, any
or all signs that were placed on the Property or leased prealie by or at the request of Tenant. Any
signs that Landlord does no# require Tenant to remove and that are fixtures, become the property of the
Landlord and must be surrendered to Landlord at the time this lease ends.
~a e ~ of ~ 4
~TAR~2~ 0~ } ~-~G-oS lnit~aled for Ident~ficat~on by T~nant~ ,and Landlord. __._~~ , 9
Produced w~t~ Zi~f*orm~ ~y zipLogtx ~807~ fifteen Mil Read, Fraser, Michigan 48D~6 www.zi~~ogix.rc~m Juvenile Asses
~~~ Er~t~p~i~~ Fa~~r, ~ #1,04
Commercial Lease concerning: o ~s Cox' ~ ti '~ 7 8 4 0 ~
~~. AD~s ~Y LANDI~~RD:
Want's normal business hours Landlord may enter the leased prerr~ie fvr any reasonable
~. ~ u r1 ng Te
r se includin but not limited to urposes for repairs, maintenance, alteratiar~, and showing the
pu ~° ~ ~ p noises after
leased remises to prospective tenants or purchasers. Landlord may access the leased pre
,p ~ ~ i i n' or ~ ent is necessa
Tenants normal bu~r-ess hours wf: ~~}entry is made r~r~th Tenants prrn s o , ~ } ~ rY
orn late emer enc re airs. Landlord will not unreasonably interfere vuith Tenant's business
too p ~ y p
operations when accusing the leased premises.
rin the last ~ da s of this lease, Landlord may plane a "for Lease" or similarly worded sign in
~. I~u g Y
the leased premises.
ah1D~TIaN~ Tenant has ins acted the leased premises and accepts it in its present has-is}
~~. N~aV~ IN '~ F
condition unless ex ressly noted otherwise ~n this lease. Landlord and an a ant have made no ex res or
p Poe
irn lied wsirranties as to the condition or err~~tted use of the leased rernfes or r .
~~. ~lall~-aUT aND~TIaN AND ~aRF~~TUR~ aF TENANT` P~~aNAL PROP~i~TY:
t the time this lease ends, Tenant will surrender the leased premises in the same condition as when
A
A. i an condition
received, except for normal vuear and tear. Tenant will leave the leased premises Mn a c e
free of all trash, debris, personal property, hazardous rnater~als, and environrr~ental contaminants,
. if Tenant leaves an ersonal ro arty in the leased premises after Tenant surrenders possession of the
B ]~ p p p
ed remises Landlord ma : ~ require Tenant, at Tenant's expense, to remove the personal
loss p Y ~ ~
ro art b rovidin written notice to Tenant; or ~~~ reta~rr such personal property a forfeited property
p P Y Yp g
to Landlord.
. "surrender" means vacatin the leased premises and returning ell keys and access devices tv Landlord.
g ~ cc~dent or
"Normal wear and tear' means de#er~orat~on that occurs without negligence, carelessness, a ,
abuse.
D. B rovidin written notice to Tenant before this lease ends, Landlord may require Tenent, upon
Yp g
move~out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
yr ail tinctures that were laced ors the Property or leased premises by ar at the request of Tenant. Any
p
fixtures that Landlord does not require Tenant to remove became the Property of the Landlord and rust
be surrendered to Landlord at the time this lease ends.
~y ~A~NT~NAN~ ~~~ ~~~~~~^
nin :Tenant must kee the leased premises clean and sanitary and promptly dispose of all
A, C1ea p ,
arba a in a ro riate race tacles. ~ Landlord ~ Tenant vuili provide, at its expense, janitorial
g ~ pp ~ p , e. Tenant w~i'l
services to the leased premises that are customary and ordinary for the property typ
maintain an reae tra an the Property which Tenant uses, including but not limited to periodic
y9 p
ern # in end cleanin , as well a making any modi~cativn to the grease trap that may be necessary to
p~ g 9
Damply with any applicable law.
it of auditions paused b a Part : each party must promptly repair a condition in need of repair
B. Re a
that {~ Caused either ~ntent~onall or negligently, ~~ that party or that party's guests, patrons, Er~v~tees,
a
oontractar or permitted subtenants. .
. Re air and Maintenance Res onsibili : lixcept a otherwise provided by this Paragraph ~ , the Pad
deli Hated below at its ex ense, is responsible to rr-aintain and repair the folfaw~ng specEf~ed items in
q ~ p
the leased remises if an .The specified items must be rna~nta~ned ~n clean and good operable
p ~ ~~
condition. If a overnmental re ulation or order requires a modification to any of the specified items, the
g ~ ~ ~ rrxodi~cation. The
a deli Hated to maintain the item must complete and pay the expense of the
p ~y 9
F ~ end Land~ortl: ~' Page ~ o~ 14
~TAR~~~O~} 5-~~,O In~t~a~ed for ldent~fi~at~on by Tenn#. , ~ ~ ~,
Produced with zip~orrr~ ~y zipLogix 1 X070 Fi~een M' Road, ~ras~r, Mict~~gan 4ao2s ~wuw.z+ Lo ~x.~om ,~uve~i~e Asset
2~G ~n~~rpris~ ~~~~.a ~ ~ ,,#x.04
om~nercia! Lease conc~rn~ng: v us ~~ir~~i~i ~ "~ B~4 a ~
ecified items include and relate only to real property in the leased premises, Tenant i~ responsible for
p
the repair and maintenance of its personal property. ~~heck a1~ oaf a~~~Y.~
NIA Landlord Tenant
(1 } Foundation, exterior walls, roof, and other structural components ^ a ^
{2} Glass and windows
t
i
kl a
a ~
^ d
^
(3) ems
er sys
n
Fire protection equipment and fire spr
(4) Exterior & overhead doors, including closure devices, molding ^ a ^
(5) locks, and hardware
Grounds maintenance, including landscaping and irrigation
^
a
^
{8) systems
to#erior doors, including closure devices, #rames, molding, locks,
a
d
^
{7) and hardware
Parking areas and walks
^
a
^
(8} Plumbing sys#ems, drainage systems, electrical systems, and ^ ~ ^
mechanical systems, except systems or items specifically
designated othervvise
^
~
~
(9) Ballast and lamp replacement
t
VAC a ~ ^
(10) ems
) sys
Heating, Ventilation and Air Conditioning (H
(11) Signs and lighting:
~
^
^
(a) Pylon
{b) Facia X
{c) Monument ~
a a
^ ~
~
(12) (d) DoorlSuite
Extermination and pest control, excluding wood-destroying insects ^ ~ ^
(13) Fences and Gates ~
d ~
^ ^
^
(14) Storage yards and storage buildings
i ^ a ^
('~5} rs
Woad-destroying insect treatment and repa ~
{'! 6) Cranes and rebated systems ~ ^
(17}
('I 8) a ^ ^
(19) All other items and systems. ^ ~
D. ~epi~_f~ersans: repairs rrwust be completed by trained, ~ualifed, and insured repair persons.
~. HI~A service antract: If Tenant maintains the H1lA system under Paragraph ~ ~C~~ a}, Tenant ^ is
~ is not re aired to maintain, at its expense, a regularly scheduled maintenance and service contract
~ ~
for the H~ s step. The maintenance and seruice contract must be purchased from a HVA
y .
maintenance company that regularly provides such contracts to sirniiar properties. if Tenant fails to
maintain a re aired H1lA maintenance and service contract in effect at ail times during this lease,
Landlord ma do so and charge Tenant the expense of such a maintenance and service contract or
Y
exercise Landlord's remedies under Paragraph ~~.
l". omrnon Areas: Landlord wil! maintain any common areas in the Property in a tanner as Landlord
determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in
the common area, Landlord nay change the suet dimension, and location of any common areas,
rovided 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 ~n compliance vrith Landlord's rules
and restrictions. Tenant may not solicit any business in the common areas or interfere with any other
arson's ri ht to use the oorrrmon areas, This paragraph does not apply if Paragraph A~~} applies,
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~TA~~~1 D~~ 5~2~-Ofi In~ti~~ed fir Id~nt~f cation ~y Tenant. , ~ , end Landlar~. ~ , ~ ~
Produced with ~ipForrr ~y zi~~ogix 1 s~~~ Fi#teer~ M' Road, Fs~{, Nlichi~ar~ 48D~~ www,zip~ io~~ x,com ]uvena~e Asses
~2 G ~nterpris~ Pk~a, ~ #~~44
Commor~ral Leese n~rning: o us Ch~is~i T 7~~0~
. Notice of ~e airs: Tenant rust promptly natlfy 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. l~ailure to ~~o~ir: Landlord must rake a repair for which Landfard is responsible within ~ reasonable
period of time after Tenant provides Landlord written notice of the needed repair. #f Tenant fails to
repair or maintain an item far virhich Tenant is responsible within 1a days afker Landlord provide
Tenant Britten notice of the needed repair ar maintenance, Landlord rrtay: ~'1 } repair or rnsintain the
item, without liability for any damage or lass to Tenant, and Tenant must immediately reimburse
Landlord far the cost to repair or maintain; ar ~~} exercise Landlord's remedies under Paragraph ~a.
~ ~ILT~RAT~~N:
A. Tenant may riot niter, improve, or add to the Property or the leased premises without Landlord's written
consent. Landlord will not unreasonably withhold car~ent for the Tenant to make reasonable
non-skructural alterations, n~adifications, or improvements to the leased prerr~ises.
~. Tenant may not alter any Packs or any security devices on the Property ar the leased premises without
Landlord's consent, ~f Landlord authorises the changing, addition, or rekeying of any sacks ar other
security devices, Tenant must irnr~ediately deliver the new keys and access devices to Landlord.
~. if a governmental order requires alteration or modification to the leased premises, the par#y obligated to
maintain end repair the stern to be rr~vdi~ed or altered as designated in Paragraph ~ v~ill, t its
expense, modify or niter the item in compliance with the order and in compliance with Paragraphs ~ fiA
end ~T,
D. Any alterations, irnprovemer~ts, fixtures or additions to the Property pr leased premises installed by
either party during the terra of this lease will become Landlord's property and must be surrendered to
Landlord at the time this Pease ends, except far thane fixtures Landlord requires Tenant to reove
under Paragraph 1 ~ or ~ 4 or if the parties agree otherwise in writing.
~T. ~.I~N: Tenant may not do anything that will cause the title of the Property yr leased premises to be
encumbered in any way if Tenant causes a lien to be filed against the Property ar leased premises,
Tenant will within ~0 days afker receipt of Landlord's demand: ~~}pay the lien and have the lien released of
retard; ar ~~} take action to discharge the lien. Tenant v`rill provide Landlord a copy of nay release Tenant
obtains pursuant to this paragraph.
1 ~. Lk~lBkL1TY~; Tv,.~h~n~ permitt~ ed bw maw, Landlord is NAT r~s~onible to Tenant, or Tenant`s em~oyee~
atrons oasts ar invitees far an damn es in'uries ar lasses to arson or ro Caused b
A, an apt miss,, ar _negiect af:.Te~ i Tenant's agent; Tenants,., u~e,~; Tena~t',,,,~rnplayees~- Tenant's
a#rons~ Tenant's invitees ar an other tenant on the Pro e
B. fire flood grater leaks ice sna~u hail rnrinds ex loian smoke riot strike interru tiorr of utilities
theft, burglary, robbery, assault, vand other persons, environr~enta,l contar~ninants or other
atcurrentes ar casualty.,loes
I~~ ~~eu~ ~~~t~~~ by 1~~,
~ ~. ~ND~~NlTI~~ each art mill indemni and hold the other ark harmless Pram an roe dar~a e
peal, iniur~, suits, actians~ ili~,.~. damages, cast of re~~~r~ a~ ~nrite, to the !_~a,sed remises ar
Pra a ar an other loss^ caused ne ii anti ar otherwise ~ that a yr that a rs em la ee
atrons oasts or invitees.
24. D~FAtJLT:
A. if Landlord €ail to carnply v~rith this lease within D days after Tenant notifies Landlord of Landlord's
failure to comply, Landlord will be ire default and Tenant may seek any remedy provided by law. lf,
however, Landlord's nonrcompliance reasonably requires mare than ~ days tv cure, Landlord will not
be in default if the cure is camrnenced within he 3a-day period and is diligently pursued.
{TAR-~10~} 5~~~-0~ Inft~aled for Identifi~:ation by Tenon#: , ~ , ar~d l.andle~d: - , ~. Page of ~4
P~aduoed with ~ipFafrr~ by ~i~Logix 18~~a Fifteen ~M Road, Fr~ase~, ~lichigar~ 48~2~ www.~i t~ i ,tom 1~venile Asses
~2~ Eintsr,~ Par~~a~, ~#104
~ommercia! #~oe c~noe~ning: ~o u~ ~hri~~i T 78405
B. If Landlard does not actually receive at the place designated far payment any rent due under this lease
witf~in days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any
other reason uvithin 1 a days after Landlord notifies Tenant of its failure to comply, Tenant will be in
default.
. If Tenant is in default, Landlord rnay: ~i} terminate Tenant's right to occupy the leased premises by
roviding Tenant ~nrith at least days v~rritten naticei and ~i'r} accelerate all rents which are payable
during the remainder of this lease or any renev~ra! period without natioe ar derr~and. Landlord will
attempt to mitigate any damage or lass paused by Tenant's breach by using camr~ercially reasonable
means. If Tenant i in default, Tenant will be liable for:
~1 } any last rent; . ,
~~} Landlord's cast of reletting the leased premises, including brokerage fees, advert~sing fees} and
other tees necessary to relet the leased premises;
~} repairs tv the leased premises far use beyond normal wear and tear;
~4} all Landlord's cants associated v~rith eviction of Tenant, such as attorney's flees, court casts, end
prejudgment interest;
{b} all Landlord's casts associated with collection of rent such as collection fees, late charges, and
returned check charges;
~} cost of removing any of Tenant's equipment or fixtures left on the leaned premises ar ~raperky;
~7} cost to remove any trash, debris, personal prape~ty~ hazardous materials, or envirann~ental
canta~ninarrts left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased
prerr~ises or ~raperty;
~~} cast to replace any unreturned keys ar access devices to the leased premises, parking areas, or
Property;
~g~ arty other recovery to which Landlard may be entitled under this lease or under law.
Z~. ABA~V~~N~fENT~ INTERRl~PT1~N ~F UTILITIES, IEI~~VAL 0~ PR~PE~TY, AND L~~C~~T:
chapter g3 of the Texas Property bode governs the rights and obligations of the parties with regard toy ~a}
abandonment of the leased premises; fib} interruption of ut4lities; ~c} rerr~oval of Tenant's properly; and ~d}
"lockout" of Tenant.
2~, HC~LDIIER: ,
~ ' r
a i
~3. LANDLORD' LIEN BIND EI~RITI~ INTEREST:
« • ~
~ ~
~ ~ ~
i ,
~4. ASSINII~ENT AND SUBLETTING Landlord may assign this lease to any subsequent owner of tl~e
Praper~y. Tenant may not assign this lease or sublet any part of the leased premises vuithaut Landlard~s
v~rritten consent. An assignment of this lease ar subletting of the leased pren~ase without Landlord's written
cansent i voidable by Landlord. If Tenant assigns this lease ar sublets any part of the leased premises,
Tenant will remain liable far all of Tenant's obligations under this lease regardless if the assignment or
sublease is made with or without the cansent of Landlard.
BAR-~ ~ ~1 } 5-~-~6 Initialed for ~dentificati~n by Ten~int: ,~ ,and Landlord: , ~ Page ~ ~ of ~ 4
Produced with ~ipi=vrm~ by zipl.ogix 18074 ~il9teen ~11i Raab, Fraser, Michigan 48028 www,zi~L~ix.c;om Juv~ni~e Asses
2 Er~terpr~.s~ F~~~C~ray, ,#~~~
Commercial Lease concerning: ~o ~s ~~~~s~. TX 7840
~~. R~L~~ATIO~t:
~ A. ley providing Tenant with not less than g~ days advanced written notice, Landlord ,gay require Tenant
to relocate to another location in the Property, provided that the other location is equal in size or larger
than the leased premises then occupied by Tenant and contains similar leasehold irr~provernents.
Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to tl~e other location.
"~Ilaving expenses" means reasonable expenses payable to professional movers, utility companies far
connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office
equipment required by the relocation, and printing companies far reprinting Tenants stationary and
business cards. A relocation of Tenant will not change or affect any other provision of this lease that i
then in effect, including rent and reirnbursernent amounts, except that the description of the suite or
unit number wi11 automatically be amended.
~ B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior
consent.
~. U~~R~~NAT1~~1
A. This lease and Tenant's leasehold interest are arxd will be subject, subordinate, and inferior ta:
~1 } any lien, encumbrance, or ground lease now ar herea#ker placed an -the leased premises or the
Property that Landlord authorizes;
~~} all advances made under any such lien encurr~brance, ar 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 Praperty~
B. Tenant must, on demand, execute a subordination, attornrner~t, and non-disturbance agreement that
Landlord may request that Tenant execute, provided that such agreement is made an the condition that
this lease and T'enant's rights under this lease are recognized by the lien~holder.
~l. ETOPP~L. ~RTt~lI~T~:1II~t#~in ~ a days after receipt of a written request frarn Landlord, Tenant will
execute and deliver tv Landlord an estoppel certificate that identifies the terms and conditions of this lease.
~8, A UAI.TY LASS
A. Tenant must immediately notify Landlord of any casualty lass in the leased premies.111lithln ~~ days
after receipt of Tenant's notice of a casualty lass, Landiard wil! notify Tenant if the leased premises are
less than or more than ~~°lo unusable, on a per square foot basis, and if Landiard can substantially
restate the leased premises within ~ ~D days after Tenant notifies Landiard of the casualty lass.
B. if the leased premises are less than ~a°lo unusable and Landlord earn substantially restore the leased
premises within ~ ~a days after Tenant notifies Landlord of the casualty, Landlord will restore the leased
prerr~ises 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 more than ~~°lo unusable and Landiard can substantially restore the leased
premises within ~ ~a days after Tenant notifies Landlord of the casualty, Landiard rosy: ~1 } terminate
this lease; or ~~ restate the leased premises to substantially the same condition s before the
casualty. if Landlord chooses to restore and does not substantially restore the leased premises within
the time required, Tenant ray terminate this lease.
~~ if Landlord notifies Tenant that Landiard cannot substantially restore the leased premises within ~ ~a
days after Tenant notifies Landiard of the casualty lass, Landlord may: {~ ~ choose not to restore and
terminate this lease; or {} chaise to restore, notify Tenant of the estimated time to restore, end give
Tenant the option to terminate this lease by otifying Landlord within ~ ~ days.
{TAR-~~0~} 5-~-a6 Initialed for ~denti~ication by Tes~an#: ,~~ , ar~d Landlord: , ~ Page ~ ~ of ~4
Prod~~ed w~ 2i~Forrr ~y xip~o~ix ~8~70 fifteen Mi Road, ~raserr ~4icl~igan Q~Q~S www.zi ix,com ~uve~ile Assts
vr~mercial ~,e~ise concerning: o 'us Choi s t' ~ '~ ~ 4 0
E. If this lease does not terr~inate because of ~ casualty loss, rent will be reduced from the da#~ 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 are unusable.
~~. ~~N~~I~INATION: if after a conderr~nation or purchase in lieu of condemnation the leased premises are
totally unusable for the purposes stated in this lease, this lease will terminate. if after a condemnation or
purchase in lieu of condemnation the leased premises or Property are partially unusable far the purposes
of this lease, this lease wil! 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 no clairr~ to such proceeds or award. Tenan# ray seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
~. -~~TORNEY' FED; Any person who is a prevailing party in any legal proceeding brought under ar
related to the transaction described in this lease i entitled to recover prejudgment interest, reasonable
attorney's fees, and all other casts of litigation from the nonprevailing party.
~. R~PRENT~T~~N:
A~ Tenant's statements in this lease and any application for rental are material representations relied upon
by landlord, Each perky signing this lease represents that he or she i 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 i not aware of any material defect on the Property that would affect the health and safety of
an ordinary person or any environmental hazard on or affecting the Property that would affect the
health or safety of an ordinary person, except. l~or~
. Each party and each signatory to this lease represents that; ~~} it is not a person named as a specially
Qesignated National and Blocked Person as defined in Presidential Executive order ~ ~~~; ~~} it is not
acting, directly or indirectly, for of on behalf of a specially Designated and Blocked Person; and ~} i
not arranging or facilitating this lease or any transaction related to this lease tar a specially designated
end ~locl~ed Person. Any p~1~]I or any signatory to this lease vuho is ~ specially Designated and
Blocked person will indemnify and held harmless any other person who relies on this representation
and vuho suffers any claim, damage, loss, liability or expense as a result of this representation,
A. The brokers to this lease are:
~ N~ _
Cooperating Broi~er License No. Principal Broker ~ .... ---- ~ ~~. License~No,
fax Phone
I=ax
Address
Address
Phone
~-mail
~-mail
Dooperating Brol~er represents Tenant. Principal Broker; check ~n~y one boxy
~ represents Landlord only.
^ repreentsTenantcnly.
~ is an intermediary between Landlord
BAR-~1 ~1 ~ 5-~8-Ofi Initialed for Identification by Tenant: , ~..~,.~ ,and Landlord:
i •--~~
Produced with ZipForm~ by xip~.o~ix ~ X070 Fi~eer~ hllii oed, ~~aser, Michigan ~8~26 wvuw;z~L,o9i~,,com
and Tenant
Page ~ ~ of ~ 4
Juvenile Asses
2~ G En~ex~pr~.s Fa~~C~ra , , 10 4
Car~ercia~ Lase canoern~ng; ~o u~ ~~~i s i T~ '~ B 4 ~ 5
B. Fees:
a (1) Principal Broker's fee will be paid according ta: (Check only onE box}.
^ {a} a separate written commission agreement between Principal Broker and:
^ Landlord ~] Tenant.
[] (b) the attacF~ed Addendum fnr Broker's Fee.
^ (2) Cooperating Broker's fee wiil be paid according to: (Check only one box).
[~ (a} a separate written commission agreement between Cooperating Braker and:
^ Principal Broker ^ Landlord ^ Tenant.
^ (b} the attached Addendum for Broker's Fee.
33. AD~~NDA~ ~n~orporated into this lease are the addenda, exhibits and ether in~arr~atian marked in the
Addenda and exhibit set~an of the Table of orrtent. if Landlord's ~u~es and Pegulations are rude part
o~ this lease, Tenant agrees to ~~rr~ply with the Ru#es and Regulations as Landlord may, a# Its dis~retian,
amend torn ti rye tv tine.
4. ~V~~I~: All notices under this lease must be in wfiting and are effective when hand-delivered, seat by
mail, ar sent by facsimile transmission to:
Te at the leased premises,
and ~ copY t~: Cif o Ca us ~~iis ti A~"~N : ~ia~~~to~ ~a~k & Rea~~at,ion De ~ .
Address: ~ ~ ~~ 9~7~ , Coaus CY~~~.s~ x, T~ 78~~9~27"?
.~ -~
Phone: ~~1 ~~-400 Fax: ~~l 82G~~41~
^ Tenant also consents to recei~re notices b~ e~rnai! at:
~.and~ord at: s~oneater Proper~ie~ Asl~ P~rt~olio ~ L, P.
Address: ,~~.~ ~ 1~9~8 ~4 A~r~. ,~_..,.,Lan~le~_, B~1,,,.~a~~c~.~~Y~ ~
and ~ copy ty. ~0~1~ f7~~~~ ~i M ~~~~IY/ ~ 4 f ~ • fF ~,~/
~Iddress: ~~_ ~'a~'ato~a ~~.Yd• ,.~. '~~ G`o,x~pus ~r~~'149, ~3.,~ ~ _ ~~~~~
Phone, ~i ~8~- X40 Fax..~~~ 7~~~57~ --- _ _
~ landlord also conn# to reoei~re notices b}~ e~ma~l at. ~~~~~ B~Vn~~R~~ ~'D ~~'~~,~5 . Colt
~a. PEDAL PI~~V~i~~V:
~, Either pad to this ~ans~~i~n mad t~ina~~ th~.s agx~~e~tent r~ith ~~
w~.thou~ cause b~ upon thin {~} days ~rit~~n noti.c~ ~o the ot~ae party. Upon
sub termina~~.on, ~enar~t has ~~ obviation for are additional ren~a~, pay~t-ent
to to Landiord.
~• ~ ~ •~ ~ 1 ~~~
~TA~-~~ ~~ } ~-~~-D~ I~r~t~ared for Idnt~ficat~on by Tenant. , ~ ,and Landlord. ~ } Pale o
P~oduoe~ with ~kp~or by zipLix ~ 807 Fi~aer~ Nii oad, Fraser, Michigan 4802 www,zi ~ ix.cam luveni~e sus
2~~ Enterprise ~~r~r~y, . #x.44
Commercial Lease concerning: C~ us Christi '~ 7~94~
G. AR~~I~NT ~F PAI~TI~:
~. entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may not
be changed except by written agreement,
B. Bind,inq ~#fect: This lease is l~ir~ding 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 and severally liable far all pro~risions of this lease. Any act ar
notice to, or refr~nd to, ar signature of, any one or mars of the Tenants regarding any terrrf of this lease,
its renewal, or its terminatiar~ is binding on all Tenants.
I~. Contrvffin~L~w; The Paws of the Mate of Texas govern the Interpretation, perfarrnance, and
enforcement of this lease.
everabfe Clauses; if any clause in this lease is found invalid or unenforceable Icy a court of law, the
remainder of this lease will not be affected and all other provisions of this lease will remain valid and
enforceable.
F. vV~ve~: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not Ise deemed a v~raiver of any other or subsequent breach by
Tenant or any other term in this lease,
. quiet ~na~Y: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant
will enjoy possession and use of the leased premises free Pram material interference
~. Force lllla~: if Landlord's perfvrrnance of a terra ~n this lease is delayed by strike, lack~out, shortage
of rr~aterial, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for
Landlord's performance will be abated until after the delay.
I. T rne: Time ~s of the essence. The pa~t~es require strict compliance v~rith the times for performance.
Brokers are not qualified to render legal advice, property inspectlonsa surveys, engEneering studies,
environrr~e~tal assessments, tax advice, or compliance lnpectian~ The parties should Beek experts to
reader suoh services, ~~A~ THi LEAS AR~~I~LLY`~ if you do not understand the effect of this Lease
consult your attorney B~FDRE signing.
i ty_ o~ Go r us (G-v~ ~sh'
.~_----
Tenan#
~y ~ ~ _ _ : 3:p~
~ Date
printed ame ~~~ ~ ~~ FS~oLara,.
Ttt#e .~ ~ ~~ ~ ~i~G.G`-~
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s~F~ ~~- # ~ ~ date
Panted Name ..,~ ~~~ ~ ~-
Title S~ , ~} r~,
STAR-~ ~ D~ } S-~G-~B
tented fume Steve ~~re~an
Tithe
Land~vrd
~~
Printed dame
Tithe
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Page ~4 of 14
Juvenile Asses
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