HomeMy WebLinkAboutC2012-031 - 1/22/2012 - NA:1
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
WexasAssoaiatlop of REALTOR80, Inc. 2006
No.
Paragraph Description
pa-
l.
Parties
2
2.
Leased Premises
2
3.
Term
2
26.
- A. Term
11
27.
B. Delay of Occupancy
11
4.
Rent and Expenses
3
29.
A. Base Monthly Rent
12
30.
B. First Full Month's Rent
12
31.
C. Prorated Rent
12
32.
D. Additional Rent
12
33.
E. Place of Payment
13
34.
F. Method of Payment
13
35.
G. Late Charges
13
36.
H. Returned Checks
14'
5.
Security Deposit
4
6.
Taxes
4
7.
Utilities
4
8.
Insurance
5
9.
Use and Hours
5
10.
Legal Compliance
6
11.
Signs
6
12.
Access By Landlord
7
13.
Move-in Condition
7
14,
Move -Out Condition
7
15.
Maintenance and Repairs
7
A. Cleaning
B. Conditions Caused by a Party
C. Repair & Maintenance Responsibility
D. Repair Persons .
E. HVAC Service Contract
F. Common Areas
G. Notice of Repairs
H. Failure to Repair
16.
Alterations
9
17.
Liens
9
18.
Liability
9
19.
Indemnity
9
20.
Default
9
21.
Abandonment, Interruption of Utilities,
Removal of Property & Lockout
10
No. Paragraph Description po,
22.
Holdover
10
23.
Landlord's Lien & Security Interest
10
24.
Assignment and Subletting
10.
25.
Relocation
11
26.
Subordination
11
27.
Estoppel Certificates
11
26.
Casualty Loss
11
29.
Condemnation
12
30.
Attorney's Fees
12
31.
Representations
12
32.
Brokers
12
33.
Addenda
13
34.
Notices
13
35.
Special Provisions
13
36.
Agreement of the Parties
14'
ADDENDA & EXHIBITS [check all that a
x❑ Exhibit "A" NON - MALTY I=M INVEN`T'ORY_
Exhibit
❑ Commercial Lease Addendum for 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
❑ Commercial Lease Guaranty
❑ Commercial Lease Right of First Refusal
Addendum
❑ Commercial Lease Addendum for optional
Space
❑ Commercial Leasehold Construction Addendum
❑
C]
{TAR -2101} 5 -26 06 Initialed for Identification by Tenant: , and Landlord: Page 1 of 14
c =a.,.. Rnherte Realiv 5434 c Cranlec 92n2- Coruus Christi TX 78413
2012 -031 7. Steve Roberts [fealty Associate 1921 Mcstina -Z
01/22/12 ` FormeNet, LLC 18025 Fifteen Mile Road, Clinton Township. Michigan 48035 www.zlnforM.corn
Walker Ill, William Dennis
INDEXED
40P
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS IS NOTAUTHORIZED.
iVans Asmociadan of REALTORSS, Inc. 2006
1. PARTIES: The parties to this lease are:
Tenant: CITY OF CORPUS CHRISTI
1201 LEOPAM ST CORPUS CHRISTI TX 78401 and
Landlord: WILLIAM - DENMIS WALKER III
P.O. BOX 2952 CORPUS CHRISTI TX 78403
2. LEASED PREMISES:
A. Landlord leases to Tenant the following described real property, (mown as the "leased premises," along
with all its improvements (Check only one box):
❑ (1) Mu Pie Suite or Unit Number containing approximately
square feet of rentable area in
at
(project name)
{address) in (city), -
Texas, which is legally described on attached Exhibit
(county),
or as follows;
d (2) Single- Tenant Property The real property at:
CORPUS CHRISTI TX 78408 (address) in
CORPUS CHRIS (city), CES (county), Texas, which
is legally described on attached Exhibit or as follows;
LOTS 6 AND 7 SLOCK A MISSOURT :E PROVEMSNT COMPANY TRACT
CITY 99 CORPUS CHRISTI COUNTY OF NUECES TEXAS
B.' If Paragraph 2A(1) applies:
(1) "Property" means the building or complex in which the (eased premises are located, inclusive of
any common areas, drives, parking areas, and walks; and
(2) the parties agree that the rentable area of the leased premises may not equal the actual or useable
area within the leased premises and may include an allocation of common areas in the Property.
3. TERM:
A. Term The term of this lease is 38 months and .o days, commencing on:
,December 1, 2007 „ ,,...____.. ( Commencement Date) and ending on
January 31 2011 (Expiration Date).
(TAR -2101) 6 -26.06 Initialed for Identification by Tenant: , and Landlord: page 2 of 14
Produced with ZlpForm` by RE FarmsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www-zioform.cam 1921 Mestina.z
1921 MESTINA
Commercial lease concerning: CORPUS CHRISTI, TX 78408
B.
Delay-of Occupancy If Tenant is unable to occupy the leased premises on the Commencement Date
because of construction on the leased 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 Commencement
Date Will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will 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 Date because of construction on the leased premises to be completed by Landlord
that is-not substantially complete or a prior tenant's holding over of the leased premises, Tenant may
'terminate this lease by giving written notice to Landlord before the leased premises become available
to 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 or repairs.
C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for
the leased premises if required by a governmental body.
4. RENT AND EXPENSES:
A. Base -Monthly ,Rent On or before the first day of each month during this lease, Tenant will pay
Landlord base monthly rent as described on attached Exhibit or -as follows:
from _
December 1,
to
January
31„
200$
$ . --
-- 2 .
4aa . OD ;
from -
February 1,
_2008
to
January
31,
2009 _ _
: $
_ 28
from
Februaxy„ 1,
2009
to
January
31,
2010_
: $
29
;
from
February 1
2010
to
January
31,
_
2Q11
$
_ -- 30,5.52.00
;
from
to
--
= $
B. First Pull Month's Rent The first full base monthly rent is due on or before — December 1, 2007
EASE PAYMENTS IN ADVANCE START F BRU Y 1 2008.
C. Prorated Rent If the Commencement 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
fraction: the number of days from the Commencement 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 Commencement 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 ag that apply.):
❑ (1) Commercial Expense Reimbursement Addendum
❑ (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: DENNIs WALKER
Address: P.O. sox 2952 CORPUS CHRISTI TX 78403
F. Method of Payment Tenant must pay all rent timely without demand, deduction, or offset, except as
permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after
(TAR -2101) 5 -25 -08 Initialed for Identification by Tenant: , and Landlord; Page 3 of 14
Produced vOth ZlfformTm by RE FormsNet, LLC 18025 Fiftsen Mile Road, Clinton Township, Michigan 48036 WMzt-zlphrm.corn 1921 Mestina-z
C)
1921 MESTINA
Commercial Lease concerning: CORPUS CHRIS I TX 78408
providing written notice to Tenant may require Tenant to pay subsequent amounts that become 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 timely payments with good funds.
G. Late Changes If Landlord does not actually receive a rent payment At the designated place of payment
within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost
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 20.
H. Returned Checks Tenant will pay $ 25 . (not to exceed $25) for each check
Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus
any late charges until Landlord receives payment.
S. SECURITY DEPOSIT:
A. Upon execution of this lease, Tenant will pay $ No SECURITY EPOSIT to Landlord as a security
deposit.
B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord
applies any part of the security deposit during any time this lease is in effect to amounts .owed by
Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of
Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward
amounts owed by Tenant or other charges authorized by this lease.
6. TAXES: Unless otherwise agreed by the partie$, 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 following utility charges to the leased premises and any
connection charges for the utilities. (Check all that apply.)
N/A Landlord Tenant
(1) Water ❑ ❑ Q
(2) Sewer ❑ ❑ d
(3) Electric ❑ ❑
(4) Gas 0 X
(5) Telephone ❑ ❑
(7) Trash l a a ❑❑
X
(8) se it Alarms stem ❑ ❑ all
(9) All other utilities ❑ ❑ d
B. The party responsible for the charges under Paragraph 7A 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 any liability for utility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord such amount.
(TAR -2101) 5 -26-06 Initialed for Identification by Tenant: and Landlord: Page 4 of 14
Produced with ZipFormT" by RE FormsMet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zloform.com 1921 Wtastina.z
O O
1921 MESTINA
Commercial Lease concerning. COR 11j._CHRISTI , TX_ 78408 _
C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and
are adequate for Tenant's intended use.
D. After- Hours HVAC Charges "HVAC services" means heating, ventilating, and air conditioning of the
leased premises. (Check one box only.)
❑ (1) landlord is obligated to provide the HVAC services to the leased premises only during the
Property's operating hours specified under Paragraph 9C.
❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased premises during other hours for 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 -flour 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 HVAC services under this paragraph.
❑ (3) Tenant will pay for the HVAC services under this lease.
S. INSURANCE:
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:
(1) public liability insurance in an amount not less than $1,000,000.00 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 an amount sufficient to replace such contents after a casualty loss.
B. Before the Commencement Date, Tenant must provide Landlord with a copy of insurance certificates
evidencing the required coverage. If the insurance coverage is renewed or changes in any manner or
degree at any time this lease. is in effect, Tenant must, not later than 10 days after the renewal Or
change, provide Landlord a copy of an insurance certificate evidencing the renewal or change.
C. If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect,
Landlord may:
(1) purchase insurance that will provide Landlord the same coverage as the required insurance and
Tenant must immediately reimburse Landlord for such expense; or
(2) exercise Landlord's remedies under Paragraph 20.
D. Unless the parties agree otherwise, Landlord will maintain in full force and effect insurance for: (1) fire
and extended coverage in an amount to cover the reasonable replacement cost of the improvements of
the Property; and (2) any public liability insurance in an amount that Landlord determines reasonable
and appropriate.
E. If there Is an increase in Landlord's insurance premiums for the leased premises or Property or 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 BE will be
equal to the actual amount of the increase in Landlord's insurance premium.
9. USE AND HOURS:
A. Tenant may use the leased premises for the following purpose and no other: CITY or CORPUS
CHRISTI FIRE DEPARTMENT STORAGE AND EQUIPMENT REPAIRS
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant: and Landlord: - Page 5 of 14
Produced with ZipForm by RE FomnsNet, LLC 18026 Fifteen Mile Road, Clinton Township. Michigan 48035 wwwApform.aom 1921 Mestina.2
(l O
1921 NESTINA
Commercial Lease concerning: CORPUS CHRISTI TX 78408
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 (specify hours, days of week, and if inclusive or exclusive of
weekends and holidays)_ A NEEDED BY TENANT
10. LEGAL COMPLIANCE:
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, or dangerous;
(2) any activity that interferes with any other tenant's normal business operations or Landlord's
management of the Property;
(3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant,
governmental order, owners' association rules, tenants' association rules, Landlord's rules or
regulations, or this lease;
(4) any hazardous activity that would require any insurance premium on the Property or leased premises
to increase or that would void any such insurance;
(5) 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, or other environmental matters;
(6) the. permanent or temporary storage of any hazardous material; or
(7) NZA
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 later enacted.
C. Landlord does not represent or warrant that the leased 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. Tenant mus t_satisfv its that
11: SIGNS:
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 for its cost to remove any unauthorized sign.
B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental
order 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.
C. By 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
or all signs that were 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, become the property of the
Landlord and must be surrendered to Landlord at the time this lease ends.
(TAR -2101) 6 -26 -06 initialed for Identification by Tenant: , and Landlord: Page 6 of 14
Produced with ZpForm by RE FormaNet, LLC 16026 Fifteen Mile Road, Clinton Township, Michigan 48036 www.ziofbrm.com 1921 Mestinaz
1921 NESTINA
Commercial Lease concerning: CORPUS CHRISTI TX 7$908
12. ACCESS 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 for repairs, maintenance, alterations, and showing the
leased premises to prospective tenants or purchasers_ Landlord may access the leased premises after
Tenant's normal business hours if. (1) entry is made with Tenant's permission; or (2) entry is necessary
to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business
operations when accessing the leased premises.
B. During the last 30 days of this lease, Landlord may place a "For Lease" or similarly worded sign in
the leased premises.
13. MOVE -IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as -is)
condition unless expressly noted otherwise in this lease. Landlord and any agent have made no express or
implied warranties as to the condition or permitted use of the leased 12remises or Pro ert .
14. MOVE -OUT CONDITION AND (FORFEITURE OF TENANT'S PERSONAL PROPERTY:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when
received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition
free of all trash, debris, personal property, hazardous materials, and environmental contaminants.
B. 'If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the
leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal
property by providing written notice to Tenant; or (2) retain such personal property as forfeited property
to Landlord.
C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord.
"Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or
abuse_
D. By 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
or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any
fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must
be surrendered to Landlord at the time this lease ends.
15, MAINTENANCE AND REPAIRS:
A. Cleaning Tenant must keep the leased premises clean and sanitary and promptly dispose of - all
garbage in appropriate receptacles. a Landlord d Tenant will provide, at its expense, janitorial
services to the leased premises that are customary and ordinary for 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 as making any modification to the grease trap that may be necessary to
comply with any applicable law.
B. Re airs of Conditions Caused by a Party 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. Repair and Maintenance Res onsibilit : Except as otherwise provided by this Paragraph 15, the party
designated below, at its expense, is responsible to maintain and repair the following specified items in
the leased premises (if any). The specified items must be maintained in clean and good operable
condition. If a governmental regulation or order requires a modification to any of the specified items, the
party designated to maintain the item must complete and pay the expense of the modification. The
(TAR -2101) 5 -26-0 Initialed for Identification by Tenant: , and Landlord: Page 7 of 14
Produced with xipForne*" by RE formsNet, LLC 18028 Fifteen Mile Read, Clinton Township, Michigan 48035 wfyw 7Joforrn..wm 1921 Mestirla.z
') O
1921 bMSTTNA
Commercial Lease concerning: COREUS CHRISTI, TX 78408
specified items include and relate only to real property in the leased premises. Tenant is responsible.for
the repair and maintenance of its personal property. (Check all that apply.)
(1) Foundation, exterior walls, roof, and other structural components
NIA
Landlord
Tenant
(2) Glass and windows
(3) Fire protection equipment and fire sprinkler systems
❑
❑
d
(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
El
W
(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
(11) Signs and lighting:
(a) Pylon
C3
❑
(b) Facia
❑
❑
(c) Monument
(d) Door /Suite
❑
a
(12) Extermination and pest control, excluding wood - destroying insects
❑
❑
(13) Fences and Gates
El
x
(14) Storage yards and storage buildings
(15) Wood- destroying insect treatment and repairs
❑
❑
all
(16) Cranes and related systems
❑
❑
(17) N/A
L1
C3
(18) NLa
d
❑
❑
(19) All other items and systems,
❑
(KI
D. Rer)air Persons Repairs must be completed by trained, qualified, and insured repair persons
E. HVAC Service Contract If Tenant maintains the HVAC system under Paragraph 15C(10), Tenant Q 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 falls 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 or
exercise Landlord's remedies under Paragraph 20.
F. Common, Areas Landlord will maintain any common areas in the Property in a manner as Landlord
determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in
the common 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 with Landlord's rules
and restrictions. Tenant may not solicit any business in the comrrfon areas or interfere with any other
person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies.
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant:
, and Landlord: ,
Page 8 of 14
1921 .Mestina.z
Produced with Z PFornr"" by RE FDTMB fet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www 3ioforrn.com
0 0
1921 MESTINA
Commercial Lease concerning: US CHRISTI TX 78408
G. Notice of Repairs, Tenant must promptly notify Landlord of any item that is in need of repair and that is
Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing.
H. Failure to Repair Landlord must make a repair for which Landlord is responsible within a reasonable
period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to
repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the
item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse
Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies Lander Paragraph 20.
16. ALTERATIONS:
A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's 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 locks or any security devices on the Property or the leased premises without
Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other
security devices, Tenant must immediately deliver the new keys and access devices to Landlord_
C. 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 15 will, at its
expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A
and 17.
D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by
either party during the term of this lease will become Landlord's property and must be surrendered to
Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove
under Paragraph 11 or 14 or if the parties agree otherwise in writing.
17.
18.
occurrences or casuaijy losses.
To the extent ermitted b law, (Tenant's initial
19. INDEMNITY: 65 MV will in mrli and frnm nnv nrnnPrkv r
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 more than 30 days to cure, Landlord will not
be in default if the cure is commenced within the 30 -day period and is diligently pursued.
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant: , and Landlord: Page 9 of 14
Produced with ZipFOrmT- by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48036 www.zioform.com I921 Mestinea
LIENS: Tenant may not do anything that will 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 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of
record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant
obtains pursuant to this paragraph.
l O
1921 MESTINA
Commercial Lease concerning: 9 CURIS11, 78408
B. If Landlord does not actually receive at the place designated for payment any rent due under this lease
within 5. days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any'
other. reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in
default,
C. If Tenant is in default, Landlord may: (i) terminate Tenant's right to occupy the leased premises by
Providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable
during the remainder of this lease or any renewal period without notice or demand. Landlord will
attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable
means, if Tenant is in default, Tenant will be liable for:
(1) any lost rent;
(2) 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 normal wear and tear;
(4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court. costs, and
prejudgment interest;
(5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and
returned check charges;
(6) cost .of removing any of Tenant's equipment or fixtures left on the leased premises or Property;
(7) cost to remove any trash, debris, personal property, hazardous materials, or environmental
contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased
premises or Property;
(8) cost to replace any unreturned keys or access devices to the leased premises, parking areas, or
Property;
(9) any other recovery to which Landlord may be entitled under this lease or under law.
21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT:
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a)
abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d)
"lock -out" of Tenant.
.22. HOLDOVER: 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 demand from Landlord.
No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tenant will
indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent
any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily
basis and will be immediately due and payable daily without notice or demand.
23. LANDLORD'S LIEN AND SECURITY INTEREST: To secure Tenant's performance under this lease,
Tenant grants to Landlord a lien and security interestagainst all of Tenan s nonexem t ersonal propert
that is in the leased premises or Property This lease is a security agreement for the purposes of the
Uniform Commercial Landlord may file a copy of this lease as a financing statement,
24. ASSIGNMENT AND SUBLETTING: Landlord may 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 or 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 or without the consent of Landlord.
(TAR -2101) 5 -26 -06 Initialed for identification by Tenant: and Landlord: I Page 10 of 14
Produced with ZlpForm by RE FormsNel, LLC 16025 Fifteen Mile Road, Clinton Township, Michigan 48035 WWWAprarm.com 1921 Mestina.z
1921 MSSTINA
Commercial Lease concerning: 9o1APUS_ CHRISTI, TX
25. RELOCATION:
C3 A. By providing Tenant with not less than 90 days advanced written notice, Landlord may 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 improvements.
Landlord will pay Tenant's reasonable out -of- pocket moving expenses for moving to the other location.
"Moving expenses" means reasonable expenses payable to professional movers, utility companies for
connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office
equipment required by the relocation, and printing companies for 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.
I� B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior
consent.
26. SUBORDINATION:
A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to:
(1) any Gen, encumbrance, or ground lease now or hereafter placed on the leased premises or the
Property that Landlord authorizes;
(2) all made under any such Gen, encumbrance, or ground lease;
(3) the interest payable on any such lien or encumbrance;
(4) any and all renewals and extensions of any such lien, encumbrance, or ground lease;
(5) any restrictive covenant affecting the leased premises or the Property; and
(6) the rights of any owners' association affecting the leased premises or Property.
B. Tenant must, on demand, execute a subordination, attomment, and non disturbance agreement that
Landlord may 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.
27. ESTOPPEL CERTIFICATES: Within 10 days after receipt of a written request from Landlord, Tenant will
execute and deliver to Landlord an estoppel certificate that identifies the terms and conditions of this lease.
28. CASUALTY LOSS:
A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days
after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are
less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss.
B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord 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.
C. If the leased premises are more than. 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate
this lease; or (2) restore the leased premises to substantially the same condition as before the
casualty. If Landlord chooses to restore and does not substantially restore.the leased premises within
the time required, Tenant may terminate this lease.
D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120
days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and
terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlord within 10 days.
(TAR -2101) 5 -26.06 Initialed for Identification by Tenant: , , and Landlord: a , Page 11 of 14
Produced with Z.IpFormT" by RE FormaNat, LLC 10025 Fifteen Mile (toad, Clinton Township, Michigan 48035 www.zloForm.com 1921 Mestina.z
1921 MESTINA
Commercial Lease concerning: C RELM CHRISTI TX 78408
E. if this lease does not terminate because of a 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 are unusable.
29. CONDEMNATION: 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 terminate. If after. a condemnation or'
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 no claim to such proceeds or award. Tenant may seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
30. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, reasoriable
attorney's fees, and all other costs of litigation from the nonprevailing party.
31. REPRESENTATIONS:
A. Tenant's statements in this lease and any application for rental are material representations relied upon
by Landlord. Each party signing this lease represents that he or 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 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: ONE KNOWN BY LANDLORD T
C. 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 13224; (2) it is not
acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is
not arranging or 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 is a Specially Designated and
Blocked person will indemnify and hold harmless any other person who relies on this representation
and who suffers any claim, damage, loss, liability or expense as a result of this representation.
32. BROKERS:
A. The brokers to this lease are:
NONE NONE
Cooperating Broker License N3o, Principal Broker License No..
Address Address
Phone Fax Phone Fax
E -mall E -mail
Cooperating Broker represents Tenant. Principal Broker: (Check only one box)
❑ represents Landlord only.
❑ representsTenant only.
❑ is an intermediary between Landlord and Tenant.
(TAR -2101) 5 -26 -06 initialed for Identification by Tenant: and Landlord: Page 12 of 14
Pmduoad with ZlpFoTmT* by RE FormsNet, L-C 18025 Fifteen Mlle Road, Clinton Township, Mildligan 480$5 www.zinform.cam 1921 Mestintz
1921 MESTINA
Commercial Lease conceming: CORPUS CHRISTI TX 78408
B. Fees
❑ (1) Principal Broker's fee will be paid according to: (Check only one box).
❑ (a) a separate written commission agreement between Principal Broker and:
❑ Landlord ❑ Tenant.
❑ (b) the attached Addendum for Broker's Fee.
❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box).
❑ (a) a separate written commission agreement between Cooperating Broker and:
❑ Principal Broker ❑ Landlord a Tenant.
❑ (b) the attached Addendum for Broker's Fee.
33. ADDENDA: Incorporated into this lease are 1he addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made
of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion,
amend from time to time.
34. NOVICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by
mail, or sent by facsimile transmission to:
Tenant at the leased premises;
and a copy t0: ITY or CORPUS CHRISTI
Address:
Phone: - Fax:
I❑ Tenant also consents to receive notices by e-mail at: -
Landlord at: .D
Address: X 2952 CORPUS CHRISTI TX 78403
Phone: ( 3611813- 72.9.6 Fax:
and a copy to: _
Address:
Phone:
❑ Landlord also consents to receive notices by e-mail at:
Fax:
35. SPECIAL PROVISIONS:
TENANT HAS OPTION TO EXTEND LEASE AGREEMENT FOR AN ADDITIONAL 3 YEAR PERIOD
WITH ANY INCREASES OVER THE 2007 BASE YEAR FOR TAXES AND INSURANCE, IF ANY,
BEING: ADaUSTED IN NEW LEASE RATE. ANNUAL RENTS WILL CONTINUE TO INCREASE BY 3$
PER YEAR. TENANT TO NOTIFY LANDLORD THAT LEASE OPTION WILL BE EXERCISED AT
LEAST 90 DAYS PRIOR TO LEASE EXPIRATION.
TENANT HAS PERMISSION TO REMODEL OR EXTEND OFFICE SPACE IN BUILDING WITH PLANS
BEING APPROVED BY LANDLORD PRIOR TO CONSTRUCTION,
SEE ATTACHED EXHIBIT "A" 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 PREMISES.
PROPERTY BEING LEASED IN CURRENT "AS IS, WHERE IS, 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).
(TAR -2101) 5 -26 -06 Initialed for Identification by Tenant: , and Landlord: Page 13 of 14
Produced w1th ZipFormTM by RE FormsNet, LLC 18026 Fifteen Mile Road, Clinton Township. Michigan 48035 yc&w.ZiOforM,aom 1921 Mestinaz
. • , . -'
1921 MESTINA
Commercial Lease conceming: COREW CHRISTI, T 78408
36. AGREEMENT OF PARTIES:
A. E ntire Agreement This lease contains the entire agreement between Landlord andlenant and may not
be changed except by written agreement.
B. Binding Eff ect: This lease is binding upon and inures to the benefit of the parties and their respective
heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, 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.
D. Controll Law The laws of the State of Texas govern the interpretation, performance, and
enforcement of this lease.
E. Severable Clauses If any clause in this lease is found invalid or unenforceable by 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. . Waiver : Landlord's delay, waiver, or non- enforcement of acceleration, contractual or statutory lien, .
rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by
Tenant or any other term in this lease.
G. Quiet Eniovment 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 material interference.
H. Force Ma' ure: If Landlord's performance of a term in this lease is delayed by strike, lock -out, shortage
of material, 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. 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 BEFORE signing.
CITY OF s CH R I STI
Tenant
By
IV
Printed Name
Title
ILLIAM DENN NWAER III
Landlord
By
Date
Printed Name WILLIAM DENNIS WALKER IIi
Title OWNER/LANDLORD
N/ " --
E +�b'ri Landlord - T
By
Date Date
Printed Name Printed Name
Title Title
.. AU1liuhmu
fin
(TAR - 2101) 5 -2e -06 AfiMA14 DOC PPA
Produced with ZpForm by RE Forms 18023 Fifteen Mile Road, Clinton Township, Mich" a 4 03 �.z zi iu y f�or&i '
P � _
acl1if7'lOY ... �
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE EXHIBIT
USE OF THIS FORM BY PERSONS WHO ARE PLOT MEMBERS of THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED
@Texas Association of REALTORW, Inc. 7008
EXHIBIT 'A' ON— A TY IT= I NTORY
TO COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE LEASED
PREMISES AT 1921 MIJSTINA CORPUS CHRISTI TX 78408
THE FOLLOWING NON — REALTY ITEMS WILL REMAIN AT THE PROPERTY FOR USE AND
MAINTENANCE BY TENANT:
16 SECTIONS OF WAREHOUSE SHELVING WITH PLYWOOD ON TOP
47 — 8' LONG SHELVES
2 —TON SHOP HOIST WITH 3 —PHASE ELECTRIC IN WORKING ORDER. (IF
HOIST, OWNER HAS THE RIGHT TO REMOVE IT FROM WAREHOUSE WITH
GIVEN TO TENANT).
K _ �
OWNER NEEDS THE
46 -HR ADVANCE NOTICE-
CITY OF CORPUS CHRISTI WILLIAM DENNIS WALKER III
Tenant Landlord
By By /0 a v /_
Date Date
N/A N/A
Tenant Landlord -
-
Date
By
Date
(TAR -2115) 5 -26 -06 Page 1 of 1
Steve Roberts Realty 5934 S. Staples #202, Corpus Christi TX 78413
Phone: 3619931125 Fax: (361) 993 -1 127 Steve Roberts Realty Associate 1921 Mestinaz
Produced with Z1pFormTM by RE FormsNet, LLC 18025 Flfteen Mlle Road, Clinton Township, Michigan 48035 www_zi rrn.c m
1 84/12/2884 11Q. 09 � G88A8 ` 14 ZA01 imawl
TEXAS A894CfATI(jN t3P RHALTORS(p
'RAM '0�1
COMMeRC AL LEASE ADDENDUM OOR EXTENSION CiFT0,M
Ire! or 1MHa � oRR � 1r � p40KYWIloNyEHDY1Wl119 HSdI tlll�Itlillliiod�l�Al�q�lelN .1ho0.1a►]�myr�lRltaA r
.:. orxultr�asre HluHStla!lallo„ r.�le
ADDENDUM To HL CbMM9 1AL, 11 9 1,'BipmVINK THE low"l w a DCH Rt4I
ZRA9RD t�R9MI8fI6
A. At TenMt'8 aptlan pnaftt may extend dte tenet of abova•rergretttod leagefor !
teen {sJ a the each.'The.flra# additional terrll oommencea upon e.exp r on of dditiona
stated In the eaGe arld any eu aquent add
baitlanal term aan tetZCSe upon_the eivIra#lon of the then
applicable extended [aria.
S. Teresa) may exsralas Tenant'* optlonts) to extend tinder f'arepreph A arty by prOtAtting Witten notice to
Landlord at low , mow day$ efare the and of the then current term of tho lease.
C. T enant rnoy not exet+cise Tenant's optbn(s) to extend under Paragraph A If the [gage la tsrmtROtad brrfvre
Tenant exerataes Its Option to extend or Tenant is In WOW Of the tetltle at the #Ime T'enerlt %M"6 Ire
option to extend.
D. Curing 1ho acrd €clonal terrn all provIelons r f the I
emenel mage will colltlnlre as In $ifsc4 Immedlste
a commenaos except the base mnlhiy to 90 Will the aims iarle�I n afk i bit: ly bebre the
(Cheek {V, (2) orfd) ani
we II
F
() - w , envy' ,f turdases I n ins cansutrfer Prlav Index for *All U Fb*n Consumer% US Cti
All Ramp ", 111 30016 by the bureatt of Labor $Walks at the U.e. De arbnent of Labor. The a y Average, by mutttplying the base manthly rent for the las rdonth of the laftg by I fdlo lno
fl'ftollan; (Q the htimerakr will be.the publlshod Index numbw rorienual in they y year the addIll nat
cammenaae; and 01) (ho denominator wilt lye the p� blh tad indox number for January In the year In Whlah
the ortirtat IeQee tOrm commmnoel�
U (3) the prevahtn rontel rate on the 46th day before the addlftQnal term anlnmenaas for
compr =d4 etandttng as Tenant. arable OIL*, yualHy, cutldttlon, II1 prove
glm a lrtenls, utE€Hy, I+o>ratlarl and Ieng of term fop ten t'tx of
E. g Paragraph 0(a) alypgea and the partles do not agree 'on thri amount aF the revel
additional loan btrfprs the 301[1 day before .the eddldonst m amount of t P eechl" r ay cal for the
slate•paftl[ted apprat>3er arrd deliver the appral f'g writwill uAt 10n the ProvaRtnD rental rate fu the other employ g
it'AIL�zfQ43 i-�8.10 Infltated Cgrld9Jr11t;C8t�1I1 by Lo1ld)brd!
Piudenthr Ri.l la Ca�uer 1 4208VA P+dx hind QsiKa p p884 i of 2
prws�:S61.�4>•09,E1 hm 361+ 011293 t 1 6niton�
P+ +caadrAtls,�tpFarm�AY Y9� � #*Fresw. "an4gM �ra�rd
1)
(G) le, Gbmmet+c(ei l emAgreement is hereby amended as thlbwgs
Sectlon &A (1)•fs deleted in b entirety.
A <tdandnmfar�teaston��n�amcamleg �
AadY riot toter [
tlm 4 they Ism dear beCoie 41i Ada 196 Mmfncas. t1 the a,Pr re opi 116118 do not .
y by m" umn 0% t►m g't+antel. pro. ba tlrs s atthv iwo �iR�a�te. the hpprafeere'
apintehe va[y mate den 1�epfxalaera'Wgl o a rimerwho: fees1�Yrlt be stir t
egaally the riuR #e ttifrd �perle e e prsYellrne retmete vu�rbo [hu averr eFfhep .
eRfht are r1igr in amount: if efqr lm to • or yfnesy t�li�er on 11 [areer"e [m ail
ro�ubed by
this {m repN, the oprnian rend"d th aPp WempiWW by the othsr paKy wirf determhe
the pmveH no rental rata,
t
@4!l2f2804. @9 BH6a, 09 t a " ZAM H PA OE • '
9
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4
TEXAS ASSOCIATION OF R EALTORS®
USE OF THIS F03MSY PER8014SVM ARE NOT MEMIBERS OF THETOM ASSOCIATION OF REALTOPM l3 HOT AUTHORREM
ftexes AssoaWm at R@AI TOr4 ft Inc. 2910
ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING. THE
LEAM PREMISES AT 1 M-e if - 4 6 r '
e. — l+ 2:LsrY, Tia
A. At Tenant's option, Tenant may extend the term of above - referenced lease for O N 6 � additional
i t terms) of —Awe lyc. months each. The first additional term commences upon the expiration of the term
stated in the lease avid any subsequent additional term commences upon the expiration of the then
applicable extended term.
B. Tenant may exercise Tenant's option(s) to extend under Paragraph A only by providing written notice to
Landlord at least days before the end of the then current tern of the lease.
C. Tenant may not exercise Tenant's option(s) to extend under Paragraph A if the lease is terminated before
Tenant .exercises its option to extend or Tenant is in breach of the lease at the time Tenant exercises its
option to extend.
D. During the .additional term(s), all provisions of the lease will continue as in effect immediately before the
extendion(s) commences except the base monthly rent during the additional term(s) will be:
(.C1 (f), (2 or (3) only.)
V Gro)
Dates
Date Por rentable sc
uare foot tional
Base Monthly
Rent `
From
To
$ Monthly Rate
$ Annual Rate
•e Or
J,a►3
! EA I Moth
1 rs
Gs
1
1 [if I YPA r
sf moM.
1 rs r
I f
1 f e
1 TO 1
f rsf E ar
[7w
U (2) adjusted to reflect increases in the Consumer Price Index.for "AIl Qrban Consumers, U.S. City Average,
All Itemer, issued by the Bureau of i Statistics of the U.S. Department of Labor. The adjustment will
be determined by multiplying the base monthly rent for the last month of the lease by the folllowing
fraction: (1) the numerator will be the published index number for January in the year the additional term
commences; and (it) the denominator will be the published index number for January in the year in which
the original lease term commences.
�] (3) the prevailing rental rate on the 45th day before the additional term commences for premises of
comparable size, quality, condition, improvements, utility, locatlon, and length of term for tenarrfs of
similar credit standing as Tenant.
E. If Paragraph D(3) applies and the parties do not agree on the amount of the prevailing rental rate for the
additional term before the 30th day before -the additional term commences, each party will employ a
state-certif[ed appraiser and deliver the appraiser's written opinion of the prevailing rental rate to the other
(TAR 21fl4)1 -28 -10 initialed for Identification by Landlord: , and Tenant: Page 1 of 2
PoWea3lial Real ftate Center 14200 South Padve Island Drive Cups Christi, TX 78418
Phono:361- 443.0524 Fax; 361 -944 -?235 MicholoJohnstan Ilntiticcl
Produced YAM ZipFormR by zlpL * 10070 FMaen Mre Road, Fmm. Mtdkm 48026 ItoavApLamlxstaat
Addendum for Extension Option concerning J J A t �S r �? A 6 (A r r s1Y � � �(. 7 9Yoy TJ e
not later than the 1 th stay before the additional term commences. If the appraisers' opinions do nbt
>y than 10%, the prevailing rental rate will be the average of Ahe two opinions. If the appralsers'
equally by the parties. If a third appraiser is engaged, the prevailing rental rate will be the average of.#jq 60
opinions that are closest in amount. If either party falls to employ or #imely deliver an appraiser's 'o inlon-as
required by this paragraph, the opinion rendered by the appraiser employed by the other party will determine
the prevailing rental rate.
� s� Thy Cra wt�+�✓c - Ive e 1 —O ARNI iS
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By (signature):
Printed W Wr /r:+ G�{�/vs
ay:
By (signature):
Printed Name:
Title:
Tenant:
By. 40
By (signature):
Printed Name:
Title:
By:
By (signature):
Printed Name:
------- - - - - --
Title• .
(TAR 21.04)1 -26 -10 Page 2 of 2
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