HomeMy WebLinkAboutRES 11-013RESOLUTION NO.11 -013
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a three (3) year lease agreement
with Weingarten Realty (Landlord) for property located at 4890 Dowlen Road, Beaumont,
Texas, for a proposed expenditure of $2,909.48 per month for the Women's, Infants and
Children (WIC) satellite office. The lease agreement is substantially in the form attached
hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
January, 2011.
s
W r
4�
At
N@!s_
1-0
00 FIR
FINARM
�or Becky Ames -
LUrS /SVj/AB
06/08/10
07/07/10
10/27/10
11/05/10
11/09/10
LEASE CONTRACT
2008SP• -NPR - TX
T - 17426
TWS LEASE CONTRACT entered into by and beriveen "Landlord" and "Tenant" on this the _ _. day of
2010, in accordance with the terns and conditions hereinafter set forth.
WITNESSFT14:
ARTICLE 1. BASIC PROVISIONS AND CERTAIN DEFINED TL-RMS
When used herein, the following terms shall have the indicated meanings:
1. "LAND-1.0-KID": Eastex Venture
"NOTICE ADDRESS ": P.O. Box 924133, Houston TX 77292 -4133, Attn: General Counsel
2 ' ">" ' ": City of Beaunont
"TENANT`S TRADE NAME" (dAVa): Public health Department; Women, Children's and Infants (WIC) Program
"NOTICE ADDRESS ": City ofBeaumont, Attn: City Manager, P.O. Box 3827, Beaumont, TX 77704 -3827
3. "GUARANTOR ": None
4. "LEASED PREMISES Approximately 2,425 square feet constituting part of the Shopping Center as shown on Exhibit
„A„
5. LEASE TERM:
"COMMENCFl�yIENT DATE": Earlier of (i) 45 days after tender of possession o£ the Leased Prenuses to 'tenant, or
(ii) the date upon which Tenant opens for business in the Leased Premises.
"TERMINATION DATE ": Last day of the 36th full calendar month afterthe Commencemesd Date.
6. "MT)\'IhIUM RENT": $2,909.48 per month
7. "PER ENTA F RENT ": N/A
8. "PERMITTED USE ": For general office and distribution purposes for the women, infant, children supplemental food
program and for no other purpose. Under no circumstance shall 'Tenant utilize the Leased Premises for a medical or dental
clinic or offer medical or dental treatment or dispense drugs or other pharmaceutical products (prescription or otherwise)
from the Leased Promises.
9. PREPAID RENT: Tenant shall pay $2,909.48 upon Lease execution, which shall be applied to the fast month's
Minimum Rent.
TIIE SUBMISSION Op THIS LEASE FOR EXAMINATION BY TENANT AND/OR EXECUTION THEREOF BY TENANT
DOES NOT CONSTITUTE A RESERVATION OF OR OPTION FOR TIM LEASED PREMISES AND THIS LEASE SHALL
BECOME EFFECTIVE ONLY UPON EXECUTION BY ALL PARTIES HERETO AND DELIVERY OF A FULLY
EXECUTED COUNTERPARTHEREOF BY LANDLORD TO TENANT.
EXHIBIT "A"
200&SF -NPR - TX
ARTICLE ll - PREMISES
S,CTIt?N 2.01. landlord hereby leases to Tenant, and Tenant hereby leases from Landlord the Leased Premises which shall
be a portion of a building situated or to be situated substantially in the location identified as the Leased Premises on Exhibit
"A ", attached hereto and made a part hereof for all purposes, such building to be constructed or being constructed on part of
the tract of property described in Exhibit "B ", attached hereto and made a part hereof for all purposes, The land described in
Exhibit "B" (as may be reduced or increased fl-on, time to time) and any existing and/or future buildings, parking area,
sidewalks, service areas or other improvements now existing or hereafter erected thereon are sometimes herein referred to as
the "Shopping Center". Landlord reserves the right to place under or over the Leased Premises pipes, wires and lines serving
other areas of the Shopping Center provided such right is exercised in a manner which does not unreasonably interfere with
Tenant's business.
SECTION 2.02. In detaxmining the floor area of the Leased Premises, distances shall be measured from the exterior face of
all exterior walls and the center of all partition walls, which separate the Leased Premises from any interior area. walls
separating the Leased Premises from a mall and corridor walls shall be deemed to be, exterior walls of the leased Premises.
F 1,10N 2.03. The Leased Premises shall be constructed in accordance with the Construction Rider attached hereto and
incorporated by reference herein for all purposes.
ARTICLE III - TERM
SECTION 3._Q.1. The term of this Lease (the "Lease Term ") shall commence on the Commencement Date and shall terminate
on the Termination Date, unless sooner terminated in accordance with the terms and conditions hereiaafler set forth. At the
request of Landlord from time to time made, Tenant will execute one or more memoranda or letters stating the
commencement and temrinatim dates of the Lease.
Notwithstanding anything contained herein to the contrary, Landlord and Tenant hereby agree and understand that funds for
the Leased Promises and the Permitted Use are approved by the State of Texas. The State of Texas statutes prohibit the
obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond
the end of the current State of Texas fiscal year will be subject to budget approval. Tenant may cancel this Lease upon thirty
(30) days' written notice to Landlord, if appropriate funds arc not approved for the following fiscal year.
SECTION 3.02. Notwithstanding the fact that the Lease Team will commence at a date subsequent to the execution of this
instrument by Landlord and Tenant, such parties intend that each shall have vested rightsumrediately upon the signing of
this instrument and that this instrument shall be fully binding and in full fora and effect from and after execution hereof by
Landlord and Tenant.
SECTION 3.03. The temi "Luse Year" shall, in the case of the first Lease Year, mean the period which commences with the
Commencement Date and terminates on the last day of the twelfth (12th) full calendar month after the Commencement Date.
If a Minhaum Rent Commencement Date is provided in Article 1.6. hereof, then the first Lease Yew shall be the period
which commences on the Commencement Date and terminates on the last day of the twelfth (121h) full calendar month after
the Minimum Rent Commencement Date. If the Commencement Date is not the first day of a calendar month, the first Lease
Year shall include the partial month, if any, at the beginning of the Lease Term. Each subsequent Lease Year shall mean a
period of twelve (12) full calendar months commencing with the date following the last day of the first Lease Year, and
commencing with each subsequent annual anniversary of such day. The last Lease Year of the Lease Term shall be the
period which commences on the day immediately following the last day of the preceding Lem You and terminates on the
last day of the Lease Term. Accordingly, such last Lease Year may be less than twelve (12) fall calendar months.
SECTION 3.04. Landlord covenants that Tenant, upon paying all Minimum Rent and other charges due under this Lease and
performing and observing all of the other terns and conditions of this Lease to be performed or observed by Tenant, shall
peacefully and quietly have, hold and enjoy the Leased Premises and the appurtenances thereto throughout the Lease Term
without hindrance, ejection or molestation by Landlord.
ARTICLE N - RENTAL
SECTION 4.01. Tenant covenants and agrees to pay to Landlord the Minimum Rent in Houston, Harris County, Texas, at
P.O. Box 924133, Houston, TX 77292 -4133, or at such other address as Landlord tray from time to time designate in writing.
Payments made to a lockbox are not reviewed or read, and any written statements or notices addressed to the lock box or
written on a check deposited in a lockbox are not binding or enforceable upon Landlord. All Minimum React payments shall
be made on the first day of each calendar month, monthly in advance, for each and every month during the Lease Term.
Upon the Commencement Date, Minimum Rent shall be payable for the first full calendar month of the Lease Term; but if
the Lease Term does not commence on the first day of a calendar month, a pro rata part of Minimum Rent shall be payable
for such partial month. Any prepaid or advance rental actually paid by Tenant shall be applied toward all amounts due under
this Lease as the same accrue.
SECTION 4 .0. Intentionally Omitted.
ECTLQN 4,03. All rent and other sums hereunder provided to be paid by Tenant shall be due and payable by Tenant,
subject to any lawful offset, deduction or credit to which Tenant may be entitled. Minimum Rent and other payments which
are more than ten (10) days past due shall bear interest as provided for by §2251 of the Texas Government Code. All stuns
and charges of whatsoever nare required to be paid by tu 'tenant pursuant to the terms of this Lease constitute additional rant
and failure by Tenant to timely pay any amount due hereunder may be treated by Landlord as a failure by Tenant to pay
Minimum Rent.
SECtION 4.04. The relation created by this lease is that of landlord and tenant. No provision of this Lease shall be
construed to create a joint venture, partnership, or other business association between Landlord and Tenant. In no event shall
Tenant be the agent of Landlord nor shall Landlord be liable for the debts of Tenant
2008SF -NPX- TX
ARTICLE V — UTILITIES
SECTION 5.01. Landlord will provide water and sanitary sewer service to the Leased Premises, and the cost to provide same
has been included in Minimum Rent. As such, no separate charge shall be payable by Tenant with respect to water and
sanitary sewer service to the Leased Premises. Commencing upon tender of possession of the Leased Premises to Tenant,
Tenant will at its own cost and expense pay for all other utilities used in the Leased Premises and will save and hold Landlord
harmless from any charge or liability for same, Payments shall be made directly to the suppliers of such utilities.
SECTION 5.02. interruptions or malfunctions of any utility services shall not constitute an eviction or disturbance of
Tenant's use or possession of the Leased Premises or a breach by Landlord of any of Landlord's obligations hereunder or
render Landlord liable for any damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder or grant
Tenant any right of off -set or recouptrtcnt, except that in the event any utility service to the Leased Premises is interrupted
due to the negligence of Landlord, or Landlord's employees, agents or contractors, and, as a result, Tenant is unable to and
does not, conduct business in the Leased Premises, and if such interruption continues for a period of twenty -four (24)
consecutive hours or more after Tenant notifies Landlord of such interruption, risen commencing upon the date the twenty-
fourth (244') hour of continuous interruption occurs and continuing through the date prior to the date the interrupted service is
restored, Minimum Rent and Additional Rent shall be abated based upon the number of days of continuous interruption as
compared to the total number of days in the applicable calendar month. Such abatement shall be Tenants sole and exclusive
remedy arising out of may interruption of utility services due to Landlord's negligence or the negligence of Landlord's
employees, agents or contractors.
ARTICLE V7 - USE
SECTION 6,91. Tenant will use the Leased Premises solely for the Permitted Use. Tenant will not use or permit use of the
Leased Premises for any other purpose without the prior written consent of Landlord, which may be withheld by Landlord in
its sole and absolute discretion. The Leased Premises shall be advertised as and operated under Tenant's Trade Name.
Tenant will comply with such reasonable regulations as Landlord may promulgate regarding sanitation, cleanliness and other
matters at the Leased Premises or within the Shopping Center, including without limitation removal of garbage, trash and
other waste. Tenant will not conduct any auction or bankruptcy or fire or "lost - our - lease" or "going- out -of- business" or
similar sale or make any unlawful use of the Leased Premises or permit any unlawful use thereof.
SF,CTION 6.02. Landlord hereby agrees to contract for the supplying of a " dumpster" for Tenant`s use. Tenant shall place
all of its trash from the normal operation of its business activities at the Leased Premises (excluding construction) into the
dumpster container provided by Landlord, and Tenant agrees that no other trash container may be utilized by Tenant outside
the Leased Premises. Landlord hereby agrees to contract for a dumpster service which will empty the dumpster on a regular
basis. The cost to provide trash removal service has been included in Minimum Rent and as such, no separate charge shall be
payable by TenaaL
ARTICLE VII - COMMON AREA
ACTION 7.01. Landlord will provide and maintain a "Common Area' (as hereinafter defined) in the Shopping Center and
make necessary repairs thereto and, except when prevented from doing so by causes beyond its control, Landlord will also
provide lighting in the parking area in the Shopping Center from dusk until the later of (1) 9:30 o'clock P.M., or (ii) one -half
hour after the closing hour of the tenants occupying ninety percent (90 %) of the floor area of all stores in the Shopping
Center. Tenant, its employees, customers and invitees shall have the non- exclusive use, along with others, of the Common
Area. Landlord shall have the right, from time to time, to change the arrangement, layout andlor size of the Common Area,
and designate employee parking spaces and tenant truck loading zones, and to do and perform such other acts in the Common
Area as Landlord shall, in its good faith judgment, determine to be advisable. Landlord shall have the right, from time to
time, to establish, modify and enforce rules and regulations with respect to the Common Ares. For purposes of this Lease,
the phrase "Common Area" means all or any part of the Shopping Center not leased or rented or held by Landlord for the
purposes of being leased or rented to other tenants as may from time to time be designated or treated by Landlord as part of
the Common Area. 'Nothing in this Article or elsewhere in this Lease shall be construed as constituting the Common Area, or
any part thereof, as part of the Leased Premises. Nothing contained in this Lease shall require or obligate Landlord to
provide security services in all or any portion of the Shopping Center. To the extent Tenant deems it necessary or prudent to
provide security services in the Leased Premises Tenant shall have the right to provide such services at Tenant's sole cost
SECTION 7.02. Tenant will at all times keep all merchandise and displays within, the Leased Premises.
ARTICLE VIII - ASSIGNMENT AND SUBLETTING
pQIIDN B.M. Notwithstanding any provision herein to the contrary, Tenant agrees not to assign or in any manner transfer
this Lease without the prior written consent of Landlord, which consent shall not be, unreasonably withheld. without limiting
any other reasonable basis for withholding consent, it shall not be unreasonable for Landlord to withhold its consent if. W an
"Event of Default" (as hereinafter defined) has occurred; Q the use of the Leased Premises would not comply with the
provisions of this Lease;, or (iii) in Landlord's reasonable judgment, the proposed transferee does not have the financial
capability to perform the obligations of Tenant under this Lease with. respect to the Leased Premises which are the subject of
the Assignment or Sublease. This prohibition against assigning or subletting shall be construed to include a probibition
against any assignment or subletting by operation of law. Landlord shall have the right to charge a reasonable fee for review
and approval of array assignment.
&ECrION 8.02. If Tenant is a corporation, then any transfer of this Lease from Tenant by merger, consolidation or
dissolution or any change in ownership or power to vote a majority of the voting stock in Tennant outstanding at the time of
execution of this Lease (or at any future time) shall constitute an assignment for the purpose of this Lease. For purposes of
this Section 8.02, the term "voting stock" shall refer to shares of stock regularly entitled to vote for the election of directors of
the corporation involved
2008SF -NPR -'FX
SECTION 8.03. if this Leese is assigned or if the Leased Premises is subleased (whether in whole Orin part) or in the event
of the mortgage, pledge or hypothecation of the leasehold interest or grant of any concession or license within the Leased
Premises or if the Leased Premises is occupied in whole or in pact by anyone other than Tenant, Landlord may nevertheless
collect all Minimum Rent and other amounts due under this Least. from the assignee, sublessee, mortgagee, pledgee, party to
whom the leasehold interest was hypothecated, concessionee or licensee or other occupant and apply the net amount collected
to the amounts payable hereunder, but no such transaction or collection or application thereof by Landlord shall be deemed a
waiver of the provisions of this Article or a release of Tenant from the performance by Tenant of its covenants, duties and
obligations hereunder.
ARTICLE IX - REPAIR AND MAINTENANCE
SECTION 9. 1. Landlord will repair and maintain only the following portions of the Leased Premises: roof (exclusive of
flashing around the rooftop air conditioning unit); structural portions of (lie Leased Premises (consisting only of the
foundation and members supporting the rood; and utility lines located outside the boundaries of the Leased Premises that
serve other premises in common with the Leased Premises. If, however, damage to any of the foregoing is caused by the acts
or omissions of Tenant, its agents, contractors, employees, customers or invitees, or any burglar, vandal, or unauthorized
entrant, then notwithstanding the provisions of Article A Tenant shall bear the cost of such repairs to the extent die cost of
such repairs is not paid to Landlord from insurance proceeds received by Landlord pursuant to casualty insurance referenced
in Section 12.04 of the Lease. Tenant shall give Landlord written notice of any repair required to be made by Landlord.
SECTION 9.02.A. Except as otherwise provided in Section 9.02.8 below, all maintenance, repair and replacements other
than those required to be made by Landlord in Section 9.01 or Article XI will be made by Tenant at Tenant's cost and
expense. Tenant shall not make or permit any penetration in the roof above the Leased Premises and shall be, responsible for
all rooftop flashing around the rooftop air conditioning unit. if any such roof penetration is required in connection with
Tenant's repair responsibilities, Landlord shall perform such roof penetration at Tenant's cost, which shall be paid within
thirty (30) days after receipt of an invoice. If Landlord reasonably considers necessary any repairs, maintenance or
replacements required to be performed by Tenant, under this Lease, and if Tennant refuses or neglects to perform same after
reasonable notice (except in the event of an emergency, when no prior notice shall be required), Landlord sball have the right
(but no obligation), to perform such repair, maintenance or replacement and Tenant will pay the cost thereof on demand
Tenant shall be responsible for maintenance and repairs of plumbing and electrical systems up to the sum of One Thousand
Dollars (61,000) for each repair item. if Tenant determines that any single mainumartce 'item will exceed One Thousand
Dollars ($ 1,000), Tenant will notify Landlord and obtain Landlord's prior written consent to the performance of such repairs,
including scope of work and cost. 'Upon completion of such repairs, Landlord will pay Tenant's contractor the reasonably
documented cost of such repair. Notwithstanding the foregoing, if and to the talent any item of maintenance or repair to the
plumbing and electrical systems is caused by the negligence or intentional act of Tenant's employees, agents or invitees,
Tenant will be solely responsible for performing such repairs and for the entire cost of such repairs to the extent tine cost of
such repairs is not paid to Landlord from insurance proceeds received by Landlord pursuant to casualty insurance referenced
in Section 12.04 of the Lease.
SECTION 9.02.B. On or before the Commencement Date of this Lease, Tenant shall enter into a maintenance contract
( "Contract ") with an au conditioning maintenance contractor ( "IiVAC Contractor ") approved by Landlord for the
maintenance and service of the HVAC system. Such Contract shall provide for maintenance of the IIVAC system not less
than quarterly and Tenant's building staff shall change the air filters not less than monthly. Notwithstanding the remaining
provisions of this Section 9.02.B., if the filters on the HVAC are not changed on a monthly basis, and repairs, maintenance,
or additional repairs or maintenance are required to the HVAC because of the failure to change the filters, Tenant will bear
the entire cost of such repair or maintenance, Tenant shall be responsible for the total cost of the basic charge of the Contract
and, during the Lease Term, the cost of the maintenance and repairs to the HVAC mechanical system up to the sum of One
Thousand Dollars (S 1,000.00) for each item of repair. For the Lease Term only, in the evert the cost of any single item of
maintenance and repair to the IiVAC mechanical system is greater than One Thousand Dollars ($1,000.00) (exclusive of the
basic charge of the Contract per calendar year), Landlord's prior written approval (which will not be unreasonably withheld)
of any such repair must be obtained prior to any such repair being performed, and provided that Landlord's consent has been
obtained, then Landlord agrees to pay the IiVAC Contractor such amount in excess of One Thousand Dollars (51,000.00)
within thirty (30) days after receipt of an invoice therefor. In the event Landlord, in its sole discretion, elects to replace at its
sole cost any or all of the HVAC mechanical units, Landlord shall have no further liability with respect to the cost of
maintenance and/or repair of that portion of fhe HVAC mechanical system so replaced. in such event, Tenant shall thereafter
have total responsibility for the maintenance, repair and replacement in accordance with Section 9.02.A above.
SECTION 9.03. Tenant will maintain the Leased Premises in a clean, attractive condition and in good repair, and shall keep
adjacent sidewalks clean Upon termination of this Lease, Tenant will surrender the Leased Premises to Landlord broom -
clean and in the same condition in which they existed at the commencement of this Lease, excepting only ordinary wear and
tear, damage arising from acts of God, and any damage required hereunder to be repaired by Landlord and shall deliver to
Landlord all keys to the Leased Premises. Tenant shall not be required to remove any improvetncat(s) made to the Leased
Premises which were approved by Landlord.
.3= ON 904. Landlord will have a right to enter the Leased Premises during Tenant's normal business hours to inspect the
condition thereof. Except for emergencies, Landlord shall give at least three (3) days notice to Tenant's store manager before
entering the Leased Premises to make repairs for which Landlord is responsible hereunder. In case of an emergency,
Landlord shall have the right to enter the Leased Premises at any time but must give oral notice to the party designated by
Tenant. In any instance where Landlord enters the Leased Premises for the purpose of making repairs, Landlord will use
reasonable efforts not to interfere with Tenant's business operations.
SECTION 9.05, Should arty mechanic's liens or other liens or affidavits claiming liens be filed against tlue Leased Premises
or the Shopping Center arising out of the acts or omissions of Tenant, its agents or contractors, Tenant shall cause the same to
be cancelled and discharged of record by payment, bonding or otherwise, within thirty (30) days after Tenant receives notice
of same.
2008Sr -NPR - TX
ARTICLE X - ADDITIONS AND FIXTURES
SF..CTION 10.01. In no event shall Tenant make any exterior or structural alteration or addition to the Leased Premises.
Tenant shall have the right to make cosmetic changes and to redecorate the Premises without the prior written consent of
Landlord so long as the following conditions are met: (1) the proposed redecorating does not affect Tenant's storefront,
Tenant's storefront sign, or the roof, foundation, or structural supports of the building of which the Premises is a part; and (ii)
the total cost of all work involved does not exceed an amount equal to the product of ten dollars and 00 /100 ($10.00)
multiplied by the number of square feet in the Leased Premises. Any other alteration or addition to the Leased Premises shall
require Landlord's prior written consent At such time as Tenant requests such consent, Tenant shall submit plans and
specifications for such alterations or additions to Landlord and Landlord agrees to respond to such submission within fifteen
(15) business days alter receipt.
Tenant will have the right, at Tenant's sole cost and expense, and for Tenant's sole use, to install, maintain, and operate a
small roof mounted satellite dish together with ancillary equipment (the "Satellite Equipment ") on the roof over the Leased
Premises. The exact location of the Satellite Equipment shall be mutually agreed upon between Landlord and "Tenant. If any
penetration of the roof is required in connection with the installation of the Satellite Equipment, such penetration shall, at
Tenant's expense, be performed by a roofmg contractor pre - approved in writing by Landlord. The location of the Satellite
Equipment and the method of installation utilized by such roofing contractor are also subject to Landlord's prior written
approval. Tenant shall not install the Satellite Equipment until it has received Landlord's prior written approval of Tenant's
roofing contractor, location of the Satellite Equipment, and the method of installation of the Satellite Equipment. Upon the
expiration or early termination of this Lease, Tenant shall remove the Satellite Equipment and repair any damage caused
thereby. The Satellite Equipment shall remain the property of Tenant and its installation shall not cause the Satellite
Equipment to become a fixture pursuant to this Lease or by operation of law.
Tenant's roofing contractor shall take out and maintain Corumemial General liability insurance in a minimum amount of
51,000,000.00 combined single limit. Said liability insurance shall name Landlord as an additional insured with the
contractor (and shall contain a cross - liability endorsement) and shall be non - cancellable with respect to landlord except upon
thirty (30) days' notice to Landlord (given in the same manner as provided in this Lease) (or, at the request of Landlord, shall
be in the form of a separate liability policy in which Landlord alone is the named insured). Tortant's roofing contractor shall
also take out and maintain Worker's' Compensation and Employers Liability in a minimum amount of $500,000 bodily injury
for each accident, $500,000 bodily injury by disease for each employee, and $500,000 bodily injury disease aggregate and
provide a waiver of subrogation for the Tenant and Landlord. Certificates of all such insurance shall be delivered by Tenant
or its roofing contractor to Landlord prior to Tenant's roofing contractor performing any work.
SECTION 10 . Upon the termination of this Lease or expiration of the Lease Term, Tenant shall remove all "Removable
Trade Fixtures" (as hereinafter defined) and, in addition to other applicable provisions of this Lease regarding such removal,
the following shall apply: (i) such removal must be made within five (5) days after the termination of this Lease or prior to
the expiration of time Lease Term, as applicable; (it) Tenant must not be in default of any obligation or covenant under this
Lease at the time of such removal; and (iii) such removal must be effected without damage to the Leased Premises or the
building of which the Leased Premises are a part. Tenant shall promptly repair all damage caused by such removal. For the
purposes hereof, the phrase "Removable Trade Fixtures" means the fallowing: all of Tenant's signs, tables, chairs, desks,
racks, merchandisers and displayers, standards, wall brackets, hang -rods, shelves, mirrors, marking equipment, computers,
cash registers and business machines and equipment In no event shall Tenant remove from the Leased Premises any
component of the HVAC system, any plumbing fixtnra(s) or lighting fixtirre(s), or any pipes, paneling, wall covering or floor
covering. All plumbing or electrical wiring connections exposed as a result of die removal of Tenant's Removal Trade
Fixtures, or removal of any other altcration(s), addition(s), fixture(s), equipment or property installed or placed in the Leased
Promises shall be capped by Tenant in a safe and worlmmanlike manner.
ARTICLE XI - FIRE AND DESTRUCTION OF PREMISES
SECTION 11.01, If at any time during the Lease Team, the Le -d Premises or any portion of the Shopping Center should be
destroyed or damaged by fire or other casualty, Landlord shall have the election to repair and reconstruct the damaged
portion of the Leased Premises and/or the Shopping Center to substantially the condition which existed at the time of
Landlord's tender of possession of the Leased Premises to Tenant Landlord will notify Tenant of its election within sixty
(60) days after receipt of written notice from Tenant of such damage or destruction.
SECTION I 1 02. Notwithstanding anything to the contrary contained herein, in the event the Leased Premises are damaged
by fire or other casualty: i) during the last six (6) months of the Lease 'Perm; (ii) such damage was not caused by one or
more acts or omissions of Tenant; and (tai) the damage to the Leased Premises exceeds twenty percent (20 %) of the
replacement cost of the Leased Premises, then Tenant shall have the right to terminate this Lease upon written notice to
Landlord provided Tenant assigns to Landlord Tenant's insurance proceeds related to leasehold improvements. In such
event, Tenant shall notify Landlord in writing within thirty (30) days after the date of the aforesaid casualty.
SECTION 11.03. In any circumstances described above where Landlord elects to repair and restore the Leased Premises, this
Lease shall continue in full force and effect, and sucb repairs will be diligently pursued by Landlord, subject to delays caused
by governmental restrictions, strikes, lockouts, shortages of labor or material, acts of God, war or civil commotion, fire,
unavoidable casualty, inclement weather, insurance settlement, preparation of plans necessary to obtain a building permit or
any cause beyond the control of Landlord (all of the aforesaid causes for delay being herein sometimes referred to as "Fora
Majeure "). Minimum Rent shall abate proportionately during the period and to the oxmut that the Leased Premises are unfit
for use by Tenant and not actually used by Tenant in the ordinary conduct of its business.
ARTICLE XII - LIABILITY AND INDEMNITY
SECTION 12.01, iL ability: To the extent permitted by law, Landlord is NOT responsible to Tenant or Tenant's employees,
patrons, guests, or invitees for any damages, injuries, or losses to person or property caused by_
2008SP -NPR - TX
(a) An act, omission, or neglect o£ Tenant, Tenant's agent, Tenant's guest, Tenant's employees, Tenant's patrons,
Tenant's invitees, or any other tenant on rite Property.
SE 1'JON 12.02. Indemnity: Each patty will be responsible for any property damage, personal injury, suits, actions,
liabilities, damages, cost of repairs or service to the Lcased Premises or Property, or any other loss caused by the negligence
or intentional act of that party or that party's anployees, patrons, guests, or invitees.
SECT]ON 12.03. A letter on City of Beaumont Legal letterhead will be provided with the following statement:
The City of Beaumont is currently self - insured for all lines of coverage normally made
available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as
normal operating expenses. The City has a self- insured trust fund from which it pays all liability
claims. The City currently purchases insurance for real and personal property owned by Tenant. All
real and personal property are protected by "all- risk" type coverage including flood. heal and personal
property owned by Tenant are subject to a $50,000 deductible.
SFcrlON 12. Tenant will not be required to procure or maintain insurance coverage for casualty damage to the structure
of the Leased Premises. Landlord will maintain insurance on the structure of tlue Leased Premises. Landlord will not
maintain insurance coverage on or otherwise be responsible for. repair, replacement or restoration of Tenant's personal
property, equipment; furniture, inventory, or Removable Trade Fixtures.
ARTICLE)aii -INTENTIONALLY DELETED
ALZI'ICI.E XIV — 11WAN'f'S EQUIPMENT
ST•,CCTION 14.01. Upon the expiration or termination of this Lease, Tenant shall remove from the Leased Premises all
furniture, frxtres, equipment, inventory and other property installed or placed or permitted at the Leased Premises by
Tenant; however, in no event shall Tenant remove any component of the ITVAC system or electrical system, any plumbing
fixture, or any pipes, paneIi n& wall or floor covering, ceiling tiles or lighting fixtures. The Leased Premises shall be tell
weather tight and secure from any unauthorized entrant.
ARTICLE XV - DEFAULT, REMEDIES AND DETERMINATION OF DAMAGES
SECTION 15.01. Each of the following acts or omissions of Tenant or occurrences shall constitute an "Event of Default":
(a) Failure or refusal by Tenant to timely pay Rent or any other su in when due following ten (10) days written
notice; or
(b) Failure or refusal by Tenant to comply with the obligations of Tenant set forth in Article VI and/or Article
VIII of this Lease and such failure or refusal continues for a period of ten (10) days after written notice thereof to
Tenant; or
(c) Failure or refusal by Tenant to timely perform or observe any other covenant, duty or obligation of Tenant
under this Lease; provided, however, notwithstanding the occurrence of such Event of Default, Landlord shall not be
entitled to exercise any of the remedies provided for in this Lease or by law unless such Event of Default continues
beyond the expiration of thirty (30) days following notice to Tenrunt of such Event of Default; however, in the event
such other covenant, duty or obligation reasonably requires more than thirty (30) days for the curing thereof, such
failure to cure shall not be deemed to be an "Event of Default" if Tenant shall have commenced the curing of such
failure within such thirty (30) day period and having commenced such curing carries forward the curing thereof to
completion with reasonable diligence; or
(d) Abandonment or vacating of the Leased Premises or any significant portion thereof, or
(e) The entry of a decree or order for relief by a court having jurisdiction over Tenant or my guarantor of
Tenant's obligations hereunder in an involuntary case under the federal banlmrptcy laws, as now or hereafter
constituted, or any other applicable federal or state banlauptcy, insolvency or other similar law, or appointing a
receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Tennant or any guarantor of
Tenants obligations hereunder or for am substantial part of either of said patties' property, or ordering the winding -
up or liquidation of either of said parties' affairs.
SECTION ISA2. This Lease and the term and estate hereby granted and the demise hereby made are subject to the limitation
that if and whenever any Event of Default shall occur, after such notice, if any, as is provided in Section 15.0 1, Landlord
may, at its option, in addition to all other rights and remedies given hereunder or by law or equity, terminate this Lease, in
which case Tenant shall immediately surrender possession of the Leased Premises to Landlord.
Exercise by Landlord of any one or more remedies granted or otherwise available shall not be deemed to be an acceptance of
surrender of the Leased Premises by Tenant, whether by agreement or by operation of law, it being understood that such
surrender can be effected only by the written agreement between Landlord and Tenant.
5EC2O1 kS.OS. In the event of any default by Landlord, Tenant's exclusive remedy shall be either: (i) an action for
damages; or (ii) an action for specific performance in connection with Landlord's repair responsibilities affecting the Leased
Premises, or repair responsibilities affecting the Common Area adjacent to the Leased Premises if as result of Landlord's
action (or inaction), Tenant, its employees and customers cannot gain access to or use the Leased Premises during regular
business hours. Prior to commencing any legal action Tenant shall give Landlord written notice specifying any alleged
default in reasonable detail, and Landlord shall thereupon have a reasonable period of time, but in no event less than thirty
(30) days, in which to commence to cure such default. If Landlord fails to commence to cure such default or, having so
commenced, thereafter fails to exercise reasonable diligence to complete such curing, Tenant may exercise any remedy set
forth in this Section. All obligations of Landlord hereunder will be construed as independent covenants, not conditions; and
2008SF -XPR . IX
all such obligations will be binding upon Landlord only during the period of its possession of the shopping Center and not
tbereafter.
ARTICLE XVI - NON - WAIVER
SECTION 16,Q 1. Neither Landlord's acceptance of rent or any other sums payable by Tenant hereunder (or any portion
thereof), nor failure by Landlord or Tenant to complain of any action, non - action or default of the other shall constitute a
waiver as to any breach of any covenant or condition contained herein nor a waiver of Buy of Landlords or Tenant's rights
hereunder. Waiver by Landlord or Tenant of any right shall not constitute a waiver of any other right or for any prior or
subsequent default of the same obligation. No right or remedy of Landlord or Tenant hereunder or covenant, duty or
obligation hereunder shall be deemed waived unless such waiver is in writing and signed by the parLY waiving such right.
ARTICLE XVII - EMINENT DOMAIN
SECTION 17.01. if Utere shall be taken during the Lease Perm any portion of the Leased Premises, by any authority having
the power of eminent domain, then and in that event, the Lease Term shall cease and terminate, and the date of such
termination shall be, at Landlord's election, either the date upon which possession shall be tendered to such authority by
Landlord or the date upon which possession is taken by such authority.
such authority, Landlord may
,SF(, _)N 17QM. Whether or not any portion of the Leased Premises may be taken by
nevertheless elect to terminate this Lease or to continue this Lease in effect in the event any portion of any building in the
Shopping Center or more than ten percent (10 %) of the Common Area of the Shopping Center be taken by, ob authority.
SECTION 17.03. If a substantial amount of the parking spaces immediately adjacent to the Leased Premises are taken by
such authority, Tenant may elect to terminate this Lease. All sums awarded or agreed upon between Landlord and the
condemning authority for the taking of the fee or the Leasehold estate, whether as damages or as compensation, shall be the
property of Landlord. Tenant hereby assigns to Landlord all proceeds, whether by way of compensation or damages, for loss
of the leasehold interest by reason of such taking.
SECTION 17.04. Any amounts specifically awarded or agreed upon by Tenant and the condemning authority for the taking
of Tenant's removable trade fixtures and/or the unarnortixed cost of Tenant's leasehold improvements shall be the property of
Tenant. Tenant shall have the right to pursue any separate award from the condemning authority for relocation expenses, loss
of business, or other non -real estate related awards; provided any such award does not decrease the amount of the award
otherwise due Landlord for the taking of the fee simple interest in the Shopping Center. Landlord shall not be liable to
Tenant for any such amounts in connection with such taking.
SE 17 05. If this Lease should be terminated under any provision of this Article, Mental and other sums due and
payable by Tenant hereunder shall be payable up to the date that possession is taken by the taking authority, and Landlord
will refund to Tenant an equitable portion of any such rental and other sums paid in advance but not yet earned by such date.
ARTICLE 7t:VIII - HOLDING OVER
4TC=N 1SAl. If Tenant should retnahr in possession of the Leased Premises after the expiration of the Lease Term,
without the execution of a new lease and with Landlord's consent, Tenant shall be deemed to be occupying the Leased
Premises as a tenant from mouth -to- month, subject to all the covenants and obligations of this Lease, except that es liquidated
damages by reason of such holding over, the monthly amounts payable by Tenant under this Lease shall be increased to one
hundred twenty -five percent. (125 0/6) of the monthly amounts payable in the last month of the Lease Terns. Such month -to-
month tenancy may be terminated by either party upon thirty (30) days notice to the other. Any rent due after notice bas been
given is to be calculated according to this Section prorated for any partial month of holdover. If Tenant tenders rent pursuant
to the formula in this Section, and Landlord accepts such payment, the acceptance of such payment will not operate as a
waiver by Landlord of the notice of termination, unless such waiver is in writing and signed by Landlord Notwithstanding
anything to the contrary contained in this Section, in the event the term of this Lease has expired and provided that Landlord on
and Tenant have entered into good faith negotiations to renew or extend the term to the Lease, concluded shat! not be deemed days
a month -to -month tenancy so long as the negotiation of any such renewal or extension is concluded within sixty (60) days
following such expiration of the term of this Lease.
ARTICLE XIX - LANDLORD'S MORTGAGEE
&C1TON 19 01. 'tenant agrees that its interest under this Lease shall be subordinate to any mortgage, deed of trust or
similar device now or hereafter placed upon the Leased Premises or all or any portion of the Shopping Center by Landlord if
the mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created so
elects, and, upon notice to Tenant of such election, Tenant will execute any instnunents required to evidence such
subordinatiom
SEc"1'ION I9 02. Landlord and Tenant shall execute and deliver to each other, at such time or times as either Landlord or
Tenant may request, a certificate stating. (i) whether or not the Lease is in full force and effect; (ii) whether or not the Lease
has been modified or amended in any respect, and submitting copses of such modifications or amendments, if any; (iii)
whether or not there are any existing defaults under this Lease to the knowledge of the party executing the certificate, and
specifying the nature of such defaults, if any; and (iv) such other information as may be reasonably requested. The aforesaid
cer0cate(s) shall be. delivered to Landlord or Tenant, as the case may be, promptly upon receipt of a written request therefor,
but in no event more than ten (10) days following receipt of such request.
ARTICLE xX — Intentionally Deleted.
ARTICLE XXI - NOTICE
SECTION 21 Q. Any notice which may or shall be given under the terms of this Least shall be in writing and sent to the
Notice Address of either Landlord or Tenant, by national courier service or certified mail. For purposes of the calculation of
200SSF-NPR - TX
various time periods referred to herein, notice delivered by national courier service shall be deemed received when delivered
to the recipient's Notice Address and notice delivered by certified mail shall be deemed received when delivered to the
recipient's Notice Address upon the earlier to occur of: (i) actual receipt as indicated on the signed return receipt; (ii) the date
of fast attempted delivery; or (iii) three (3) days after posting as herein proAdcd. Any written notice actually received by the
addressee, shall constitute sufficient notice for all purposes under this Lease regardless of the delivery method.
ARTICLE X)OI - TENANT'S SIGNS
SECTION 22.01. Tenant shall be responsible for the costs and installation of a building fascia sign and a sign under the
canopy of the building of which the Leased Premises area pact Sign plans shall be prepared by Tenant in accordance with
the sign criteria of the Shopping Center and submitted to Landlord for Landlord's prior written approval. Except as approved
by Landlord in writing, no sign, placard or advertisement, or exterior or interior window sign, placard or advertisement shall
be painted, erected or displayed on the storefront of windows of the Leased Premises and no awnings shall be erected on the
Leased Premises. Tenant shall cause Tenant's exterior sign to be placed on a time clock and photoelectric cell device such
that the electricity illuminating such sign shall keep Tenants electric signs on from dusk until 11:00 o'clock P.M., every day
during the Lease Term.
ARTICLE XXM — TENANT'S BANKRUPTCY
5E 23.01. This is a lease of real property in a 'shopping center" within the meaning of Section 365(b)(3) of the
Bankruptcy Code. Notwithstanding anything in this Lease to the contrary, all amounts payable by Temmt to or on behalf of
landlord under this Lease, whether or not expressly denominated as 'rent ", shall constitute "rent" for the purposes of Section
502(b)(7) of the Bankruptcy Code.
ARTICLE XXIV - TERMINOLOGY AND MISCLT LANEOUS
SECTION 24.01. With respect to terminology in this Lease, each number (singular or plural) shall include all numbers, and
each gender (male, female or neuter) shall include all genders. If any provision of this Lease shall ever be hold to be invalid
or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Lease, but such other
provisions shall continue in full force and effect. The tides of the Articles in this Lease shall have no effect and shall neither
limit nor amplify the provisions of the Lease itself. This lease shall be binding upon and shall accrue to the benefit of
Landlord, its successors and assigns.
Sl MQN 24.02. In all instances where either Landlord or Tenant is required hereunder to pay any sum or do any act at a
particular indicated time or within an indicated period, it is understood tbat time is of the essence.
SECTION 24.03. Neither Landlord nor Tenant shall ever be liable hereunder for cons"pential tic- special damages. All
liability of Landlord for damages arising under this Lease way be satisfied only out of the interest of Landlord in the
Shopping Center existing at the time any such liability is adjudicated in a proceeding as to which the judgment adjudicating
such liability is non - appealable and not subject to further review or out of rents to be received by Landlord from occupants of
the Shopping Center. The term "Landlord' shall, mean only the owner, for the time being of the Shopping Center, and in the
event of the transfer by such owner of its interest in the Shopping Center and the assumption by the transferee of the
covenants, duties and obligations of Landlord hereunder, such transferor shall thereupon be released and discharged from all
covenants and obligations of Landlord thereafter accruing, but such covenants and obligations shall be binding during the
Lease Term upon each new owner for the duration of such owner's ownership.
SECTION 2494. All monetary obligations of Landlord and Tenant are performable exclusively in Beaumont, Jefferson
County, Texas. This Lease shall be construed in accordance with the laws of the State in which the Shopping Center is
located, and the County in which the Shopping Center is located shall be the venue for any litigation arising from this Lease.
SECTION 24.05. To the best of Tenant's knowledge, Tenant is currently in compliance with, and covenants to Landlord that
Tenant shall at all times during the Lease Term (including any extension thereof) remain in compliance with, the regulations
of the Office of Foreign Assets Control (" OFAC) of the U.S. Department of Treasury (including those named on OFAC's
Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including, but not limited to,
Executive Order 13224, dated September 24, 2001 and entitled "Blocking Property and Prohibiting Transactions with
Persons Who Commit, Threaten to Commit, or Support Taarorisrn "), or other govemmcntal, regulatory, or administrative
action relating thereto.
Jg'GON 24 06. Weingarten Realty Investors (the "trust ") is an unincorporated trust organized under the Texas Real Estate
Investment Trust Act. Neither the shareholders of the trust, nor its trust managers, officers, employees or other agents are
personally, corporately or individually liable for any debt, act, omission or obligation of the trust, and all persons having
claims of any kind against the tout must look solely to the property of the trust for the enforcement of their rights.
saEg110N 24 07. Notwithstanding anything contained berein to the contrary, Landlord and Tenant hereby agree and
understand that funds for the Leased Promises and the permitted Use are approved by the State of Texas. The State of Texas
statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved.
Obligations beyond the end of the current State of Texas fiscal year will be subject to budget approval. Tenant may cancel
this Lease upon thirty (30) days' written notice to Landlord, if appropriate funds are not approved for the following fiscal
year.
ARTICLE XXV - ENTIRE AGREEMENT
SECTION 25.01. This instrument (including all Riders, Exhibits and Guaranty, if any) constitutes the entire agreement
between Landlord and Tenant; no prior written or prior or contemporaneous oral promises or representations shall be binding.
This Lease shall not be amended, changed or extended except by written instrument signed by both parties hereto.
2008SF -NPR -TX
EX'F.C1tTED in multiple counterparts, each of which shall have the force and ellect of an original, on the day and
year first written above.
EASTER VENTURE,
a Texas joint venture
By: Weingarten Really Investors,
a Texas real estate investment trust,
its General Manager
By:
Name: �. —•
Title: --- –
"LANDLORD"
CITY OF BEAUMONI',
a Texas Municipal Corporation
By:
Name:
Title: --
"TENANT'
PmAk Page to Shovnin^ t;�te ter Lease
AS -IS -MIN
CONSTRUCTIONAMER
This Construction Rider is attached to and forms a part of that certain Lease Contract (the "Lease Contract ") dated
2010, between L•ASTEX VFNTURF, as "Landlord" and CITY OF BEAUMONT, as
"Tenant ". - --
Section 1.01. The Leased Premises will be tendered to Tenant by Landlord in its existing condition on an "AS -IS"
basis without any nature of construction work being performed by Landlord, except as provided in Section 1.07 below.
Tenant has inspected the Leased Pmniises and accepts them in such "AS -IS" basis except that, prior to tender of Leased
Premises, Landlord shall place the FIVAC system serving the Leased Premises in good working order, and Landlord shall
incur no liability to Tenant by reason of any defects in the Leased Premises, including any latent defects. Tenant may, at its
sole cost and exImnse, make such minor alterations, remodeling and changes to the Leased Premises as it deems necessary for
the operation of Tenant's business; provided, however, that prior to commencement of such work, Tenant submits and obtains
written approval from Landlord of plans and specifications covering any such work (including The name of the general
contractor or contractors that Tenant expects 10 Ilse in completing such work) and that such work is completed as approved.
Landlord's approval of Tenant's plans and specifications is to satisfy a condition precedent to the commencement of Tenant's
construction, and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature,
expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that 'tenant's
proposed construction is structurally sound, is in compliance with the above - mentioned rules, regulations, or laws, or is
sufficient to obtain all required permits. No change, alteration or remodeling shall at any time be made which shall impair
the snuctural soundness or diminish the value of the Leased Premises. All work done in connection with any change,
remodeling or alterations shall be done in a good and workmanlike manner and in compliance with all laws, Ordinances,
building codes, rules and regulations of appropriate governing authorities and Tenant shall procure any certificates required
by any such governing authority at Tenants sole cost and expense. Tenant will also provide and install all other interior
work, trade equipment, fiuuitwe, fixtures and effects of every description necessary or appropt iate for Tenant's business and
all such items to be provided and installed by Tenant shall be new and modem and of first -class quality. Upon completion by
Tenant of its work at the Leased Premises, Tenant will furnish landlord one (1) set of as -built drawings for the electrical and
mechanical systems of the Leased Premses.
Section 1.02. with respect to any labor performed or materials famished by Tenant at the Leased Premises, the
following shall apply: All such labor shall be performed and materials furnished at Teaant's own cost, expense and risk.
Labor and materials used in the installation of Terant's furniture and fixtures, and in any other work on the Leased Premises
performed by Tenant, will be subject to Landlord's prior written approval. Any such approval of Tenant's labor shall
constitute a revocable license authorizing Tenant to permit such labor to enter upon the Shopping Center and Leased
Premises prior to the commencement of the lease term for so long as Tenant's labor does not interfere with labor utilized by
Landlord or any other tenant. with respect to any contract for any such labor or materials, Tenant acts as a principal and not
as the agent of Landlord. To the extent permitted by law, Tenant agrees to indemnify and bold Landlord hannless from all
claims ( includntg costs and expenses of defending against such claims) arising or all to arise from any act or omission of
Tenant or Tenant's agents, employees, contractors, subcontractors, laborers, materialmen or invitees or arising from any
bodily injury or property damage occurring or alleged to have occurred incident to Tenant's work at the Leased Premises_
Tenant shall have no authority to place any lien upon the Leased Premises or any interest therein nor in any way to bind
Landlord; and any attempt to do so shall be void and of no effect. Landlord expressly disclaims liability for the cost of labor
performed or materials furnished by Tenant. If, because of any actual or alleged act or omission of Tenant, any lien,
affidavit, charge or order for the payment of money shall be filed against Landlord, the Leased Premises or any portion
thereof or interest therein, whether or not such lien, affidavit, charge or order is valid or enforceable, Tenant shall, at its own
cost and expense, cause same to be discharged of record by payment, bonding or otherwise no later than fifteen (15) days
after notice to Tenant of the filing thereof; but in all events, prior to the foreclosure thereof. All of Tenant's construction at
the Leased Premises sliall be performed in stria compliance with the working drawings, all applicable building codes and
other legal requirements and in a good and workmanlike manner satisfactory to Landlord's Arehitoa and in such manner as to
not cause Landlord's fin: and extended coverage insurance to be canceled or the rate therefor increased. In the performance
of such work, Tenant shall not interfere with or delay any work being done by Landlords contractors. Upon completion by
Tenant of its work at the Leased Premises, Tenant shall provide to Landlord a certificate of occupancy (or other certificates
evidencing inspection and acceptance of all of Tenant's construction by appropriate government authorities).
Section 1.03. All improvements constructed by Tenant at the Leased Premises (excepting only Removable Trade
Fixtures installed by Tenant) shall, irnmediately upon such construction, become and remain the property of Landlord; and
Tenant shall have no right, title or interest (including lien interest) therein, except only as Tenant under the provisions of the
Lease Contract. The aforesaid improvements, if constructed by Tenant, are not intended as any nature of rent or
compensation to Landlord.
Section 1.04. if at any time during the course of Tenant's work at the Leased Premises, the storefront of the Leased
Premises is not fully secure, Tenant shall construct a barricade of plywood or other material approved by Landlord to secure
the Leased Premises and adjoining lease space.
Section 1.05. Any work (except the ansmaI inspection) at the Leased Premises involving the sprinkler system (if
any) serving the Leased Premises shall be performed by Landlord or its contractors at Tenanrs cost, tip to $1,000 of each
repair or maintenance item. Notwithstanding the foregoing, if and to the extent any item of maintenance or repair to the
sprinkler system is caused by the negligence or intentional act of Tenant's employees, agents or invitees, Tenant will be
solely responsible for performing such repairs and for the entire cost of such repairs to the extent the cost of such repairs is
not paid to landlord from insurance proceeds received by Landlord pursuant to Landlord's casualty insurance referenced in
Section 12.04 of the Lease. Tenant shall pay the cost of any such work for which it is responsible pursuant to this Section
1.05(or reimburse Landlord therefor) within ten (10) days after delivery to Tenant of a statement therefor.
Section 1.06. In the event Tenant fails to satisfy the conditions set forth in Section 1.01 of this Construction Rider
and also commence construction on or before the expiration of seve days from the date of tender of possession of the
Teased Premises to Tenant, then such failure shall constitute an Event of Default under the Lease Contract and without
Mier notice Landlord shall have the right to either terminate the Lease Coitttact at any time thereaRar or exercise such other
remedies as may be available to Landlord pursuant to the terms of the Lease Contract.
Section 1.07. Prior to the date upon which Landlord tenders possession of the Leased Premises to Tenant, Landlord
shall perform The work as outlined on Exhibit "X" attached hereto and made a part hereof, in order to bring the Leased
Premises into compliance with the American with Disabilities Act of 1990.
ON • ' ! si
'£ilis option Rider is attached to aad forms a part of that certain Lease Contract (the "Lease Contract ") dated
2010, between EASTEX VENTURE, as "Landlord," and CITY OF BEAUMONT, as "Tenant."
Contingent upon Tenant satisfying all of the following conditions, Tenant is hereby granted an option to extend the
lease terra, as set forth in Section 3.61 of the Lease Contract (the "Primary Term ") for one (1) additional period of thirty -six
(36) full calendar months (the ' Txtension Term "), said conditions being that:
(i) Tenant shall have fully performed all of its covenants, duties and obligations hereunder during the
Primary Term;
(ii) Tenant shall not have assigned ire Lease Contract or any interest therein or sublet (or otherwise
permitted occupancy by any third party of) all or any portion of the Leased Promises during the Primary
Term (any such assignment, subletting or occupancy being subject to the provisions of Article VIII of the
Lease: Contract) regardless of whether any such assignment, sublease or occopancy is then still in effect and
regardless of whether Landlord shall have consented to any such assignment, subletting or occupancy; and
(iii) Tenant shall have given notice to Landlord not less than one hundred eighty (180) days, nor more
than two hundred seventy (270) days, prior to the expiration of the Primary Term of Tenants intent to
renew the Lease pursuant to this option Rider ( "Notice of intent to Renew").
Time is of the essence in die exercise of this option and should Tenant fail to submit a Notice of Intent to Renew as
provided in (iii) above, this option shall lapse and be of no further force or effect.
In the event that Tenant effectively exercises the option herein granted, then all of the terms and provisions of the
Lease Contract as are applicable during the Primary Term shall likewise be applicable during the Extension Term except:
(a) Tenant shall have no further right to renew or extend the lease tern after the expiration or other
termination of the Extension Term; and
(b) The "Minimum Rent" (as defined in Article 1.6 of the Lease Contract) which shall be due and
payable each month during the Fxtension Tenn (and at the same time and place and in the same manner as
set forth in Section 4.01 of the Lease Contract relative to payment of Minimum Rent dining the Primary
Ternh), shall be at the then prevailing Fair Markel Rental Value as determined by Landlord in its sole
discretion. As used herein, "Fair Market Rental Value" shall men the projected prevailing rental rate as of
the first day of the 7- :xtension Term for renewing and extension tenants for similar space situated in the
Shopping Center. Landlord shall provide written notice of such amount not later Ulan thirty (30) days after
receipt of Tenaafs Notice of Intent to Renew. Tenant shall have Fifteen (15) days after receipt of
Landlord's notice of the Fair Market Rental Value ('Tenant's Review Period ") within which to accept such
Fair Market Rental Value or to reasonably object thereto in writing. In the event Tenant objects to the Fair
Market Rental Value submitted by Landlord, Landlord and Tenant shall attempt to agree upon such Fair
Market Rental Value. If Landlord and Tenant cannot agree to Fair Market Rotttal Value within. fifteen (15)
days after Landlord gives Tenant notice of the Fair Market Rental Value, that Tenant may rescind its
Notice of Intent to Renew in writing ("Tenant's Rescission Notice'), and the term of the Lease shall expire
as if Tenant had never issued such Notice of Intent to Renew. Tenant's Rescission Notice must be given no
later than fifteen (15) days after the expiration of Tenant's Review Period or the term of the Lease shall be
extended on the terms and conditions of the Lease including Landlord's determination of the Fair Market
Rental Value for the Extension Term.
References in this Rider and the Lease Contract to the "term" or the "lease term" shall be understood to refer to both
the Primary Term and (if Tenant's option therefor is effectively exercised in accordance with the provisions hereof) also the
hereinabove stated Extension Tenn unless such interpretation is expressly negated.
UV--
I' I
CONCORD ROAD
a a
5 EASTEX FREEWAY AC
"Leased Premises"
Approx.: 2,425sf
4890 Dowlen Rd.
rFEAASTEX FREEWAY
Beaumont, Texas
The "Leased Premises" as shown hereon is for
City of Beaumont
Subject to the terms of the Lease, any future construction by the Landlord
within the Shopping Center will not affect the validity of the Lease covering the
Leased Premises. Subject to the terms of the Lease , Landlord may elect to
change the location, size, layout, or other details of any buildings, or Common
Area in the Shopping Center and /or to construct other buildings in the
Shopping Center and such changes will not affect the validity of the Lease
covering the Leased Premises.
The post office address designated hereon, if any, is subject to change at any
time. Floor No:
DATE: 06 -04 -2010 EXHIBIT " A"
REV.: 40 -00 -0000
NORTH PARK
INITIA
E00
Unit o:
EOX
Project No:
ea 0605
BEING 1.1.8700 acres (517,056 square feet) of land situated in the
F. Bigner Surrey, Abstract No. 1, Beaumont, Jefferson County, Texas.
Said 11.9700 arse: 4acr is more Cully desrrribed by metes and bounds
as follows;
BEGINNING at an iron rod at the intersection of the east right- of-way
line of Dowlen Road, also called Crow Road Extension (100 foot right -
of -sway) with the north line of U.S. Highway'69, called the Eastex
Freeway, (,400 foot right -o£ -way). said point also being the most westerly
corner of the herein described tract;
7mCE N 01' 18' 53" B, along the cast right-of-way lima of Dovlen Road,
a distance. of 191.50 feet to an iron rod at the point of curvature of a
curve to the right. Said curve having a radius of 364.36 feet, sub
tends a central angle of 39' 36' 25 ", and has a chord bearing of
N 21' OB' 42" B;
THENCE along the are of said curve and said east right --of --way line, a
distance of 390.13 feet to an iron rod at the point of tangency;
THENCE N 40' 44' 06" E. along said east right -of -way, a distance of
1D0.22 feet to an iron rod for a corner;
THENCE N 85' 44' 06" E. a distance of 35.35 feet to a =numeat on the
south right- of-way line of Concord Road (60 foot wide) for a corner;
THENCE S 50' 07' 43" i, along said south right -of --way line, a distance
of 17.60 feet to an iron rod for an angle point;
THENCE S 58' 59' 31" E, along said south right -of -fray line, a distance
of 639.12 feet to an iron rod for a corner;
THENCE S 31' 00' 29" W, a distance of 190.00 feet to an iron rod for
an interior corner;
TITSNCE S 58' 59' 31" E. a distance of 177.17 feet to an iron rod for
a corner;
THENCE S 31' 00' 29" V. a distance of 130.00 feat to an iron rod for
a corner;
THENCE N 38' 59` 31" W, a distance of 11.52 feet to an Iran rod for an
interior corner;
liiillCE S 3i' 00' 29" W, a distance of 349.43 feet to an iron rod an
the north right -ofway line of U.S. highway 69 ($astex Freeway) for
a corner;
THENCE N 55' 33' 33" W, &long said noYtb right- cf-way line, a distance
of 310.10 feet 'to a Texas Highway Department moa+anent far a corner;
THENCE N 60' 14' 52" W, along said north right- of-way lisle, a distance
of 398.14 feet to the POINT OF BEGINNING and containing 11.8700 acres
of land more or less.
EXHIBIT "B"
L6050
1C /5/ 92 1*:
m
!D
O
a
0
O
N
N
A
O
m
N
i
C
Y
CL
K
N
CL
pr
vs
(n SUF�PI• '
c
mv_fl
m Y
pOI, p.
m S ;
M�
07
.it.
�7 hh
a �"
A Y
,a
g
m
m �
a
2 r.
m
o
N
pN
O Sr. O
14tt3if X
U —1
O �
N
C
O �
^o�
1
� � 1
m c'
G
m
Q N
tea;
roA�
o
m '
�i
O _
�G
0
m ;it
m
R 1l•
4
O
C y
s'
s
cn m
C ,
w '• m
m
F
O
e
r
c2
� 7
� m
H k
CD
co
--i z
C/):
a
r
C,
C,
21 W.
(D
<
( D
0 o.
(D
cx 'Ali
CD
CD
Kty
CL
0
3 ;D
X
10 C,
:5 . (D CD
'S
0
CD
So-
"a
CD W n
0
ur 8
S 7C
gr
CD
(D g
u:3
nF
CL
0
CL
CL t'
as
0 14
0
CL
ID
(D
w
ro
61 d
V.
jL
a 0'
-4
= tz.
11 =r
c5* ID
C/):
a
r
C,
C,
21 W.
4)
(D
5
7iR
jL
rL
13
'QL
-n
-IT
100
v:3
:3
OM
ris,
to
Er
00
ca
0
lb
0
ce
-0
03
CC)
Q
G)
0
co
C
Ci 9L
. . —
0
ma
9L
ae
3L
Eli
01.
0
W V
-7
:17D
ID
off;
ID
otry
COD
M.
-10D All
Ila"
2t
-V
O
fG
0
0
cr I
(D
(D
ID
Sv
Fig.
0
ID
7p
Ty
N) -x
(D
CD M
K7
cp
(D
0
au
cr
— 0 0
0 0
0
r
9:,� rr
CD .r
CL Q
LL
Z
m m 0
m :E rn
a) E4 0) or
CD
cn
ro
N
0
co
w j
d 0 11
R --lE
it
r
:3
dD
od
0D
Q
VD
JQ
N.mro
1
ID
(a so
P)
(D Ar$
Z ID
0
=rx
cr ID
9)
CD
o ro Zr 0
ID
0
30
CA
—n 15
CD
r-
CD
Q
57
TL
<
ra
cp m
al
Im
0)
57
A)
.0
O
C)
CD CD
44
Fit
4A
cp
co
:*a
O
vi
R81 to ;,,
v
9
O
f0
o ?z
s
m N a
m
�yP
O N7
OR
y
C
O £
O
m
m
ro
g {<
3 y,
m
v
c
m
d
�
m
p {
m
0
m m
o fr
o s: +:9
Ys
Q
5_by;
OM 3
3
7 w
�m
oom
^O
m
y
m
I'D
W CD
A 7
ti� 00.
Q
p JC
T�
m ZI
m
q
Qs.
CD
g�
owe, "3
m
w � .ki'•Y
7 �K.
=
£
N
Q m Y
O
IN
IIl
�
�
a m
N
0
0
CD
m4 g?k
n+
N
y
Fir
N
p
M
h(71
rn
O
C
O
Q
h
N 7'0
dap .D
[ C 7
U
yrm
7 n
'a
w
�o
0. •'
mom'
m
C) 1:
m •t
ca
N
0
o :~ $
it
E; as
m m Yy';
CL
m N r
m '*
A :3 '
awn
wm
o m
I to
7• m et`
fa
0 fa ~
O aT
zr
O
`G
O
N '
w
ca
vi
k
O x
�
/
to
\
/
k
{
so
)
}\
,cap\
\}
§�
j�
}�
r/
}0
fk
((_
\
2
�
cm
■a% I
E�$
kID\ k(}
(�\
/f
/\
�\ }
�\ }
\\ )
k\ }
Em/ _
\ \\ �
0
co
5 -o
f■/
.s\
2\
r%
£ \.
;@
;\
\/
k\
»/
2/
!#
Rƒ 2
E«. %om
■%
\ ƒ
\ (&
Wr
E:
=!,8 •
J) iD
0
to
romp-
a -ECD p
cr,
cr
lb
0
0 a
s '20, go
R
0—
J,
=1 (D (D
om it
CD
Ct'
00),
0 too
w
rm 'I — 0
3 S
5
ID
Ir Q
o r: �,r al
On
<w
i
tch at
(al
0,
ID
0>
41 ,O -f# CL 2W...
5' tl)
Fu K
CO W
4) to
0-
050 cr
Ep
0 C)
• :L
O'er
v 1.0 0 �1;11
a) —
M(D
.0
= G. Fr
0 m
ID C-
;2 n "' CD
g
C'r 0
--1
0 10 :'
ZD'
W K.
13 =b
ID C) wo
C7
0
1� . 0
or
(D
(D
m
Z1 a
C*
0
0
0
CP
t
O
W
tJl
O
Co
CD J
ID
ZT 40
V)
CD
Cb
:3
O
0
CL
a) 'A.
co
CD
Ng
9t
a)
co
Fr
a
54
I:r
.on
ID
=tt
CD
N
0
a
(D
a
y;
0
n
49
C,
CONDITION OF
LCCAT10N: nbO
UN1Ta_T
SPACE
SaFT.
PAST USE: RE7a sL
jREYMt, NAM BALON, R - AUAAN7. OFFICE)
Prepared by:
t
R: � ..:x i
REUSE DEMO
PLOORINO:
E2E CE
HVAC UNITS'.
TAE
ELECTWO SERV� NESTFOOM
NEATER
CARPET
VMTF.R METER SPRINXLEO „_ � NO
VINYL TILE
CERAM TILE
WOOD
—`-'-
E}rl y7I. Ark; yt�
RACK
REUSE OEMO
[•LEG.
CGLwcx
CEILING GRID
zX +TILE
O
OM
,�o1Rrl�
2xl Tx.E
DRYWALL
\
' `"q.. Il"AFIyPGA')
EXPO Bm DECK
K � j'C%7 L
13&44,
h • J
REUSE DEMO
CI
/ •��- ;`r-y�
L . _
LIGHITa:
_7_ �•!...1
'
STRIP
SPOTS
EJNn {g1••
}''� WCY'K- clre•a
REUSE DEMO
.
FLOORING:
�.
CARPET _
Vam TILE
CLAM011C TILE
WOOD
O .
REUSE D EAAO
-
y
C
C[W16 GRID
CEILING
� •
IXA 7 LE
Yx2 TI LE
DRYWALL
EXPOSED DECK
REUSE OEAW
LKN79:
J TZP
Bx4
STRIP
SPOTS
REUSE DEMO
. . . . .
CAR
TILE
CERAMIC TILE
wood
.
REUSE DEMO
E
TILE
2XZ nLE
[EXPOSED
DRYWALL
.
DECK
Ct as s rcwwV�
REUSE ndAO
.
LWR7l:
.
. .
7X4
S7RIP
. . . . . . . . . .
SPOTS
TroDt�
SCALE=
PICTURES:
FRONT
MCLUDEON DRAWING:
FABOtA
DSRABIN6 NNttS
BACK WALL
STOCKROOM WALL
RIGHT WALT.
RESTROOMS
LEFT WALL
LOCATION OF KVAC UNITS
CEILING
REAR DOOR
RESTROOM
FRONT DOOR
ANY OTHER INTERIOR WALLS
COMMENTS: