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HomeMy WebLinkAboutRES 03-157 RESOLUTION NO. 03-157 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the renewal of a lease agreement with Madeline L. Walker for office space located at 6452 Concord, for a three-year term at a monthly rental fee of$1,270. The lease agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - 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. OTexas Association of REALTORS®,Inc.2002 Table of Contents No. Paragraph Description Pg_ No. Paragraph Description Pg_ 1. Parties 2 22. Holdover 11 2. Leased Premises 2 23. Landlord's Lien & Security Interest 11 3. Term 2 24. Assignment-and Subletting 11 A. Term 25. Relocation 11 B. Delay of Occupancy 26. Subordination 11 4. Rent and Expenses 3 27. Estoppel Certificates 12 A. Base Monthly Rent 28. Casualty Loss 12 B. First Full Month's Rent 29. Condemnation 12 C. Prorated Rent 30. Attorney's Fees 12 D. Additional Rent 31. Representations 13 E. Place of Payment 32. Brokers 13 F. Method of Payment 33. Addenda 13 G. Late Charges 34. Notices 14 H. Returned Checks 35. Special Provisions 14 5. Security Deposit 4 36. Agreement of the Parties 14 6. Taxes 4 7. Utilities 4 ADDENDA & EXHIBITS (check all that apply) 8. Insurance 5 9. Use and Hours 6 RD Exhibit A. Property Legal Description 10. Legal Compliance 6 KI Exhibit B. Office Development Site Plan 11. Signs 7 M Commercial Lease Addendum for Broker's Fee 12. Access By Landlord 7 ❑ Commercial Lease Expense Reimbursement 13. Move-in Condition 7 Addendum 14. Move-Out Condition 7 ❑ Commercial Lease Addendum for Extension 15. Maintenance and Repairs 8 Option A. Cleaning. ❑ Commercial Lease Addendum for Percentage B. Conditions Caused by a Party. Rent C. Repair& Maintenance Responsibility ❑ Commercial Lease Parking Addendum D. Repair Persons ❑ Commercial Landlord's Rules and Regulations E. HVAC Service Contract ❑ Commercial Lease Guaranty F. Common Areas ❑ Commercial Lease Right of First Refusal G. Notice of Repairs Addendum H. Failure to Repair ❑ Commercial Lease Addendum for Optional 16. Alterations 9 Space 17. Liens 9 ❑ Commercial Leasehold Construction Addendum 18. Liability 10 ❑ 19. Indemnity 10 ❑ 20. Default 10 21. Abandonment, Interruption of Utilities, Removal of Property.& Lockout 10 (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 1 of 15 burns properties inc.290 dowlen rd.#204, beaumont tx 77706 Phone:409 866 2398 Fax: 409 860 5208 Bums Properties Inc. T5334056.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 EXHIBIT "A" 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. ©Texas Association of REALTORS®,Inc.2002 1. PARTIES: The parties to this lease are: Tenant: City of Beaumont Texas ; and Landlord: Madeline L. Walker ; and 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the 'leased premises," along with all its improvements (Check only one box): M (1) Multiple-Tenant Property: Suite or Unit Number b452 containing approximately goo square feet of rentable area in Concord Square Office Park (building name) at 6452 Concord Road, Beaumont, T% 77708 (address) in Beaumont (city), Jefferson (county), Texas, which is legally described on attached Exhibit"A" or as follows: ❑ (2) Single-Tenant Property: The real property at: (address) in (city), (county), Texas, which is legally described on attached Exhibit or as follows: B. If Paragraph 2A(1) applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (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 36 months and days, commencing on: July 1, 2003 (Commencement Date) and ending on June 30, 2006 (Expiration Date). Subject to provisions of Paragraph 35.1. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 2 of 15 Produced with ZipForrn-by RE FormsNet,LLC 18025 Fifteen Mile Road.Clinton Township,Michigan 48035,(800)383.9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 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 Ju'Ly 1. 2003 to June 30, 2006 $ 1270.00/Month from to $ ; from to $ ; from to $ ; from to $ B. First Full Month's Rent:The first full base monthly rent is due on or before July 1, 2003 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 all 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: Madeline L. Walker, c/o Scott Walker Address: 3610 Newcastle Houston, T% 77027 (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 3 of 15 Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-8805 T5334056.ZFX C9mmercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 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 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 Charges: If Landlord does not actually receive a rent payment at the designated place of payment ,JO within I 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 $ None (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. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay $ None 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. After Tenant surrenders the leased premises to Landlord and provides Landlord written notice of Tenant's forwarding address, Landlord will, not later than the time required by §93.005, Texas Property Code, refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. The parties agree that Landlord acts in good faith if Landlord accounts for the security deposit within the time stated. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) NA Landlord Tenant (1) Water ❑ ❑ ❑ (2) Sewer ❑ &l ❑ (3) Electric ❑ ❑ (4) Gas a a Im (5) Telephone ❑ a U (6) Trash(Garbage) ❑ 901 ❑ (7) Cable El (8) Medical Waste ❑ ❑ (9) All other utilities ❑ ❑ ❑ (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 4 of 15 Produced with 7jpFonn1°by RE FormsNel,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035.(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 77708 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. 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 the utility expenses to heat and cool 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 , services to the leased premises during other hours for an additional c per hour. Tenant will pay Landlord the charges UDdep4hisragraph immediately upon receipt of Landlord's invoice. Hourly cha arged on a half-hour basis. Any partial hour will be rounded u a hour. Tenant will comply with Landlord's procedures to make a request ❑ (3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE: Tenant is Self Insured for all general and automobile liability claims and has no fie and extended coverage insurance on the leased premises or the contents lbelongin to Tenant. A. ' 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 b s naming Landlord as an additional insured; and (2) personal property damage insurance for Tenant's business operations and c ents on the leased premises in an amount sufficient to replace such contents after a casualty S. B. Before the Commencement Date, Tenant must provide Landlord wit copy of the insurance certificates evidencing the required coverage. If the insurance coverage nges in any manner or degree at any time this lease is in effect, Tenant must, not later than 10 s after the change, provide Landlord a copy of an insurance certificate evidencing the change. C. If Tenant fails to maintain the required insu ce in full force and effect at all times this lease is in effect, Landlord may: (1) purchase insurance that will vide Landlord the same coverage as the required insurance and Tenant must immediatel Imburse Landlord for such expense; or (2) exercise Landlord's edies under Paragraph 20. D. Unless the p ' s agree otherwise, Landlord will, at Landlord's expense, maintain in full force and effect insuranc r fire and extended coverage in an amount to cover the reasonable replacement cost of the imp ements of the Property and public liability insurance in an amount that Landlord determines (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 5 of 15 Produced with ZipForrn-by RE FomuNet,LLC 18025 Fifteen Mlle Road.Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: ,6452 Concord Road, Beaumont, T% 77708 E. ' contents that is caused by Tenant, Tenant's use of the leased premi ovements made by or for Tenant, Tenant will, for each year t ' ase-is-in--0ffect, pay Landlord the increase immediately after Landlord e increase. Any charge to Tenant under this Paragraph 8D will be 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: Emergency Medical Services Station (EMS) 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 re pr sents it operates. Tenant may operate 24 Hours per Day, 7 Days per Week for the 36 Mont Lease Term C. The Property maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): (See 9.B. above) 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises 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) 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 must satisfv itself that the leased premises may be used as Tenant intends by independently investigating all matters related to the use of the leased premises or Property. Tenant agrees that it is not relying on any warranty or representation made by Landlord, Landlord's agent or any broker concerning the use of the leased premises or Property. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 6 of 15 Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 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. 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 0 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 premises or Property_ 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. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 7 of 15 Produced with ZipForrn-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383.9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord (N Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the Property type. B. Repairs 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 Responsibility: Except as provided by Paragraph 1513, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises. 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 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.) NA Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components ❑ ❑ ❑ (2) Glass and windows ❑ W ❑ (3) Fire protection equipment and fire sprinkler systems ❑ lid ❑ (4) Exterior & overhead doors, including closure devices, molding ❑ Cl locks, and hardware (5) Grounds maintenance, including landscaping and ground ❑ (� ❑ sprinklers (6) Interior doors, including closure devices, frames, molding, locks, ❑ [x] ❑ and hardware (7) Parking areas and walks ❑ IN Cl (8) Plumbing systems, drainage systems, electrical systems, ballast ❑ ❑ and lamp replacement, and mechanical systems, except those specifically designated otherwise (9) Heating Ventilation and Air Conditioning (HVAC) systems ❑ [ ❑ (10) Signs and lighting: (a) Pylon ❑ ❑ (b) Facia ❑ ❑ a (c) Monument U ❑ ❑ (d) Door/Suite ❑ ❑ a (11) Extermination and pest control, excluding wood-destroying insects ❑ ❑ a (12) Storage yards and storage buildings ❑ W ❑ (13) Wood-destroying insect treatment and repairs ❑ ❑ (14) Cranes and related systems �] ❑ ❑ (15) ta ❑ ❑ (16) U ❑ ❑ (17) All other items and systems. ❑ Cl W D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. (TAR-2101)6-7-02 Initialed for Identification by Tenants: and Landlord: Page 8 of 15 Produced with ZipForm"-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(9), Tenant d is MI is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract 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 common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. 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 under 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. 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. 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. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 9 of 15 Produced with ZlpFonn-by RE FomsNet.LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 18. LIABILITY:To the extent permitted b y law, Landlord is NOT responsible to Tenant or Tenant's employees, patrons quests or invitees for any damages injuries or losses to person or property caused by. A. an act omission or neglect of: Tenant: Tenant's agent: Tenant's quest- Tenant's employees; Tenant's_ patrons-, Tenant's invitees: or any other tenant on the Property; B. fire flood water leaks ice snow, hail winds explosion smoke riot strike interruption of utilities, theft burglary, robbery assault vandalism other persons environmental contaminants, or other occurrences or casualty losses. _ 19. INDEMNITY: Each party will indemnify and hold the other party harmless from any property damage, personal iniury, suits actions liabilities damages cost of repairs or service to the leased premises or Property, or any other loss caused negligently or otherwise by that party or that party's employees patrons quests or invitees. to the extent allowed by law. 20. 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. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease 30 days within after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any o e`r reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. C. If Tenant is in default yable dufiRg the-FemaiRder At this lease eF any }-pefied-Mtlieut--notice-ef-demand-f 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)/Landle45 e05t of feletting t e leased pFeffliises, fees, advertising fees, an (3) repairs to the leased premises for use beyond normal wear and tear; (4 , and (5)KOI! I=afidleFd' ( or environmental (7) cost to remove any trash, debris, personal property, hazardous materials, contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased premises or Property; (8/ffeest te fepleee any ufiFetumed keys eF aeeess de iees te the leased pfemises, (9) any othe,ecovery 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. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 10 of 15 Produced with ZipFOrm°by RE FormsNet,LLC 18025 Fifteen Mile Road,Union Township.Michigan 48035.(800)383-9805 T5334056.ZCX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 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 for any holdover period will be-L64w&d the base monthly rent ,basis and-w fl-be-i�fl°r e{ gp � to the extent allowed by law. 23. Tenant grants to Landlord a lien and security interest against all mp personal property that is in the leased premises or -is se is a security agreement for the Ixlrposes of the Rg statemeF+/' 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. 25. RELOCATION: ❑ 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 Tprtant'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. Q B. Landlord may riot 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 lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, 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, attornment, 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. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 11 of 15 Produced with ZipFOrm"-by RE FormsNeL LLC 18025 Fifteen Mile Road.Clinton Township,Michigan 48035.(800)383-9805 T5334056.ZFX Commercial Lease concerning: _ 6452 Concord Road, Beaumont, TX 77708 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: A. any breach of the lease; B. the then current rent payment and rent schedule; C. the date the next rent payment is due; D. any advance rent payments; E. the amount of the security deposit; F. any claims for any offsets; G. the then current term of the lease; H. any renewal options; I. Tenant's possession and acceptance of the leased premises and improvements; J. any ownership interest by Tenant; and K. any other information reasonably requested in the certificate. 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. 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. ' (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 12 of 15 Produced with ZipFonn-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 77708 31. REPRESENTATIONS: 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. 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: 32. BROKERS: A. The brokers to this lease are: None Burns Properties, Inc. 0424819 Cooperating Broker License No. Principal Broker License No. 6845 Phelan Boulevard, Beaumont, T% 77706 Address Address (409) 866-2398 (409) 860-5208 Phone Fax Phone - Fax burns—ar @swbell.net E-mail E-mail Cooperating Broker represents Tenant. Principal Broker: (Check only one box) [� represents Landlord only. ❑ representsTenant only. ❑ is an intermediary between Landlord and Tenant. B. Fees: C� (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 ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. 33. ADDENDA: Incorporated into this lease are the 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 part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 13 of 15 Produced with ZipFormTM by RE FormsNet.LLC 18025 Fifteen Mile Road,Onion Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6,452 Concord Road, Beaumont, T% 77708 34. NOTICES: 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 to: Kyle Hayes, Beaumont City Manager Address: Po Bog 3827, Beaumont, T% 77704 Phone: Fax: Landlord at: Madeline Walker, c/o Scott Walker Address: 3610 Newcastle, Houston, T% 77027 Phone: (713) 627-9181 Fax: (713) 627-3848 and a copy to: Burns Properties, Inc. Address: 6845 Phelan Boulevard, Beaumont, Tx 77706 Phone: (409) 866-2398 Fax: (409) 860-5208 35. SPECIAL PROVISIONS: ted '1- eble= hatseevev. •s Z ll1.0.1 r S 5-I - 35.1 Tenant may terminate this lease by giving Landlord 60 days advance written notice of its desire to terminate. 36. AGREEMENT OF PARTIES: A. Entire Actreement:This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: 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. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 14 of 15 Produced with ZipForrn-by RE FomisNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 61+52 Concord Road, Beaumont, T% 77708 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 Enioyment: 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 Maieure: 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 Beaumont Texas Madeline L. Walker Tenant Landlord By By Date Date Printed Name Printed Name Madeline L. Walker Title Title Owner Tenant Landlord By By Date Date Printed Name Printed Name Title Title (TAR-2101)6-7-02 Page 15 of 15 Produced with ZtpForm-by RE FoansNet,LLC 16025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX f EXHIBIT A PROPERTY LEGAL DESCRIPTION LOCATION: 6q-5Z CONCORD RD. LEGAL DESCRIPTION: PL RS 1 TR 193 D .496AC THOS SPEAR ABST 50 LOCATION: 6440 CONCORD RD., BEAUMONT, TX 77703 LEGAL DESCRIPTION: PL RSI TR 193C THOS SPEAR ASST 50 .531 AC LOCATION: 6430 CONCORD RD. LEGAL DESCRIPTION: PL RSI TR 193G THOS SPEAR ABST 50 .569 AC ti It a ,1 A 'a r i p Y ; + O j � � f • o � jai ;►� fit-• TEXAS COMMIS.51c ' � f •Z00lh � IVSHIOHA aLga YQ CCBL COO CTL XVJ LO:ZT IVA 00/8Z/TO TEXAS ASSOCIATION OF REALTORS(R) COMMERCIAL LEASE ADDENDUM FOR BROKER'S FEE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ©Texas Association of REALTORS®,Inc.2002 ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED LANDLORD AND TENANT CONCERNING THE LEASED PREMISES AT 6452 Concord Road, Beaumont, Tx 77708 A. Leasing: All leasing fees are earned when the above referenced lease is executed. (1) Madeline L. Walker will pay Principal Broker a leasing fee calculated and payable as follows: (a) 4.000 % of all base monthly rents to be paid for the term of the lease payable as follows: one-half of such amount at the time Landlord and Tenant execute the lease and the remainder on the date the lease commences. (b) % of all base monthly rents to be paid for the term of the lease payable as follows: LJ (c) (2) N/A will pay Cooperating Broker a leasing fee calculated and payable as follows: L3 (a) % of all base monthly rents,to.be paid for the term of the lease payable as follows: one-half of such amount at the time Landlord and Tenant execute the lease and the remainder on the date the lease commences. Ll (b) % of all base monthly rents to be paid for the term of the lease payable as follows: L3 (c) B. Renewal and Expansion Fees: If Landlord and Tenant subsequently extend, renew, or expand the lease, including a new lease for more, less, or different space in the Property or in any other property owned, controlled, or managed by Landlord, the brokers will be paid the fees set forth below. The fees will be earned and payable when the extension, renewal, expansion or new lease is executed or commences, whichever is earlier. (1) Madeline L. Walker will pay Principal Broker a renewal fee of: (a) 2.000 % of all base monthly rents to be paid for the term of the extension, renewal, expansion, or new lease. (b) . (TAR-2102)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 1 of 2 bums properties inc.290 dowlen rd.#204, beaumont tx 77706 Phone:409 866 2398 Fax: 409 860 5208 Burns Properties Inc. T3628055.ZFX Produced with ZipFonnTM by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 Addendum for Broker's Fee concerning 6452 Concord Road, Beaumont, TX 77708 (2) N/A will pay Cooperating Broker a renewal fee of: (a) % of all base monthly rents to be paid for the term of the extension, renewal, expansion, or new lease. (b) C. Fees in the Event of a Sale: If, during any time the lease is in effect or-d'uring any time Tenant occupies the leased premises, including any extension, renewal, or expansion, Tenant agrees to purchase the leased premises or Property by oral or written agreement or option, brokers will be paid the additional fees set forth below. The additional fees will be earned at the time Landlord and Tenant enter into an agreement for the sale, purchase, or option for the leased premises or Property, and are payable at the time the sale or purchase closes. (1) N/A will pay Principal Broker an additional fee of: �] (a) % of the sales price for the purchase. (b) (2) will pay Cooperating Broker an additional fee of: (a) % of the sales price for the purchase. (b) D. County: All fees under this addendum are payable in Jefferson County, Texas. E. Attorney's Fees: If Landlord, Tenant, or any broker is a prevailing party in any legal proceeding brought as a result of a dispute under this addendum or any transaction related to or contemplated by this addendum, such party will be• entitled to recover from the non-prevailing parties all costs of such proceeding, prejudgment interest, and reasonable attorney's fees. F. Special Provisions: City of Beaumont, Texas Madeline L. Walker Tenant Landlord By By Date Date Tenant Landlord By By Date Date None Burns Pro erties Inc. Cooperating Broker Princi I ker By By Date Date (TAR-2102)6-7-02 Page 2 of 2 Produced with ZipFormTM by RE FomuNet lLC 18025 Fifteen Mile Road.Clinton Township.Michigan 48035.(800)383.8805 T3628055.ZFX