HomeMy WebLinkAboutRES 03-219 RESOLUTION NO. 03-219
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a lease agreement with
Oasis Car Wash, Inc. for a new Women's, Infants and Children (WIC)satellite office. The
lease 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 7th day of
October, 2003.
- Ma or Evelyn M. Lord'-
Oct 01 03 03: 14p Burns Properties Inc 409 860-5208
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TEXAS ASSOCIATION OF REALTORSe AFT
COMMERCIAL LEASE
USE OF TM FORM BY PERSONS WHO NM NOT HEWERS of THE TEXAS AMMT"N of REALTORS@ e;NOTAUTNORfMO_
AT+ras Assoc4Bon of REALTDRSC6 hro.not
Table of Contents
No. Paragraph Description Pic.. No. Paragraph Description
I. Parties
2. Leased Premises 2 22• Holdover 11
3. Term 2 23. Landlord's Lien&Security Interest 11
A. Term 2 24. Assignment and Subletting 11
B. Delay of Occupancy , 25. Relocation 11
4. Rent and Expenses 26. Subordination 11
A. Base Monthly Rent 3 27. Estoppel Certificates 12
28. Casualty Loss
B. First Full Month's Rent 29. Condemnation 12
C. Prorated Rent 30. Attorney's Fees 12
D. Additional Rent 12
E. Place of Pa 31. Representations 13
F. Method of pant - 32. Brokers
yment 33. Addenda 1.3
G. Late Charges 34. IVotioes 13
H. Returned Checks 35. Special Provisions 14 ` ';1+
5. Security Deposit 4 36. 14
6. Taxes 4 Agreement of the Parties
7. Utilities
8. insurance 4 ADDENDA&EXHIBITS(check all that
9. Use and Hours 5 X
6 Et Exhibit _
10. legal Compliance 6 Ct Exhibit
11. Signs T ❑❑ �mntierciat.Lease Addendum for Broker`s Fee
12. Access By Landlord mmerdal Lease
13. Move4n Condition 7 Addendum Retmbucsement
14. Move-Out Condition 7 ❑ Commercial Lease Addendum for.Extension
15.. Maintenance and Repairs 8 Option
A. -Cleaning p
❑ Commercial Lease Addendum for Percentage
B. 'Conditions Caused by a Party Rent
C. Repair&Maintenance Responsibility 13 Commercial Lease parking Addendum
D. Repair Persons a Commercial Landlord's Rules and Regulations
E HVAG Service Contract Coil mgrcial Lease Guaranty
i F Common Areas ❑ Commercial Lease Right of First Refusal
•} i G. Notice of Repairs
H. Failure to Repair Addendum
16. Alterations ❑ -Comrnerrial Lease Addendum for O
17. Liens
9
Space
Optional
18. Liability 9 ❑ Commercial Leasehold Construction Addendum
19. indemnity _ 107j . ❑. {i
20. Default 10 ❑
21. Abandonmen 10
t, Interruption of Utiildes,
Removal of Property&Lockout 10
(TAR-2101)6-7-02 Mated for Identification by Tenants:
. '.end Landlord: - Pape 1 of 15
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EXHIBIT «A»
Oct 01 03 03: 14p Burns Properties Inc 409 860-5208
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TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE Of THIS FORM BY PERSONS WNO ARE NOT HERS OF THE TMS ASSOMTION OF REALTOP-W IS NOT AUTHORIZED•
OT-ft Assocftwn d MALTOR30,fM..zwz
1. PARTIES: The parties to this lease are:
Tenant: city of Beaumont
Landlord: OCWI BorroTaer L and
and
2. LEASED PREMISES:
A. Landlord teases to Tenant the following described real property,known as the"leased premises,"along
with all Its Improvements(Check only one box):
Multiple-Tenant Plbperty-Suite or Unit Number Es containing approximately i686
} square feet of:rentable area In
t at 5550 Eastex FreeTra (building name)
t ` (address)In Beaumont
Jefferson (Coynly}
Texas,which is legally descrlbed'on attached Exhibit , ,
or as follows:.._.
O (2) Since --Tenant Property The real property a# -
( - (address)In
Is legally described on attached Exhibit (Coun ty), Texas,which r�
or as follows:
B. If Paragraph 2A(1)applies:
(1) "Property" means the building r Any common areas,drives g c mplex in which the leased premises.are located, Inclusive of
,parld 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.. - -
ATerm The term
of this -
lease is--- 6 monftis arx - days,commencing on
November 1,.: 2003
(C Drn nop4mnt Date)and- rtdirag.on '^
(Expiration Date) _
(TAR 2101)6-7-02 Initialed for Identification by Tenants:
and Landlord: Page 2of 15•
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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 substantial(
complete or a prior tenant's holding over of the leased premises, Landlord 1Yi71 not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay,the Commence
Date will automatically be extended to the date Tenant is able to coca ment
Expiration Date will also be extended by a like number of day y Property, and the
unchanged. If Tenant is unable to s, so that the length of this lease remains
Commencement Date because of construction on leased rp premises to the 90th day after the
that Is not substantially complete or a prior tenant's holding over of the leased completed iss, Tenantdma
terminate this (ease 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 00cu a
'. the leased premises(f required by a governmental body.
p ncy for
4. RENT AND EXPENSES:
A. Base Monthly Rent: On or before the first day of each month during this lease
Landlord base monthly rent as described on attached Exhibit . Tenant'wiq pay
or as follows:
from R-�bc' t to _cPC,-�. '3
from f. '1 OC- „ �
from to - - 1
to
from to
m to �$
B. trst Full Month's Rent:The first full base monthly rent is due on or before o z • ;
ember 1 2003
!. C. Prorated Rent- If the CO
mrnericement Date is on a day.
Y other than the first day of a month,Tenant will
Pay Landlord as Prorated tend� amount equal to the base
fraction: the:number of days from the Commencement Date to firs{ day f y the following
divided'by-the number of days In the month In which this lease commences. The month
on or before
Commencement Date. prorated rent is due
I D :Add"
Mona In addition to the base monthly rent an
amounts,as provided by the attacthed d Prorated rent,,Tenant will pay Landlord all
{1):Commercial (Check all that apply):
Expense Reimbursement Addendum
Q (2) Commercial Percentage Rent Addendum
Q (3) Commercial Parking Addendum
❑ (4)
All amounts -
payable under the applicable addenda are deemed to be rent" for the 3
lease. � ,
_ Purposes of this
E. Ptaoe of Pa nr
Tenant will remit all amour
at the place stated or to such other duet° under this lease-to the follows i
Person P t ndlord may later designate in writing.-
Name: z _. `
S Pro 3 I
3n i
Address: 845 hel — – -
,.,
(TAR 2101)6-T-02 Waled for Idewcason by Tenarits:
.and L.andbrd:—
Page 3 of 16
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Oct 01 03 03: 15p Burns Properties Inc 409 860-5208
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Commercial lease concerning: peaumont.
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
within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 20.
H. Returned Checks:Tenant will pay$25.oo (not to exceed$25)for each check
Tenant tenders to Landlord which is returned by the Institution on which it Is drawn for any reason, plus
any late charges:unfit Uindlordd receives payment
is
t
S. SECURITY DEPOSIT:
A Upon execution of this(ease,Tenant will pay$ [, to Landlord as a security
deposit. i
B. Landlord may apply the security e ,
ty posit to any amounts owed by Tenant under this lease. If Landlord I
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.fo
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 a other
charges authorized by this lease:The parties agreeihat 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 teased premises.
7. UTILITIES:
j ,party designated tie OW,V til pay:for.the following utility charges to the leased prem_ises and any
#: connection charges for the utilities.(Check a#that apply.). NA Landlord Tenant
(1 Water _ _
(2) 'Sewer - ❑
(3) Electric
(4) Gas
(5) Telephone _ _ - _0 -❑
(6) Trash 0
(7) Cable
(9) All other utilities 13 ❑ �
(TAR-2101)6-7-02 Initialed for identification by Tenants:
d mod.
Page 4 of 15
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Oct 01 03 03: 16p Burns Properties Inc 409 860-5208
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Commercial tease conceming: Beaumont
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.
r ❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased prerYilses during other hours for an additional charge of$
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoices Hourly charges are charged on a half-hour basis. Any partial hour:will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a'request
to provide the additional HVAC services under this paragraph. _
❑ (3) Tenant will pay for the HVAC services under this lease. ;)
8. INSURANCE:
A. During 11 times this lease is in effect,Tenant must, at Tenant's expense, maintain in full force and effect
from an urer authorized to operate in Texas:
(1) public N tiY insurance in an amount not less than $1,000,000:00 on an occurrence basis naming
Landlord as additional insured;and
(2) personal prop damage insurance for Tenant's business operations and contents on the leased
premises in an amount sufficient to replace such contents after a casualty loss.
B. " re the Commencement Date,Tenant must;provide Landlord with a copy of the insurance certificates
evid cing the required coverage. If the insurance coverage changes In any manner or degree at any
time ' lease is in effect,Tenant must, not later than 10 days after the thane provide Land
of anins rice certificate evidencing the change, change, - lord a cbPY
C
If Tenant far o'niaintain the required insurance in full force and°effdct at all times this lease is in effect,
1 Landlord may:
,:.
(1) p. se insura that wilt provide Landlord the same coverage as the required insurance and
Tenant must in ly reimburse Landlord for such e
' xpense;or � _.
(2) exercise Landlord's;re - ies.urrder Paragraph
D. Unless'the parties agree otherwise, Landlord will.at Landlord's expense, maintain in full-force and effect-
insurance for fire and extended eoverage in an amount to cover the reasonable replacement cost of the
Improvements of the Property and public liability insurance in an amount that Landlord:determines ; i
reasonable and appropriate. --- i
(TAR 2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord:
Page 5 of 15
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Oct 01 03 03: 16p Burns Properties Inc 403 860-5208
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'•i; Commercial Lease conceming: Beaumont
E. If there is an increase in Landlord's insurance premiums for the [eased premises or Property or its
contents that is caused by Tenant,Tenant's use of the leased premises, or any improvements made by
or for Tenant. Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8D will l
equal to the actual amount of the increase in Landlord's Insurance premium.
9. USE AND HOURS: IZ
r
A. Tenant may use the leased premises for the following purpose and no othenor operatinor the
omens Infants and Children s program and any business associated.
i
B. Unless otherwise specified in this lease, Tenant will operate and conduct Its business in the leased
premises during business hours that are typical of the industry in which Tenant represents it operates.
f.
C. The Property maintains operating hours of(sp hours, days f weep and if inclusive or exclusive`of
weekends and holidays);
'(4.LEGAL COMPUANCE:
` A 'TerW 'may not use or permit any_part of the leased premises to be used for.
(fi) any achvrty which Is a nuisance.or is offensive,noisy,or dangerous;
;(2) any';activity That interferes with any other tenant's narnal business;operations or Landlord's
martgement of the:Property;
(3) any °activity that violates any applicable law, regulation, zoning'4xdinance, restrictiveyenanti
governmental order, owners association rules, tenants' association -rules, Landlord's rules,`or Ij
regulations,'or this lease;
(4) any hazardous acWdy that would require any Insurance prelnium:on the Property or leased preritises
to Increase or that would void any such Insurance;
(5) any activity that violates any applicable federal,state, or local lave, including but not limited to those
laws, related to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions,or other environmental matters;
( the permanent or temporary storage of any hazardous material;or
�,.
B "hazardous material" means: an t, _
1 , y pollutant toxic substance, hazardous waste, hazardous material,
+ hazardous substance,.' ;or oti as defined,by any.federal,.-state,-or local environmental law;- -
+ + regulation,ordinance,o�nee existing as_of the date of this lease•or laterenactecl
lr .�
')
Landlord does not rep nt or warrant that the leased
premises or Property conform to a
ctions, .zoning o Inanegs, setbeck_lines applicable
y parking r�equiremerts. �rtipervrous round coyer ratio
fieq� .
+ rents,and other matters that gm relate#o Tenant's-intended°use Tenant mu sf satin itself that
the leased remises ma be� ' s na t to `
e ndentl nvesti a6 all matters r�elafe`d to
the use of the leased premises or Property Tenant agrees that it is not relvrnd on any warranty or
e r+esentation made b Landlord ndlords a en or a brotcer'concerTrirthe"tip=o -leased_
Rrernlses or Pronerty
(TAR-2101)6-7-02 InWaled for Identification by Tenants: -
and LancKord:
Page 6 of 15.
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Oct 01 03 03: 1 7p Burns Properties Inc
409 860-5208 p,9
555.0 Eastex Freeway
COMrWrdal Lease concerning: Beaumont
11.SIGNS: .
A. Tenant may not post ior paint any signs at, on, or about the leased premises or Pro
Landlord's written consent. Landlord, may remove any unauthorized sign, and Tenant will promptly without
reimburse Landlord for�its cost to remove any unauthorized sign. Promptly
B. Any authorized sign must comply with all laws, restrictions,
order relating to signs on the leased premises or Property. Landlord ordinances, and any governmental
authorized sign to complete repairs or alterations to the leased remises or the Property..'
ro peorattly remove'any
9 p p P I
prty..
C. By providing written notice to Tenant before this lease ends,
move-out and at Tenant's a Landlord may require Tenant, upon
m all signs that were laced expense, Property without damage to the Property or leased premises, any
perry or leased premises by or at the request of Tenant. Any
signs that Landlord does not require Tenant to re move 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
Purpose; Including but'not limited to u Promises for any reasonable
ros purposes for repairs, maintenance, alterations, and showing the
leased Premises.to
P pective tenants or purchasers. Landlord may,access the leased
Tenants normal business hours jf: (1)entry is made with Tenant's premises after
;to;oornplete emefgency. re•pairs: Landioed will not unreasonably or }Tenaan s�buces ness ry
c, ,loperattons when!aing file teased promises.
tfe�ast
,tht ie days of this lease, Landlord may place a"For Lease"or similarly worded sign in
ased premises.
'i3:MOVE-IN CONDITION: T�nant'has. instected the leased premises acs is it i
coridi6on unless expressly rnoted'otherwise In this lease. Landlord and an P n Its'present
led warranties as to the oondifion or aermitted use of the leased t have made' 'no
ez
txemisesorPr�rn, . , tj
14.MOVE-0UT CONDITION AND FORFEITURE OF TENANTS PERSONAL'pROPERTY: #
A_ At the time this lease ends, Tenant will surrender the leased premises in the same condition as 1
received, except for normal wear and tear. Tenant will leave the leased premises In a clean condom
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
leased premises, Landlord may; {1) require.Tenant, at Tenants Possession of the
ProPerty.by Providing written notice to Tenant; or(2) retain suchnSe' to remove personal
to Landlord. - Personal property as forfeited-property
C "Surrender*means vacating the leased premises-and return all keys"Normal wear and tear" means deteriorafton that:occurs vvith�out Ss and-access devices to Landlord.__
4 , ab 9e�;�a
Hess, acciden -
b
l ; BY providing Written notice 1}b Tenant before ffiis lease ends Landlord ma _
,mop e-eut and'at Tenant's expense;to'remove,i�vtUKU damage to the Pro Y wire Tenant, upon
I! fixtures that were,placed,ah°the�Pro � Property or leased premises,any
i petty or leased premises by or°•at the request of Tenant.An
fixtures'tfmat Landlord d�not•require;Tenant to remove become the property of the Landlord and must
be surrendered to Land oM at'tlie time this lease ends.
(TAt2 2101)6-7-02 Initlaled for Idenfflcation by Tenants:
—..._ .and Landlord: ;
• Page 7 of 15
6 6iWpm40M"3Cy9op5 T 4
Oct 01 03 03: 18p Burns Properties Inc 409 860-5208
P. 10
5550 Eastex Freeway
Commmlal Lease conceming: Beaumont,
15.MAINTENANCE AND REPAIRS:
A Cleaning: Tenant must keep the leased--premises dean and sanity and
garbage in appropriate;receptacles. ❑ Landlord Q Tenant will vi Promptly dispose of all
services to the leased premises'that are customary and ordinary for the Pro pet its expense' janitorial
• Property type.
B. Repairs of Conditions Caus LJ 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 partys guests, patrons, invitees,contractors or permitted subtenants.
it
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 teased
premises. The specified items must be maintained in dean and good
governmental regulation or order requires a modification to any of gthe specifiedeite condition. a a '
designated to maintain the Item Must complete and pay the expense of the modification. The the
Items Include and relate only to real property In the leased premises.Tenant is responsible for the repair I
and maintenance of its personal property. (Check all that apps
NA Landlord Tenant
(1) Foundation,exterior walls,roof,and other structural components Q ( ❑
(2) Glass and windows ❑ ❑
(3) Fire protection equipment and fire sprinkler systems ❑
(4 Exterior. : :overhead doors, indudin closure devices mold( ❑
locks,and tiandware g ng t��' ❑
a
} (5j Grounds rnaintehanoe`' including tandsca i ng and
ground:❑
t• : • ,, - sprinlders• -
`+ ' �(4i;!lntenor tloojs, inc�uding i closure devices, frames, molding, locks, ❑
� a',;q s'an walks'
+7(8) Plumbing syst drainage systems, electrical systems, ballast Q ❑
i '`Y r .lam re taceme �a a
P rtt. nd tnechatilcal systems, except those
r 'sl>eaficaliy ttesigniated o fierwise�
(9j Heating'Ventillation and Ale Conditioning(HVAC)systems
(10) Signs and lighting: a
(a) Pylon
(b) Facia +
(c) Monument cl, ❑ . I
(d) Door/Suite '� ❑
11) Extermination and pest control.excluding wood-destroying insects cts O j
12) Storage yards and storage buildings a
(13) Wood-+destro ying insect treatment and repairs = - �- ❑ '
(14) Cranes and related systems ❑ ❑ a
(15) a ❑ ❑
(1
All:other items and systems: - a= ❑
❑ ❑ d
r D. Repair Persons; Repairs must be:oomple;t,e d
by trained,gciafified,and insured repairpetsons
irlltlalAd'for Identificattbn by Tenants:
{ ,,t.. a t'•' .and Land . _
- lord Page 8 of 15
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' Oct 01 03
i 03: 19p Burns Properties
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5550 Eastex Freeway
j Commercial Lease concerting: "Um
�. HVAC Service Contract: ff Tenant maintains the HVAC system
❑ s not required to tnfain; at Its a under Paragraph 15C(9), Tenant(3 is
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
maintain a required HVAC fi' provides such contracts to similar
maintenance and service contract in effect at e du ng this f lease
Landlord may do so and charge Tenant the expense of such a maintenance and servi
exercise Landlord's remedies under Paragraph 20. contract or
F. Common Areas: Landlord will maintain any common areas in the Pro
determines to be in the best interest of the Pro perm in a manner as Landlord j
the common area. Landlord may change the size dimension, and location not any common signs ease ' !
provided that such change does not material! i
Tenant has the non-exclusive license to use the Impair
areas in complianceowith Landlord's
and restrictions. Tenant may not solicit any business in the common
person's right to use the common areas.This paragraph does not ly If Paragraph interfere with any other
- 2A(2)applies.
G. NRe rsairs-Tent must promptly notify Landlord of any item that Is in need of it ndlord's responsibility to repair.All requests for repairs to Landlord mu and that is
� - t
•=: ; s be&�venting.
N. =allure to Repair.Landlord must make a repair for which Landlord Is responsible within a reasonable
I?eriod'of time after Tenant:provides Landlord written notice of the needed
1. t+epair.:or maintain ark item for'which Tenant is responsible within 10 days aefteer.Landlord npro des
7 malt written notice;of the needed repair or maintenance
_� .1tem, without Cabtlity'for are d ' Landlord (1) repair or maintain the
! `Y: amage or toss to Tenant, and Tenant must immediately reimburse
landlord for the cost to repair or maintaln;-or(2)exercise Landlord's remedies under Paragraph 20.
A Teirant may ktot alter,Improve,or add to the Property or the leased'preaxses
consent: Landlord. will not• unreasonably withheld consent far,: Landkd's n aj
non-strucurat aiteraations,modfications on-Improvements to the leased_ Thant .td eke reasonatilg a
' mp premises.
B. Tenant may not after any Iocks or
any
Landlord's consent ff Landlord authorizes security devices on the Property or the leased premises without :
the changing, addition, or rekeying.of any- locks or'o
s to Landlord.
Y they
security devices,Tenant must immediately deliver the new keys and access device rl
C. If a governmental order requires alteration or modification to the leased,
maintain and repair the item to be modified or after�ed as designated In iParagrapph party at its j
expense,modify or after the item in compliance with the order.
�-
Any improvements,. fixtures or additions to he Property'or leased premises Installed by
party during the term of this lease will tieoort�e Landlord's property-and must be surrendered to
_.. . Landlord at the time this lease ends, except for those
' rider Para cep fixtures Landlord requires Tenant to remove
graph 11 oj-14 or if.the parties agree othdWse hi wrrti
h 7T. LIENS;Tenant
may not do an' i -
I F.; y yth ng that Will causee fftte of the Pro -- _-
i. . er er`ed in any way. ff Ter causes :a lien'to.. party or teased premises to>pe rty Tenant wilt within 20 days.after ecelpt of landlor�c!'s,demarxi; agatnst
the Pro Pe or teased
rec premises:
r Q `0)take action�o discharge the lien Tenant wi`II ( )paY the lien and have.the lien reieased.pf_-
:. obtains ursuant to this
pregm[�h. P #de Landiorr! a copy,of:any r+e[ease Tanar7t
1 i
(TAR-2161)6-7.02 Initialed for Wenlificatlon by Tenants:
$and Lad onj.— .
page 9.!Pf 45 ).
rroaaw« z 1pFOm,�6VREFWKW&KLWW=aR..eweiao.aaeaoTa.,,.h44 yeas(eooiaw�eos
Ts6.zFX ;i�
Oct 01 03 03: 19p Burns Properties Inc 409 060-5208
s. P- 12
5550 Eastex
Commerdal Lease conceming: eaumont Freeway
i
18. UABIL(TY:To the extent mtitted b law andlord Is NOT res onsible to Ten nt Tenant's em to
r; atrons nests or Invitees for an dama es in uries 'or losses to erson or ees
A. an°a omission or n lest of Tenant Tenant's a en Tenant's nest•Tenant's em lo ees Tenants
I i patrons:Tenant's invitees•or anv other tenant on the Property
!�!' '
B. fire flood water teaks ice snow hail winds a Iosion smoke riot strike Wpm u Pion of utiGfies
the bur la robbe assaul vandalism other rsons environmental contaminants or other
occun-enees or casual losses
19. INDEMNITY: Each a will indemn' and hold the other a harmless from an ro
rsonal in'u suits actions liabilities dama es cost of re irs or service to the teased remasespor +
Property or anv other loss caused, neon entty or otherwise by that party or that parfv's emplo
patrons vuests or invitees
20. DEFAULT;
j A. If Landlord fails to co
failure to y with this lease within 30 days after Tenant notifies Landlord of Landlord's
j comply, Landlord will be in default and Tenant may seek'any remedy provided by law. tf,
however, Landlord's non-compliance reasonably requires move than 30 days to cure, Landlord will not
! be in default If the cure is commenced within 3Q-da
I y period and is diligently pursued.
6 tf Landlord does not actually receive°at the
I within 5 days after-it is due;Tenant°will be In* designated for payment any rent due under this lea�e
In default. if Tenant fails to comply other reason within 10 day" Landlord notifies Tenant of its failure t w Tenant yin'ilobe
OWL mp Y.
1 in
#,gr1ant is in defau ', Landlord tray: (i) terminate Tenant's right to. occupy the leased premises b
+pro , ing Tepa�t w;t at leas} 3 days written notice; and (u') accelerate all rents which Y
�luf rng=the remainder of this lehse or an are Payable
:att+rrrt�i to rYiitt�ate a d t Y renewal period without notice or demand. Landlord will
r amiage or loss caused b i Tenan
!L ; ri�eans:•!f Tenant is in!d Y f s breach by using oomrnerr ally reasoriabie
s �1) lost rent; I efaJ Teiiantwill.be liable for.
M Land[ord's cost of reletttng the leased premises, including'brolterage fees, adveti< an
istng fees, '
other fees necessary to retet the leased premises;
(3) repairs to the leased premises for use beyond normal wear and tear; '
(4) all Landlord's costs associated with eviction-of Tenant, such as attorney's fees, court costs, and t
Prejudgment Interest~
(5) all Landlord's costs associated with collection of rent such as collection fees, Late cha
returned check charges; rges 'and
(6) cost of removing any of Tenant's
equipment or fixtures left on the leased premises or Properly;
(7) cost to remove any trash. debris, personal 'property. hazardous mate'
contaminants left b Tenant or Tenant's a to or environmental
Y !nP _Ys. patrons; guests, or invitees In � leased
premises a Property;• -• . . .
f
(8) cost to'repiace any unretumed keys or access devlces to the leased
Property, _ premises, parking areas, or
(9) any other recovery to which Landlord may be entitjed under this:leasebr_urrlecknw:
.ABANDONMENT,�:1NTERRUpTION Of UTILIT[ES,'1tEMOVAt'OF ,:-
i Chapter;93 of the Texas l PR 1 j0 LOCKOUT':
} ' abaridonmeirt of the leas� nY ode governs the rights and obligations of the parties with
I preoQs; b Interruption of utilities; (c) removal of Tenants regard to: {e)
! "Ioick ill"of Tenant: I { ) P Property; and (d)
At2 216116 4-02 in:'
iGaidd for'Idjnti is*n by Teriaets:
I .and Landlord:
Pape 10 of 1s
+
b F mK U+C"US Frim I W iiad.CrnbnTaNnelip,Yd�a ,pp��pp� + ,r' y'
Oct 01 03 03:20p Burns Properties Inc 409 860-5208
P. 13
Commercial Lease concerning: Eastex Freeway
:1
22. HOLDOVER:If Tenant falls 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 2 times the base monthly rent plus any additional rent calcul ity
ated on a da
' bads and will be immediately due,and payable daily without notice or demand.
r: ,.• 23. LANDLORD'S LIEN AND SECURITY INTEREST. To-secure Tenant's
Tenant rants to Landlord a lien and securi 'nt re t ainst all of Tenantp's none em
ce
tursonalrs rose,
that Is in the leased aremises'or Property. This lease is a security agreement for the u ses o
Uniform Commercial Code. Landlord may file a copy of this lease as a financing statement p f tide
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 premise$: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 an
Tenant will remain Gable for all of Tenant's obligations under this lease:r any Past tmf fire assignment or j
sublease is made with or without the consent of Landlord.
25. RELOCATION:
0,10"k By providing Tenant with not less than 94.days advanced written notice, Landlord may require Tenant
i
to relocate to another location.in.the Property,provided that the other location is. q
!' than the'leased premises then occupied by Tenant and contains equal in size or larger
r�s similar leasehold i
Landlord will pay Tenant's reasonable out-of improvements
„ -pocket moving expenses for moving to:the other bcation.
"Moving expenses means 'expenses
V` P=dctiori and disconnection fees.vvtrt payable to professional movers, utility companies Pr
' , ng oompariles for connecting and disconnecting Tenant's office
equlpment required b the.relocation and
tiusrngss cards:A reltior�of Tenant will not Chag affect afny other progirisron of this lease�' and
t r t(ien in effetncudig rent and r+elmbursement amounts, exoept_that the description of the suifetor
unit nurrlber writ autoit�atioal
J ty be:am$nded.
' Lat diotid may..Mt.req ilre Tenant to relocate to another location in the Pro
l';con$ent; pert without Tenant's.prior
26. SUBORDINATION:
A This lease and Tenant's leasehold interest are and will be sub
Ject,subordinate,and ifife�tor to:
(1) any Gen, encumbrance.:or ground tease now or hereafter placed'on the Leased premises or the
Property that Landlord authorizes; i
(2) all advances made under any such Gen,encumbrance,or ground lease; i
(3) the Interest payable on.any such Geri 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'assoclation affecbn tfie ipased:premises Qr 'topErty
== o
B. Tenant must. on demand, execute a suborduiatii5n, aftoriime and ran , , gg�ment that
i _
�..: Landlord may request that Tenant:execute,provided that such a roe nt -
this lease and Tenant's rights under this lease are recognized by ate imiee'n�hold de on t e Won t Y"
CfAR 2f01)6-�-02 i s Intfaled for id n n by Tenants: and Landlord-
Page Page 1l of 15
1 ( 4 I
.. 1 , r'. , ' )►oap.a wri '"��►�++.{LC N07s an.n ws�.Ciia►Towt111p,walq.n ,
T4646386.Z�7C ,
4.
' ' ` ' 'k
Oct 01 03 03:21p Burns Properties Inc 409 060-5200
p. 14 I�
I�
5550 Eastex Freeway
Commercial Lease concerning: Beaumont,
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 the 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 daims for any offsets;
. G;: the'then current term of the lease;
H: any: renewal'options;
T : Teh64s possession and acceptance.of the leased premises and improvements;
i J:;. arty ownership interest by Tenant;and
K: any other inform:ation 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 ' :1
after receipt of Tenanes 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
pi+emises to substantially the same condition as before the casualty,W Landlord fails to substantially
restore within the time requited,Tenant may terminate this lease.
C; if the leased premises are more than 50%unusable and Landlord cad substantially;restore the leased.
premises within:120 days after.Tenant notfies Landlord of the casualty, Landlord, may: (1) terminate
jls lease;, or (2) tore the: leased premises to substantially the'same condition as before the,.
j ' If 1,2ind ord chooses to'restore and-does not substantiatly restore the leased premises within
1 i ,
time regt�trdd,Te ant m�y.tofnlrjate this lease. -
D� tl La f Lord tlotifigs T nt that Landlord cannot substantially restore the leased premises within 120
'after 'en nt no Landlord Of the casualty loss, Landlord may: (1) choose not to restore acid
tetttiirtte ti�is lse, (2) choose to store notify Tenant_of the_estimated time to restore,"and give
�nartt;the option tot rminate'this lease by notifying Landlord within)0 days.
E if this lease does not terminate.because of a casualty loss, rent will be reduced from the date Tenant
i• notifies Landlord of tie casualty-loss to the date the-leased.pr6mises are substanti ally restored by ah
amount proportionate to the extent the leased premises are unusable.v
29. CONDEMNATION:if after a condemnation or purchase in lieu of'condemnation the leased premises are 'I
totally unusable for the purposes stated in this lease, this wlll terminate. if after a,eondermatiOn•`
purchase In lieu of condemnation the leased prerruses or-Plorr are paid-111 unusable for the urposes or
of this lease,this lease will continue and n:rrt.wHUbe ireduced.ln an amount proportionate to the extettt tie
leased premises are unusable. Any condemnation award oFJPros irt'peu.ofs3ndednat=wn.ire
t property of Landlord and Tenant has no claim to,such. roeeeds or award.Tenant rriay seek eompensaon
from the condemning authority for its moving expensed and damages 'i:eivdai nYs personal-property
30. ATTORNEYS FEES:An p ng, arty `:arty legal proceeding brought-under or'
i Y person who is a rev; ili
related to:�the,transaction described'in this lease is entitled to
recover-prejudgment'lntetest<reasonable - -
attorney'$fees,and all other casts of litigation from the nonprevalling party.
(TAR 21011 6-7-02. IntBaled Wr.*n n by Tenants: ,acid Landlord•
i Page 12 of 15
1 10.
�!4P"0i°` ' " Re Fani�.G u c�eoas w.rm+4 C4Ron TownN�tpt r t� .,,�eaos,ieoot asps T4616386#X
' ! i
, � ✓ � s i',iy I I , i
, Oct 01 03 03:22P Burns Properties Inc
409 860-5208 P. 15
5550 Eastex Freeway
Commerdal Lease oonceming: aumont
I !
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
l misrepresentation in this lease or in any application for rental, Tenant is in default, Landlord is not aware
any material defect on the Property would affect the health and safety of an ordinary y
}: environmental hazard on or affecting the Property that would affect the health or safety of an ordinary
person,except safety
i
32, BROKERS:
A The'brokers
CC to this lease are: _
Cooperating Broker rns Proverties Ine
License No. Principal Broker
0424819 License No.
Address 6845 Phelan Blvd
Address
Phone
409)866-2308`
'(409)860
Fax Phone
E,-mail ! . ,' } �;,t
E-snail
Cooperating Broker represents Tenant
Principal Broker.(Check only one box);
O represents;Landlord only'.
a represerttsTerlant only. :
f.
C3 is an thtenAed[a'fY b ween Landlord and Tenant.
D {1) Principal Broker's fee will be paid according to:(Check'on/yore fiox).
r °!7 :(a) a'separate 'mitterl comm"
sslon agreement between Principal Broker and:
Q Landlord; C3 Tenant
44 ❑ .{b) the attached Addendum for Broker's Fee.
i1 I L {2j �Coopecating Broker's fee vVi'li be
i ! Paid.acooMing'to:(Check.0*one box).
+:!. paste Written commission agreement between Cooperating Broker and:
O Principal'Broker a Landlord ❑Tenant.
d (b) the attached Addendum for.Brokers Fee.
33. ADDENDA:Incorporated into this-lease are-the addenda, exhibits and other information 1'
Addenda and Exhibit section of the Table of Contents. If Landlord's Rules.and R rttarked in &
of this lease.Tenant agrees to egulations are,made part !3Y.
amend from time to time. comply with Rules and Regulations as Landlord may, at its discretion,
(rAR 2101)6-7-02 Inlffaled for Identificagorr by Tenants:
and Landlord: Page 13 of 15
prodamm VAM tipFUm1"BYRE faAgYl.U.0 1!025 ftUM Mre Rai CU."TVmWVA MNlR 4WX�lM 3noW
T4646MZFx
Oct 01 03 03:23p Burns Properties Inc 409 860-5208 p. 16
I
5550 Eastex Freeway
Commercial Lease eonceming: Beaumont,j l
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. ' II
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
� will enjoy enants that Tenant
y 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.
is �I Time.Time is of the essence The parties require strict compliance with the times for performance.
I,
Broker�ss ate riot qualified to render' .legal advice, property inspections, surveys, engineetin studies
t .• envifohmeatal,assessnerrts tax advice,o�compliance inspections.The g
r+erider.:such Ice's.R � �i,EASE A parties should seek expee�s fo C REFULLY. ff you do not understand the effect of this Leconsult yorney Eigning.
I + j
9
�,tv of Beaumont '
Tenant Landiorci
BY
BY
Printed Wime Date Printed Name` Date
Tide
if Title
gynatrt, �C Landlord
By
t Date y _
i 1 i Qraited;Narrt 'Ad..i
Printed Name ,
a -- -
' Title
I
i t _
I I
7
:y
I
(MR-2161)6-7-02
Page 1501"15
Ile
' I '�" �"� an`1�y NE F«nrN�lLC 1ev25 FiI1Mn 6Ma Rom.ClfMon ToMnt{,,IAldipn�e035,(�i�es�eo6 746g63a6 Lrg
Oct Oi 03 03:23p Burns Properties Inc
409 860-5208 P- 17
1 � I
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LANDLORD'S RULES AND REGULATIONS
USE OF THIS FORM BY PERSONS VMO ARE NOT&VJME"OF THE TEXAS A930Mn M OF REALTORSO 16 NOT AUTHORIZED.
1 OTeaas Assodatim of REALTORS®,hx 2M
REGARDING THE COMMERCIAL LEASE CONCERNING THE LEASED P
i
Free ara ; Beaumont REMfSES AT 5550 Easter
` NOTICE: These rules and regblatians are adopted to maintain and enhance the safety and appearance
Property. Firm time to time sores,at its discretion, may amend these rules and regulations r the purposes
t for which-(fie ."re ado Under the above-referenoed lease,Tenant agrees to comp( with then
#: . ..: y:.:� adopted.
{tt Y e rules and
fileY }amended ,Exceptions or waivers must be authorized by Landlord in
Wilding r writing.
areas,drives, parking areas,and lex in which the leased premises are located, inclusive of any common
A Goods. merchandise
equipment, or any personal:property may not be.stdred on the Pro i
inventory within the leased premises necessary for Tenant's normal business operations; ' except for
i
B. Food Is not permitted on the Property-except for a small amount of food for Tenant's
personal consumption.
C. Other'than those provided by Landlord or specifically authorized by Landlord, no vending machines are
permitted on the Property,
D. The Property maY not be used for lodging or sleeping quarters in any manner.
i� E No animals may be brought or kept oh the Property,
No obstruction or in #haft
terfere6ce Impedes`use of the common-areas,walks, drives, loading areas; parking
areas;condors,hallways,:vesti'b6les,and stairs is permitted on the Property.
' ersons
G P
parting gn the P
rty� must comply with all posted signs and di
recfions regulating the parking
�. i No l tlartrirrable ,
toxi no5ious , or
c r
k : hajaridous materials (nay• be. .kept; on the 'Property
i i -�i"e- liirter leaning r�,atenls kept in enclosed'
pt or cabinets. ex<c�pt for
L` Tenants ni"Wn
g in or out of the r0
Pbrtt!Tsf.use ont}r the..service entrances and service elevator 'd4mn
the move. 1411 moves must be made at brrie> that do not.i;ause:lnconventence in the ngpnal u$6 o� the 1 t
Property, -
�. i �, ; L ;
J. Deliveries and shipping
service pping of goods and i i w:x' mndrse in or out of the Pm - )a'
entrances, service elevators, loads ertY •Mutt be tttatte one through thr ;
Shipments and def vOdGs n9 docks, or other designated shipping and recetiring_areas,
the Property.
must be made at trines that do not cause inoomVerilende to tenant patrons on
- -- -
lC. Leased premises must be kept dean and free of debris. Trash must. be "deposited into appropriate
receptacles.
(TTAAR;210s)6-7.0
lh 409 9& dowien.F 11 t tr.77706 , Page 1 df 2
IWe Ro.a CW"Toftwit,,Uddp;,,,;D,ti,1,,,),p itlt78 T4646396 c
i I
Oct Oa 03 O3:24p $urns Properties Inc
409 860-5208
P- 18
landbrd's Rules and Regulations concerning 5550 Eastex Freeway, Beaumorit, .
L Repair requests must be submitted to Landlord in writing in compliance with the tease.
M. No modification to the Property and leased premises may be made unless authorized by Landlord, in writing,
or permitted by the lease.
N. No illegal or offensive activity is permitted on the Property nor Is any activity that constitutes a nuisance or
interferes with the rights of other tenants.
' O. Unless specifically authorized by Landlord, no solicitation or business operations are permitted in the
common areas.
{ P. Other,
tai
i
d
• � 1
i
r
r _
i
j
Receipt acknowledged by ; I
(T ant)
on
�j
(Date)
(TAR-2108)6-7-02
y',+ Page 2 of 2
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NOTE:: NOT TO $CAtt:
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