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RES 04-056
RESOLUTION NO. 04-056 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 three (3)-year lease agreement with David Derharoutian, EMS Medic 4, for property located at 8155 Phelan Boulevard in the amount of $800 per month. The lease, as described in Exhibit "A," is attached hereto and made a part hereof for all purposes PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of March, 2004. ow lop, - ayor Evelyn M. Lord - LU Ott Oon :Dr. E:.-Ia Derharoutian 05085-1222 26. Jan 2004 15:3:3 S10 r TAN-'rrr20C-d 11=57 AMERICAN RE WEST PARK 409 866 4473 P.03!03 TEXAS ASSOCIATION OF R.FALTORSO COMMERCIAL LEASE ACCEPTANCE FORM USE OF TN*FCAM SY PERSONS W40 ARE NOT MWWM OF THE TDAS ASSOCIATION Of RCALTORSO IS NOT ALI MOPIZEO. ardr rW"GUm d REWORM Inc SM ACCEPTANCE OF THE CEASED PREMISES AT X155 Pllalno,, BgAM%Qnt;. TX _„27706 REGARDING THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES. A. Tenant has Inspected the (eased premises. Tenant acknowledges that Landlord has substantially completed any improvements, construction. repairs, or other work required by the lease.The condition of the leased premises is acceptable to Tenant for the purposes of the lease. On or before Landlord will complete the following(punch fist): If Landlord fails to complete the punch Gst by the time required,Tenant may exercise Tenant's remedies under the default paragraph of the above-referenced lease. B. The parties ratify the lease and confirm the followng: (1) The term of the lease is for —fP—36 months and days. (2) The Commencement Date of the lease is > P.124 L., 1 2004 (3) The Expiration Doty of the lease is ,•w C. Special Provislorm: SIGN HERE ...:::.C2.tV of Beaumont 0 N 0 David Derharoutian . enant Landlord . . .':gy By 11s�a2/2004 Date V Oate Tenant Landlord BY ... By Date Date (TAR-2i 13)6-7-02 Pape 1 of i Ancrim Ttt&1 Estloe 3550 Dower S1c A. Buman1 T7►?7706 PhO44:4 M1669119 Fax:4016644n Kc111 Wnm '1'S?S9061 Yn Po*x W Win AWWm-by RE Ste."W=s~%A t44 C~TawM.LSft*1G'V6.IM 1644 MTAL P.03 ,t t EXHIBIT "A” Uon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:33 S11 JAN-N-20e-4 11:57 AMERICAN RE WEST PARK 409 866 4473 P.re 1/03 410P TEXAS ASSOCIATION OF RFALTURS" COMMERCIAL LANDLORD'S RULES AND REGULATIONS USE OF TM(S Fonts vy r neopa VWO ARE NOT 14,146 A8 OF THE TEXAF.A980CWY10N or aEAi,Tpnrti u NOrAUTHoAVO. 97*rw A. 1*6"of A"LTORW.MIAM REGARDING THE COMMERCIAL LEASE CONCERNING THE LEAH PREMISES AT 8155 Ph©l.ar4 Bea nt Tie 77706 NOTICE; These rules and regulations are adopted to maintain and enhance the safety and appearance of the Property. , Under the above-mferenceb lease, Tenant agrees to comply with these rules end regulations Exceptions or waivers must be authorized by Landlord In writing. 'Property* means the building or complex in which the leeged promises arc located, Inclusive of any common areas,drives.parking areas, and walks. A. Goods, merchandise, equipment, or any personal property may not be stored on the Property, except for inventory within the leased premises necessary for Tenant's normal business operations. S. 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. E. No animals may be brought or kept on the Property. b%J I f-QU AALT F. No obstruction or interference that impedes use of the common areas,walks, drives, loading areas. parking areas.corridors, hallways,vestibules,and stairs is permitted on the Property. G. Persons parking on the Property must comply With all posted signs and directions regulating the parking areas. H. No flammable, toxic, noxious, or hazardous materials may be kept on the Property except for over-the-counter cleaning materials kept in enclosed storage closets or cabinets. I. Tenants moving in or out of the Property must use only the service entrances and service elevators during the move. All moves must be made at limes that do not cause inconvenience in the normal use of tie Property. J. Deliveries and shipping of goods and merchandise in or out of the Property must be made only through the service entrances, service elevators, leading docks, or other designated shipping and receiving areas. Shipments and deliveries must be made at times that do not cause Inconvenience to tenants or patrons on the Property. K. Leased premises must be kept clean and free of debris. Trash must be deposited into appropriate receptacles. (rAR•2108)6-7-02 Page 1 of 2 Amc-ias Real finale HSO Dowen Sic A.Hoaamom Tx 77786 ft".9091"9110 Fax.4099664473 Wi Man"I TS7S9067.2FX ewd�0.+ih atdonn V W R6 W"a w U C taOCeS flash 1/,r non.CrtiM rww.er.a+,aram4arai.awo,x7-oMl li Uon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:33 S12 JAN-26-2004 11:57 Al1ERICW- RE WEST PARK 40g e66 4473 P.F2/0? 6155 Phelan, Beaumont, TX 77706 Landlord's Rules and Regulations concerning L. Repair requests must be submitted to landlord in writing in compliance with the lease. 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 epecificaily authorized by Landlord, no solicitation or business operations are permitted in the common areas. P. ALL IMPROV8MNTS WILL STAY WITH THE PROPERTY 8155 PHLLAN, BEALWORT, TEXAS ZW fj cc _ . ECa EIPT 8Y G NDL D A'PBt - Receipt bcknt wledged by: (Tenant) CITY or B!!+!►t 4on E.K.s. on (Date) (rAR-2108)e4-02 Page 2 of 2 PrGOJ W w1h 2bf.'M-4v RE Formddw.lLC W-35 Eft"MM Rm4 tAmm T--*A#.Uwp j ANN.0001 3=AW9 rse"".PC. Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:34 S13 Y41-26-2004 11151 AMERICO, Ir WEET PARK 409 866 447; P.04/F 400P TEXAS ASSOCIATION OF REALTORS@ COMMERCIAL LEASE ADDENDUM FOR BROKER'S FEE VSE OF T`as F014t BY AER9"VMO ART�40`ri`GuQG:%2 09���M �ASSOCIATION OF RE&TOR9014 40T Nff40q, a ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED LANDLORD AND TENANT CONCERNING THE LEASED PREMISES AT 8166 >?h®lanl Besamont, 7'X 7770E A. Leasing Fees:All leasing fees are earned when the above re arenCed lease is executed. X11 David Derharout:ien _ will pay Principal Broker a leasing fee calculated and payibfe as follows: one-half of such a amount at the time rents to be Landlord a lease nd Ten nt execute thellease and the a remainder on the date the lease commences. (b) %of an base monthly rents to be paid for the term of the lease payable as follows: (c) lotot* the leas- ,ll2 va February 15,2004, 1/2 AUauat_15�2004 (2) will pay Cooperating Broker a leasing fee calculated and payable t3s follows: %of all base monthly rents to be paid for the term of the lease payable as follows: (a) oree ha— such amount at the time Landlord and Tenant execute the lease and the remainder on the date the lease commences. (b) �—%of aK base monthly rents to be osid for the term of the lease payable as follows: B- Renew I a Expansion Fens' if Landlord and Tenant subsequently extend, renew, tha expand Wined, including a new lease for more, less, or dfferent space in the Property earned8d, o managed when the extension. renewal, expansiion ore owSlease execu edThe commen will ces earned and pay whichever is earlier. (t I DOW4 a Dornai71i will pay Principal Broker a renewal fee of x� (a) :L0.000 %of all base monthly rents to be paid for the term of the extension, renewal, expansion, or new lease. ;TAR•21021&7-02 Initieled for Idenffoliod by Ton; and landlord: _ _ Page 1 of 2 Amman Rai Estm]SsoDowen Ste A, amnoetTX 77706 ERti T5759067 ZFX ynne.tMtlN9129 par.. 4t!IW4471 X411iMtnen AGM.W Ac?.MO d,1LC IN%r.*w►W Rad.Comae t"shp,KmpY am.tal?J1 iSbCdA ,t t Von :Dr. `Eida Derharoutian 05085-1222 26. Jan 2004 15:34 S14 `:''-'� tG1�"iS(:•`'�3C,R+),it�,::��:%" %.igq`���.i4*�.' P.1�iBF ld3a►► glic�WekwxFweolrtaltngMS PM'J s►e_11U1W�+nt, ZR_1710s. _. (2) wot D'sy coop rtlttfig Wow a wwall I"of [J ;p) %tf d base(no,**rwo to be Palo for Orr tafm of true atttarmrort,.n:aavvai. AX n,bf rew as". —I (b) ----- C. Ftws in ttt0 ErIMLAAA fie:0,door am*"me lees*t in em ct of oullin any mm 71►nw t tn+tuiaas t!u l+rmed pftm4mml,oo dtfd w any iAertlldlt,Mnw*W,or oxPWAkYA Tenant 601043 to ixrtnMa t w warned pr eAr'av or Property by oral or vRtden sWewmv v option,bwore w O be paid to 6ftiorml*04 W totih below.TM od*V W tees*0 b6 owned at Ve tam L A I0M W Tardn*fftr kft to gVe6rm tot the tale, p1tR'jfU7 .or oorm%r to leased Fardast w PMParly, Oro are MOW at ft t m the"is ar I.sxciu�seclaAS- i vAV p'01t PArv*W Broftr an oddWal tae of �� t.aao it of tM saHs pike fortlte r�cste#ttier. wlU M CaaDtr i eq Wo1Or an eddbMal Aar Q` 16 aFta o dae ptiou for I*P rr3ww (b) o. M ton ntddr th addw dun we Fayible in, deMIr;sen C'mmlJ.T*ftL f reek*d a CROM"ter a---,xr+w MV trantwcit�'on ranted to or�M*2mFfated by I*�ndvr+, such testy Wil be Wow b rw=W Rbm Fm M rpeea t partida sU "m d such prnt"ft- V*Xw and 1vgrt W."resrorams w0aw l's bos. Tf at&W time tong.+ S ..0+ t+aWEF• + OF e OVA VAthqU4 r-effigil;Affiegem J y wu.a Y�f #Sst of Lton= 11Ntatd wndlerd W ;•;•; •.� �ti�R1+�4oe0 v �i����1"�reiyioct+ veto Oeie r W L>Lr�OTd .'.'.'. .'.'. .N+ t7Nt t3abo tin�tiamaa t+rtrktp�ilDrnN6r ' WM } jDlts Yl1t!]Ob -VIM ,,.y�el W�NicJSesxw�nr.e.Raw►srw<.w*vti..a,.rK..+MC w�IV Mm PAS I Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:23 S1 J4126-22W.54 08:52 WEMCP(i R5 41E=' PAN 405 %6 4473 P.e3lr.-, oo t 9-o9 266 �(ln TEXAS ASSOCIATION or RBALTORSO COMMERCIAL LEASE USe Of Tr44 AONM eY P6UONF f"AM NOT►2NleA3Ot'"TlXA$A3WAr.OH Or"ALTORS413 NGTAUtNORIM0. Warne As%Q*WeA of MAL7GW.Inc 3M! Wirr�rrr rlw rrnwrr�r.r r,rWrs�rrw�rrnr Table of Contents No. PaMraph QescriptiRn ,p,_g_. No. earaomph Desorip�Qn PR_ 1. Parties 2 I 22. Holdover 11 2. Leased Premises 2 23. Landlord's Lien&Security Interest ?1 3. Terra 2 24. Assignment and Subletting 11 A. Term 25. Relocation 11 B. Delay of Occupancy 28. Subo dination 11 4. Rent and Expenses 3 27. Estoppel Certificates 12 A. Base Monthly Rent , 28. Casualty Lose 12 8. First Full Month's Rent 29, Condemnation 12 C. Prorated Rent 30. Attameyk Fees 12 0. 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. Retumed Checks 35. Special Provisions 1'd 5. Security Deposit 4 36. Agreement of the Parties 14 6. Taxes 4 7. Utilitwe 4 ADDENDA&EXHit31TSSoheekallAdIm j 8. insurance 5 9. Use and Hours g Exhibit 10. Legal Compliance 6 Exhibit.-.•.r...� 11. Signs 7 Cl Commercial Lease Addendum for Brokers Fee 12. Access By Landlord 7 C] Commerual Lease Experw Reimbursement 13. Move-In Condition 7 Addendum 14. Move-Out Condition 7 Q Commercial Lease Addendum for Extension 15. Maintenance and Repairs B Option A. Cleaning 0 Commercial Lease Addendum for Percentage S. Condition Caused by a Party Rent C. Repair&Maintenance Responsibility 0 Commercial Lease Parking Addendum D. Repair Persons Q Commercial Landlord's Rules and Regulations E. HVAC Service Contract 0 Commercial Lease Guaranty F: 'Common Areas Q Commercial Lease Right of f=irst Refusal G. Notice of Repairs Addendum M. f=ailure to Repair C:k Commercial Lease Addendum for Optional 16. Alterations 9 Spaces 17 Liens 8 1 Commercial Leasehold Construction Addendum El 18. Liaulfty 10 - 19. Indemnity --- - 20. Default 10 21. Abandonmsent, interruption of Utilities, Removal of Property&Lockout 10 (TgR•2101)6-7-02 Initialed for IdenfiitcaGon by Tenants; _ Aanti Lanalnr41 Pa 1 V.7S Arrc(-W Real Eton 1550 Dews+Std A. BrIuMO IX'!M ra3ne.409669129 Fvt taMS4113 Kelti Monte TS�l9Cf:Z b�EYteQ xal:Lpte�n�ti Rt:ieNe!e►MI,U.0![r07i FA+w+Mia rw.a CYO•Ta.rh;a,U•.Jryap+iNSi,.110G Sb.le06 Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:24 S2 mi-26-20e.4 Chi:~G AMER[ck,, RE WEST NRI: 409 $66 4473 TEXAS ASSOCLATiON OF RF.,ALTORSO COMMERCIAL LEASE USE or tNt4 FORM jT pek$OµS vmo ARE NO TUEMMS OF THE TUAS AGSOCIAW44 CF RMTOASS IS Not AUTHOR= oTe M AUftWon d RCWVKs .M.C.NO 1. PARTIES:The parties to this lease are: Tenant: csty o01�..�•sumopc-te-- -�____- ---.. *ae---.-T=om° pQ .Y�.127 ;and Landlord: PAx". Derharrcutiaa P? �t1"i� MO0n-73 -7720¢ :and 2. LEASED PREMSES: A. Landlord logger.to Tenant the following described real property,known ae the"leased premises,"along witfi all its improvements(Cthvck only one box). ❑ (i) Multiple-Tenant Property: Site or Unit Number . containing approximately , square feet of rentable area in - --- - - -- (but�d n9 name) (address)In (ctty1. (county). Texas.which is legally described on attached Exhibit or as follows: (2) ginaleje ant Property:The real property at: e15S Phalan (address)in Saaumont _ rdl y), goffnrsos (county). Texas.which is legally described on attached Exhibit c v; v,�n>9s„g or as follows: „ ... TR 72-A 11V-6 _.S3 B. N 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 works;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 �-ia months and days,commencing on: AS--2004 (Commencement Date) and ending on M _ l ?a�i 7 _(Expiration Date). f (TAR-21.01)6-7-02 Initiated for Identification by Tenants: _... ._. and Lends Pape 2 of 15 yFRE Waoa w r.h YOFtf7�'-M t4 bAigVOt t t.e �67rf rw►a,Yrr w...G.w r.-.w: +.+.w�•wai.1w a1A.tlrei 1-S7$GU7 srX Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:24 S3 JAN-26-2M4 1012A Amepicks K WEST PART' 409 55E 44rR P.CVW 81,55 Phelan Commercial.lease canceming: t3aatunont TR 77706 S. 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 promises, 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 wilt automatically be extended to the date Tenant is able to occupy the Property and the Expiration Dale 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 teased 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 FL On or before the first day of each month during this lease Tenant will p3Y1v Mo45 r, from to $ ; from to 5 from to $ from to $ from S First Full Month's Rent:The first full base monthly rent is due on or before -IKayelt-s.2004 Prorated Rent: If the Commencement Date is on a day other than the firat 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(Chook all that apply.): 0 (1) Commercial Expense Reimbursement Addendum a (2) Commercial Percentage Rent Addendum U (3) commercial Parking Addendum C3 (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:DAVID n UM=1M 4 azacY__,TTW_'1►TP0� 131`,3' �1:y pEDEbST eurnTT CTnio Address: (TAR-2101)a-7.02 tnidaled for Identification by Tenants•—�FRE ,and Laotllord �- Page 3 of 15 r .. r(030 WMLWQM-iy11C?WWAMR.4610=M=114 N14MGV4V?vv,W4%,tilt,""14M,total000%'Ok ?S'1SS067_z1'X , l t Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:25 S4 Jul-c'6-2tk34 ©S 5:' AMERICFV. RE WEFT PAKY; 4A9 W-E 4473 P.e6.,22 9155 Phalan Cewnmrcial Lease ConCaming: I s 17106 F. Method cf Pavment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law ar this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is retumed to Landlord by the Institution on which it was drawn, Landlord after providing written notice to Tenant may requira Tenant to pay subsequent amounts that become dice 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 Charcac if Landlord does not acts-silly receive a rent payment at the designated place of payment within 5 days after tho date it is due, Tenant will pay Landlord a late charge equal to 5`Yo 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 (tot waive Landiord's right to exercise remedies under Paragraph 20. H. Returned Checks; Tenant will pay$2-5,..0p (not to exceed$25)for each cheer. Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment S. SECURITY DEPOSIT: A Upon execution of this lease,Tenant will pay$g00,00 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§83.005, Texas Properly 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. G. TAXES: Unless otherwise agreed by the parties. Landlord wi11 pay all real property ad valorem taxes assessed againut the leased premises. T. UTILMES: ,4 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 a (3) Electric C (4) Gas 0 (5} Telephone 6) Trash Cable 0 (9) All other utilities - e,Mlt/q Q Q (TAR-2101)6-7-02 Initialed ror IdenM mim ty Tenams:_ � ,and Lsndto;W�,_--=- Pap t of 15 RMtCri wM 1wrim"—q,w,WMtN44 UG'r—F tg,w„MM Fend.rk4m Ta ftha I miw Am 0=yi'.aw 7 r75i.0872Fl t .t Uon :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:25 S5 JAN-26-2004 05=53 AA"ERIrW RE LEST PARK 4011 e6S 4473 P.0%-'�' 8155 Phelan Umnefdai Lease concemirg. B.iiUMgnk,_TX 77706. B. The party responsible for the charges under Paragraph 7A witl 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 Teased premises and are adequate for Tenant's intended use. 7. After-Hours HVAC Char es:"HVAC services" means the utility expenses to heat and cool the leased premises. (Check dne box only.) (1) Landlord is obligatad to provide the HVAC services to the leased premises only during the Property's operating hours spacifwd under Paragraph 9C. (2) Landlord will provide the HVAC Servicas to the leased premises during the operating hours specified under Paragraph OC for no additional charge and will, at Tenant's request, provide HVAC services to the leased promises during other hours,for an additional charge of$ per hour. Tenant will pay Landlord the charges under this paragraph Immediately upon receipt of Landlord's invoice. Houdy charges are charged on a half-hour basis. Any partial hour wig be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. (3) Tenant will pay for the HVAC services under this lease. S. INSURANCE: an insurer authorized to operate in Texas: (1) * bility insurance in an amount not less than $9,000,000.00 on an occurrence b naming Landlor additional Insured;and (2) personal prope I mage insurance for Tenant's business operations a tents on the leased premises in an rtmun itdent to replace such contents after a ca s 069. 6. Before the Commencement Date, Tena st provide L d with a copy of the Insurance certificates the required coverage, If the incur erage changes in any manner or degree at any time this lease is in effect,Tenant must, not n ays after thu change,provide Landlord a copy of an insurance certificate ev'ldencin Lange. C. tf Tenant fails to maintai required insurance in full force and effect a es this lease is in effect, Landlord may: (?) purch nsurance that will provide Landlord the same coverage as the requi nC6 and ant must immediately reirnburne Landlord for such expense;or exercise Landlord's remedies under Paragraph 20. D. Unless the parties agree otherwise, Landlord vrip, at Landlord's expense, maintain In full force and effect Insurance for fire and extended coverage in an amount to cover the reasonable replacement cost of the improvements of the Property and public lie irt�urance in an amount that Landlord determines reasonable and appropriate. Ne ,TAR-2101)6-7-02 Initiated for Identification by Tenants: _ Rt and Landlord: _ Page 5 of 98 Fy . Pn4wd w1h ftFan"M RE Fad.He,ut T$739067 LF)G . t Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:26 S6 Two-2F-2 A 0>3 AMITRtCFhr RE WlFiW7 PARK 409 %S 44'73 F M/0� 8155 Phelan Gor„nercial Lcec.0 concerning: Beaumont TTt 7770ti�_ E. If thAra is an Increase in Landlords insurance premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the Increase immediately after Landlord notifies Tenant of the inorease. Any chargc to Tenant under this Paragraph 817 will ba equal to the actual amount of the increase in Landlord's insurance premium.GAIXs-wo P�Y'T�iilAi.lT� LA* OF —r4i:5— G17 101 7Y1 tS� 9. USE AND HOURS: A. Tenant may use the leased premises for the followi-lg purywse and no other: eergtncy Med4sa1_ V ev ot� B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours than are typical of the industry in which Tenant represents it operates. O The Pro maintains o rat�iog,ho�r�x of sec�,V hours oa's of we k., rid If inclusive ore fusiye of weekend and holidays): �U � 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. govremmental order, owners' association rules, tenants' association rules, Landlord's rules or requiations, or this lease; (4) any.hazardous activity that would require any insurance premium on t:e 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 fiimibed to those laws related to air quality, water quality, hazardous materals, wastewater, waste disposal. air emissions,or other environmental matters; (6) the permanent or temporary storage of any hazardous material:or (7) R. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or ail 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. G. Landlord does not represent or warrard that the leased premises or Property conform to applicable •restrictions; zoning ordnances, setback tines, pa'rng requirements, impervious ground cover ratio requirements,and other matters that may relate to Tenant's intended use.Tgnent mug,safYsfv itsplf that the le emir be used as Tenant int in derttly Irtvestiga h-4 all matte, related to he usr, gf ft leased--Mmifts or Propertv. rees that it is not re(AM-on any warm , or pre etion or d' n br nce ing the use of the_teased lyre Isr�ea or Marty, ,MAR-210l)6-7-02 initialed for ldantirrw on by Tenants __ � ,er+d Land) � Page Q of is rraLewwA�RaroybvNQFO++.►�llC1 4=01n4.KM*KuatwMnnrwrons.A04M4W3 757MVZFX , l t Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:28 S1 1i J- -20E3 Ifl:r4 tahIERICAN RE 41EST PAP.l; 409 e66 4443 P.09,,22 8155 Phalan Qxtimerrial Lease cvnceming: ea B_ +_x..77706 - 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. 8. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order rotating to signs on the leased premises, or Property. Landlord may temporarily remove any authorized sign to cornOete 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 end 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 Tenants normal business hour€, Landlord may enter the leased premises for any reasonable purpose. including but not limited to porposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purc hamrs. Landlord may access the leased promises after Tenant's normal business hours if. (1)entry is made with Tenant's permission; or(Z) entry is necessary to complete emergency repairs. Landlord will not unreasonably interftre with Tenant's business operations when accessing the leased premises B. During the last 30 days of this lease, Landlord may place a"For Lease`or similarly worded sign in the leased premises. 13.MOVE-IN CONDITION. Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease. Landlord and any agent have made no express or implied-warranties s to the_condition Pr rprmi d use of the leased premises or Property. 14.MOVE-OUT CONDITION AND FORFEITURE OF TENANTS PERSONAL PROPERTY- A At the time this tease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant wili leave the leased premises in a dean,condition free of all trash, debris,personal property,hazardous materials,and environmental contaminants. S. If Tenant leaves any personal property In the leased premises after Tenant surrenders possession of the leased premises, Landlord may. (t) require Tenant, at Tenant's expense, to remove the persona! property by providing written notice to Tenant, or(2) retain such personal property as forfeited property to Landlord. C. "Surrender"mans vacating the leased premises and returning all keys and access devices to Lardiord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident: or abuse.. D. By providing written notice to Tenant before this least: ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises. any Of oil fixtures that Were placed on the Property ad premises by or at the request of Tenant.Any fixtures that Landlord does not require Tenant t become the property of the Landlord and trust be surrendered to Landlord at the time this lea on `. (TAR-21ol)6-7-02 Initialed for IdentAcation by Tenants: and Pege 7 of 15 ERf� aorx+y ww any er Par�rbi,LL ieor�trio„M a Rise Ctnaun Tornhq.twcr�Can 4x5 teem�aseees T57S90V#,FX t Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:29 S2 ION-26-2024 05:54 AMERLCRN' RE WEST PWK 409 e& .1411 P.1t 2,? 8155 Pholan Commercial Lease concerning: Egggueaont� �?]�77706 -------�- 15.MAINTENANCE AND REPAIK. A. I nib : Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. Q Landlord M Tenant will provide, at its expense, janitorial services to the leased premises that are alatornary and ordinary for the Property type. B. Repairs of Conditions Cay> d bar_ � Each parry must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or &tat party's guests, patrons, invitees. contractors or permitted subtenants. C. Rsoair and Mainlonance BMMgjiLift, Except ss provided by Paragrapn 15B, the patty designated Wow. at its expense. is responsible to maintain and repair the following specified items in the leased premises. The specified items must be maintained In dean and good operable condition, tf a governmental regulation or order requires a modification to any of the specified items, the party designated to maintain:the item must complete and Day the expense of the modification. The specified items include and relate only to real property in the leased promises.Tenant Is responsible for the repair and maintenance of its personal property. (Check aB tha`apply+.) ant N6 Lffldlotd(1) Foundation.exterior walls, roof,and other structural components p ls] iJ (2) Glass and windows D O (3) Fire protection equipment and fire sprinKter systems ❑ O IQ (4) Exterior & overhead doors, including closure devices, molding ❑ O locks, and hardWere (5) Grounds maintenance, Inciuding landscaping and ground J p Q sprinklers (6) Interior doors, including closure devices, fames, molding. locks, d O q and hardware (') Parking areas and walke ❑ ❑ O (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(HVAQ systems 0 ■ (10) Signs �lighting; (a) ❑ O x (b) Facia ❑ O O (a) Monument ❑ Q (d) Door/Suite ❑ d (11) Extermination and pest controS,excluding wood-destroying insects p ❑ D (12) Storage yards and storage buildings ❑C1 p O (13) Wood-destroying insect treatment and repairs (14) Crares and relalted systems ❑ ❑ ❑ W 11.t� (17) All other items and systems. ❑ a D. Repair Persons: Repairs must be completed by trained.qualified,and insured repair parsons. %*ITS! (r.AR•2*01)f-742 Initialed for IdsntftWion by Terznts: _.�tE. _ .and Landis . Page a of IS PMVA"WV1 ZW"N*r;W rWO".UA 11MA•'Aow wo 1104 eiirtm Tw-w lilies dam.(OOD13**a r57$11Oe.ZF% • t . t Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:29 S3 .1141 Gu r_ue4 air,.�� ►111EK1t.'N< 1�1` WEST N'Pk, 409 665 44 73 P.]t<« 8155 Phelan COmmefCi2l Lease czrcwrnin8: Haawno-st,__TZ., 777Q6 M.... E HVAC Service Qgstract: if Tenant maintains the HVAC system under Paragraph 150(9), TenantM is �71s not required to maintain, at it$expense. a regularly scheduled maintenance and service contract For the HVAC system. The maintenance and service contract must be purchased From a WAC 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 ir the Property in a manner as Landlord Tfe—rrnineW to be in the beat 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 charge does not materially Impair Tenant's use and access to the leased premises. Tenant has the non-occlusive 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. Native 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 Fee in writing. li. Failure to Repair.Landlord must make a repair for which Landlord is responsible within a reasonable period of time attar Tenant provides Landlord written notice of the needed repair. N Tenant falls to repair or maintain an item for which Tenant Is rosponcible 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(1)exercise Landlord's remedies under Paragraph 28. 1s. ALTERATIONS: A. Tenant may not alter,improve,or add to the Property or the leased premises without Landlord's written con+¢ont. Landlord will not unroasonabiy withhold consent for the Tenant to make reasonable non-structural alterations,modituations, or impr„vamentC to the leased promises. 8. Tenant may not Biter any locks or any security devices on the Property or the leased premises without Landlord's consent. if L.anolord authorizes the changing, addl6on, or rekeying of ary locks or other security devices,Tenant must Immediately deliver the new keys and access devices to Landlord. C. I(a govern mental order requires alteration or modification to the leased premises,the party obligated to maintain and repair the Rem to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order. 0. Any *iterations, improvements, tWu.ms or additions to the Property or leased premises installed by either party during the term of this lease wilt 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 i 1 or 14 or if the parties agree otherwise In writing, 17. UENS: Tenant may not do anything that Wit cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be fled 99Wnst the Property or leased premises. Tenant will within 20 days alter receipt of Landlord's demand: (1)pay the fen and have the lien released of record; or(2)take action to discharge the lien.Tana_r�t*rtit provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. %N1 tf, (TAR.2101)S7-02 Initwou for idenificatior,by Tenants._._� ,and Landror . Page 9 of is tr7tl17Ci4 MItiI Z'pFrnr.••SV NE VMMW LL"W$Ph""Mi•%W.r.irAW-r*WW*, 4434.*441IA3 0% TS7SOOd�.IFX Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:30 S4 r' +-L' LLX+`+ 11.el NI`ERIC N kE t EST PAR 409 866 4473 P.0d/F1 Cornmerda;Lease oonceming: piss Phelan 18, LIABILrrY;To t rmittod 2Wron u Ste or' v' for an andlard s N T onsibl Tenant Tena t' em lo in'uri ar to s t on r A. an a o art ian or Ie f, Ten t fienant' patfons am es ' ea or �' ""-` the enani's uest ant's r tanan i en ^'"to'° r is B. fire fl wale e s theft In r snow ail w ex lesion srn k ° ur r sit I ult v ndalls h rson envi o strike in erru do of utili les corrtamin nts o 1g INDEMNITY. Ea i)1 ' Pro art actin iff ma as th her art h 1 s ram n ro i?a3rona a rA r loss I' en or o °f airs or ® to th lases a ---�,Sl,.Or- i_nvite� i b th t an m+ 20. DEFAULT; s to ee A- If Landlord fails to comply with this lease within 30 days after Tenant fauure to comely. Lartxilord will be in default and Tenant may seek an otifies Landlord of Landlord's however, Landlords non-compliance reasonably requires more than 30 days to cure. be in default If the Y provided by IaMr, If.ro Cure cOmn7enced within the 30-dsy period and diil gently Landlord will not 8. if Landlord does not acwall g Y Pursued. within S era y receive at the place daslgmated for payment any tent due under this lease ya after it is due, Tenant will be in default ff Tenant fails to com efg reason within 70 day6 after Landlord nOtifips Tenant of Its faiturg to com default. PIY weft this lease for any Ply. Tenant will be In C If Tenant is in default. Landlord May: � , Providing Tenant with at least 3 days rt�)irT' er notice, and (It) acoe(erate all rents whed erlants right to occupy the leased Premises by during the remainder of this kale or any renewal peri attempt to mitigate any damage or loss caused by Tenant's breach bnasce or demand andlorrdawjj means. If Tenant is In default, Tenant will be gable far. (y) any kit rent; Y using commercially reasonable (z) Landlord's cost of rete(jiny the leased premises, including brokerage fees. advertising other fees necessaly to relet the leased premises; ng lees, and (3) repairs to the leased promises for use beyond normal wear and tear, (4) r Landlord's Cps associated With eviction of Tenant, such as attorney's foes, court costs, an prejudgment interest; and (5) all Landlord's casts associated with collection of rent such as collection fees, Date charges, and rOWmed check charges; (6) cost Of removing any of Tenant's equipment or fixtures left on the leased premises or property; (7) coat to remOVO any trash, debrig, personal property, contaminants left by Tenant or Tenant's employees, hazardous materials, or environmental premises or Property; Patrons, guests, or invitees in the leased (8) cost to replace any unretumed kayo or access devices to the teased premises, perking areas. or Property; (8) any other recovery to which Landlora may be entitled under this lease or under law. 21. ABANDONMENT, INTERRUt MOM OF UTILITIES, REMOVAL. OF PROPERTY, AND LOCKOUT, Chapter 83 of the Texas property Code governs UT, abandonment of the leased premises;(b)intvrru 7RIE7- nd obligations of the parties with regard to: (a) "lack-our'of Tenant 'titles; (c)removal of Tenant's ro P forty; and (d) (TAR-2101)6.7.02 buta►cd for Idenbfcat►on by Trnanb: -� ,and Landlo Pago 10 of 15 o wn 710Fann ay M .aw,uc. ,rAW M.w wrap,CV4M TV...Me*. Ma,Oft an.ute r3759061.ZFX l Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:30 S5 J HV`dh-l{ r11 71 t N'f At 19A M hE LIEZT P*K 409 866 4473 P.05/06 Commeraer Lease concerning: a 55 �°lan Ao 777 6 22. HOLDOVER:If Tenant tails to vacate the leasa3d premis®s at the ti a t®Want-at�wiH end must vacate the leased premise; imine~diatel upon . I holding over b T this lease ends, Tenant Will become Y Tenant, wkh or without the cones y receipt of demand fro n< of Landlord, will axtand this from Landlord. any holdover period A 11 W 2'times the b basis and will be immediately due and payabb dOon wlr�haut�afi�e ar demand, Rent for Y additional rent calculated on a daily T nt is to is lemm r trz Fil 5 le&Sa IS r50 I r0 rt AsS1t3Nl{A�NT AND S „ , th urpcses of the 24, UBLETTING. Property. Tenant may landlord may assign this lease to any subs written consent An ass nrtt of this lease ar Sublet tin n subsequent o consent is voidable Y part le the leased premises without Landlord'& oidable by Landlord. If Tenant of the leased premises without Landlord's written Ten nt errant assigns th13 lease or sublets an sublease iUsl made nwi"a leYViti10ll Of 0 nra obligations under this lease r y part of the ,eased premises, consent Of Landlord, egardless if the assignment or 25. RELOCATION: V A. BY providing Tenant with not Isrs than 80 days to relocate to another location in the property. advanced written notice, Landlord may than the teased premises then oc Y. provided that the other location is y inquire Tenant Landlord will pay Tenant's reasonable en O cupied by Tenant and contains similar leasehold m size or larger "Movie expenses" out-ot pocket moving expenses far moving to the o hey ements. connection and dsConn etion fe s wiring companies for Payable to professional movers, utility companies equipment required by the relocation and connecting and disconnect, ityT panies for business cants A rat � Arinting companies For re � enanYs office then in acaacm of Tenant wi7i not change or effect an her pro Tenant's stationary and stx, including rent and reimbursement amounts, except other a des of this It that Jr. unit number wlti automatically be amended. that the description of the suite or 8t. Landlord rrray not reQU,r' Tenant to relocate to another location in consent. the Proporty without Tenant's prior 26. SUsORDINATIgN: A_ This lease and Tenant's leasehold interest are and Will be su ' (1) any lien, encumbrance. or ground lease now or hereafter placed an the and In a iorto: Property that Landlord authorizes; (2) all advances made under any such lien,enCUMbrance or ground lease; promises or the (3) the interest payable on any such lien or encumbrance; (4) any and all re+tewals and extensions of any such lien,s^curnbranoe,or restrictive covenant(g) ate rights of ny owners,a c a(on affecting the FNemisex or the Property: bate; leased premises and p ises or property, t3• Tenant must, on demand, execute a su�dir+ation, attornment, end non-disturbance Landlord may requGst that Tenant execute a z9ftment that this 10020 and TenanI ri , Provided that such agreement is made on the condition that 9hta under this lease are recognized by the lien-holder. . 4t (TAR-2101)6.7.02 InAtaled for identification by Tenants: and LandjardF� �� Page 11 of 1s Neeuc�wN LrPr,. F&M MW A"t Cj4,W Tar.q,p.NW,"A Yogi,peer M.&IM T575+067.2rx t , l Von :Dr. Eida Derharoutian 05095-1222 26. Jan 2004 15:31 S6 j41-A-2W4 11:ed, AI.IERIUN RE NEST PARK 409 666 4473 P.e6/06 CommOrdfll lease con cerntri9; 8155 Phelan T 777 e and deliv A. any er to Landlord an the then curve the tease; estoppel certncate that identifies; f 6. C. the data the noxt rent aYment and rent Schedule; D. any advance rent a is dua; E. the amount Of the�ritytdeposit, F• *Ply claims for any Offsets: G. the then current form of the lease; H. any renewal options; I. Tenant's possession and Acceptance of the IAaaed premises and improvements; J. any owner, Interest hip intst by Tenant; end 2E. CASUALTY Loss: A. Tenant must immediately notif y Landlord of any casualty after receipt of Tenant's notice of a Y ass in the leased premises Within 20 days 1090 than or more than casualty loss, Landlord w111 notify Tenant If the leased Premises reStore the leased promisor.whi Unusable,�°n a per square fart basis, and if Landlord can substial y p Ys after Tenant notiries Landlord of the casualty loss. B. If the leased in 120 g$ aro less than 50% unusable and Landlord can substantia Premises within 120 days after Tenant notir+es l endlord of the casualty, Landlord wilt restor Premises to substarrttelty the same condition as before the casuals , Ny restore the leased ro8tor8 within the time required, Tenant may terminate Y Landlord fails to ubt;tarha!!y C If the [eased premises are more than 506 unusable this Jesse. Promises within 120 days after Tenant notmer Landlord of the casua and Landlord can substantial( rest this tease; or 2 restore y are the leased casualty,if Landlord ch the leased premises to substantially the�samencondition rd may: (1) terminate the time re i ° to restore and does not substantially before the 4v red, Tenant may terminate this lease. Y restore the leased premises within D. If landlord notifies Tenant that Landlord cannot substantially restore the tease days after Tenant nodfios landlord of the terminate this ledce; ar 2 casualty loss. Landlord may (1) choosernat to r ore and Tenant the nation to terntriate choose to restore �tity Tenant of the estimated time to resters, and give E. If this lease dose not terminate Y tf�►tnp Landlord within iQ days. natrfies Landlord of the casuaky 1 to the date the Jesse'lass, rent will be reduced from the date Tenant amount Proportionafe to the extent the teased ed premises are substantial) 29• CONDEMNATION:If after a Premises are unusable. Y restored by an totally unusable for the condemnation ton or purchase In lieu of condemnation the leased rend Purchase in lieu of condenmoatan the a in this lease, thi Pr p sea are ease will terminate. if alter a condemnation or of this lease,this lease will came and rent will bo °� are partially unusable for the purposes )seised premlcas are unusable. A reduced in an amount proportionate to th0 extent the property of Landlord and Tenant has�Im totsucf?ward or from the Proceeds in lieu of condemnation are the �0ndemning authority for its movi proCevds or award. Tenant may seek compensation n9 expenses and damages to FLE8:A 30. AT7'OaN�Y�g rt Tenant'*personal properly. related to the Y person who t8 a transaction described in this teas�jr rtY in any legal proceeding brought under or attoMOYS fees,and 211 other costa of liGgagpn f d to recover re valll Prejudgment interest, reasonable (7i1R•2101)6.7� n9 party, Initialed for rdentfieatian by Tenants: and landtor - Page 12 of 13 FRti to �t06uG�o WNH jlpFp�gt oy qE fM11 MVM,LtC 1b}i FprM Mw Nr/CYrMCn ra1.ry}yd,y#,� rim MfiMOi Ys�s9a�9.2r7, TOTPL. P.06 . 1 Von :Dr, Eida Derharoutian 05085-1222 26. Jan 2004 15:31 S7 tHV�16-fit 11iDU AFMIdAN RE WEST PPRK 409 v66 4473 P.01/05 $155 Phelan Commoraal Lease concerning: Beaumont, TX 77706 31. REPRESENTATIONS:Tenants atatements in this lease and any application for rental are material representations relled upon by Landlord. Each party signing this lease represents that he or she is of legal ego to enter Into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, oxcept: _ 32. BROKERS: A. The brokers to this lease are: RICJiIT ftEAI. E9TA�$ Cooperabno Broker Ucenee No" Broker Lioense No. Address 3550 Rgwx!M-- AoAn_ FIZxAT OIdT TX Addrecs 1408)865-9129 (4)61866-4473 Phone Fax Phone Fax wwW.111!�grt�auYOFnT.L"1�'�7►TL C6M E-mail E-mail Cooperating Broker represents Tenant. Principal Broker.(Check only one box) O represents Landlord only, U representaTenant only. O Is an intermediary between Landlord and Tenant. B. Fass: O (1) Principal Broker's fee will be paid according to: (Check only one box). O (a) a separate written oomrrrission agreement between Principal Broker and: Q Landlord Q Tenant. (b) the attached Addendum for Broker's Fee. , O (2) Cooperating Broker'4 fee Will be paid according to: (Check only one box). O (a) a separate written commisslon reement between Cooperating Broker end: O Pdndpaf Broker O Landlord]Tenant O (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 Co t Landlord's Rules and Regulations are made part of this lease. Tenant agrees to comply with the Regulations as Lanolord May, at (-AR-2101)9-7.02 Inkoded tar Identification by Tenants: A and Landlo e _, Page 13 of 15 P&UW v tl ZW&M h Cl rtt!ft"MK LLG IWO rom mo t"M Gil M Trnnav,H...�.• , l t Von :Dr. Eida Derharoutian 05085-1222 26. Jan 2004 15:32 se JPN-26-2004 11:50 AMERICAN RE WEST PRP,K 409 866 4473 P.Ori0 0156 Phalan GommerdalL6aseconcomin9: 8e�ymQnt,'.T _77706 34. NOTICES: Alt notioes under this lease must be in writing and are effective when hand-dellvered, sent by mail, or sent by facsimile transmission to: Tenant at the leased premises, and a copy to:City of Beaumont Address: O Dq� 3A527 Phone: 1409)1164 __ - 3'155 —Pax. ,(409)"'""�—^ — $Bo -?,s-j47 Landlord at: David Darha.routian Address: 17214 Strattord argon Dr ,._r.._ Sugjr Land, Tsxa• 77478-737 Phone: (7131251-6559 Fax, -- --and a copy to: yid DgrharQmt_iAri_ _ Address:a-mail david.derharoutiar jonl ing,do _ Phone:Qii-495-141980006 Far. _(njM5-14196x006 �. SP CIAL PROVISIONS. ' le e ALL IKPR0VrJ=NT3 TO PROPERTY, e155 PHEIAN, BEAUMONT, THE 77706 WILL STAY WITH PROPXRTT. HONTIMY PXXT5 ARE To BE MAII.i<D To: 9TACT TYNATER BRAMIMT ARIA EDUCATORS tt'EDERAL CREDIT UNION P.O. box 151 EZAUMONT, TBXna 7770$ 36. AGREEMENT OF PARTIES: A. Entire Agrije nt.This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. QjriclingEffec t. This lease is binding upon and inures to the benefit of the parties and their respective heirs,executor:, 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 or. any one or more of the Tenants regarding any term of this lease. Its renewal, or its termination is binding on all Tenants, D. Controllina Law: The laws of the state of% govern the interpretation, performance, and enforcement of this lease. (TM•2101)6-7-02 InitialAd for Identifica6nn by Tenants: and t_aMlo>d: ~` Page 14x415 andAW wft ZVOZOMa BY REFWM$fW uC IM PdW UA raa.nerta IN=@.KWrPft 9—.t-1-.-..ee rvroa r srx t Von :Dr. Eida Derharoutian 05095-1222 26. Jan 2004 15:32 S9 y JAN-26-21W4 11:51 A14ERIrAIv RE NEST PARK 409 866 d1T P.P-3/ 5 8155 Phelan Co.nrneraal Lease concerrang: aHaumont, TX 77 Q6 _. E. Severable Clauses: It 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. O. Quiet Eniovment: Provided that Tenant ie 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 Majeure: If Landlord's performance of a term in this lease is delayed by strike, iock-out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlords performance will be abated until after the dolay. I. I=: Time is,of the essence.The parties require strict compliance with the times for performance. SIGN Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, N E R E environmental asseaaments,tax advice,or compliance inspections. The parties should seek experts to render such servioea. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, ••epnsult your attorney BEFORE signing. .•C'ity of MAIAMont XCt-s- David t)erharautian . . . . . .Tenant Landlord ` By 01-/21/2004 8 r` o�� ;��rF► '9S/ZI 2004 Date Date Printed Nam LE Printed Name Title Title Tenant Landlord By By Date Date Printed Name Printed Name Title Title (TAR-2101)tr7.02 Page 15 of 15 rnd„e�dvgnZaFum��,RE Feanttin L;C ilOI5 Fd!W+WI�Roc,e.aru row p,,,pgyp�«o»,taocV aa aeua TOS1007.2EX . t PROPOSED LOCATION: 8155 PHELAN BLVD. CZ LiT ge I F-7 :8155-Phelan div' d, Eieaumont, TX 77706 a art ) art F 3t= a ___ _=� e &D III L 1A j. so �1C - - CID TC-- --i