Exhibit 10.21
FAX MEMORANDUM
SHARP & ASSOCIATES, INC.
0000 XXXX XXX., XXXXX 000
XXXXXXX, XXXXX 00000
(000) 000-0000 FAX(713) 000-0000
TO: Xxxx Xxxxxx, President
Faithwalk
FAX# (000)000-0000
FROM: Xxxx Xxxxx
Property Manager and Agent for Landlord
PAGES: 1 including this cover page
RE: New Lease at Bareley Land
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The Landlord has tentatively approved a new lease at the following rents:
Term: April 1, 2001 - July 31, 2002 (16 months; 4 of which have already passed)
April, 2001 - July, 2001 (4 months):
Base Rent $4,950.00
Estm. C.A.M. $ 330.00
Estm. Water $ 60.00
---------
Gross per month $5,340.00
August, 2001 - July 31, 2002 (12 months)
Base rent $5,775.00
Estm. C.A.M. $ 330.00
Estm. Water $ 60.00
---------
Gross per month $6,165.00
(C.A.M. and Water are estimates and Tenant shall be invoiced at the end of each
calender year for any underpayment, or credited if Tenant overpaid for the
calendar year. See the Lease for details.)
Prease give me a call on Monday to discuss this proposal.
SHARP & ASSOCIATES, INC.
0000 XXXX XXX., XXXXX 000
XXXXXXX, XXXXX 00000
(000) 000-0000
FAX (000) 000-0000
May 17, 2001
Xxxx Xxxxxxx Xxxxxx
FAITH WALK DESIGNS
00000 Xxxxxxx Xxxx, Xxxxx "X"
Xxxxxxx, Xxxxx 00000
RE: SHEPHERD TURK, INC.
00000 XXXXXXX XXXX, XXXXX "D"
Dear Xx. Xxxxxx:
Enclosed please find, for your review and signature, four (4) REVISED duplicate
original OFFICE/WAREHOUSE LEASE AGREEMENTS for the referenced lease space,
wherein the lease Term is extended for sixteen (16) months commencing April 1,
2001 and expiring July 31, 2002. A breakdown of the amended monthly rental
payments is as follows:
APRIL, 2001 - JULY, 2001 AUGUST, 2001 - JULY, 2001
$4,950.00 Monthly Base Rent $5,775.00 Monthly Base Rent
$ 330.00 Monthly CAM $ 330.00 Monthly CAM
$ 60.00 Monthly Water $ 60.00 Monthly Water
--------- ---------
$5,340.00 TOTAL PAYMENT $6,165.00 TOTAL PAYMENT
If the terms meet with your approval, pleases sign, date below your signature
on page 8 only insert your social security number and Texas Driver's license
number in the spaces provided on page 8, and return three (3) Agreements to me
with your check payable to SHEPHERD TURK, INC. in the amount of $3,765.00, the
balance of your required Security Deposit ($6,165.00 less $2,400.00 transferred
from a previous lease).
Once approved by the Lessor, I will forward on: (1) fully executed Lease to
you, for your files.
Please do not hesitate to call me should you have any questions concerning this
matter.
Sincerely
/s/ X. X. Xxxxx, Xx.
X. X. Xxxxx, Xx.
President
Agent for Owner/Lessor
enclosures
OFFICE/WAREHOUSE LEASE AGREEMENT
STATE OF TEXAS )
COUNTY OF XXXXXX )
This Office/Warehouse Lease Agreement ("Lease") is entered into as of the
______day of________________, 2001, by and between the Lessor and the Lessee
hereinafter named.
1. LESSOR AND LESSEE:
(a) Lessor: SHEPHERD TURK INC.
c/o Sharp & Associates, Inc.
(b) Lessor's Address: 0000 Xxxx Xxxxxxx, Xxxxx 000
Xxxxxxx, Xxxxx 00000
(c) Lessee: FAITH WALK DESIGNS
(d) Lessee's Guarantor:
(e) Lessee's Address:
(i) At the Demised
Premises 00000 Xxxxxxx Xxxx. Xxxxx "X"
Xxxxxxx, Xxxxx 00000
(ii) For Notices 00000 Xxxxxxxx
Xxxxxxx, Xxxxx 00000 or to the
"Demised Premises"
(f) Lessee's Taxpayer
Identification Number
or Social Security
Number: Tax ID# 2-460-82-6644-1
Lessee's Emergency
Phone No.: (0) 281/469-9355 (E) 281/955-5424
(g) Lessee's Trade Name: FAITH WALK DESIGNS
(h) Additional Charges: All rental and other amounts payable under this
Lease by Lessee, other than Minimum Guaranteed Rental and
Percentage Rental.
(i) Uniform Commercial Code - Financing Statement Filing Fee: Filing
fee of $0.00 is payable upon execution of this lease.
2. DEMISED PREMISES: Approximately 16,500 square feet of space in the
Office/Warehouse and being the space circumscribed by red lines on the
Site Plan. Lessee acknowledges that in determining the number of square
feel of space in the Demised Premises, all distances have been measured
from the exterior face of all exterior walls and the center of all
partition walls which separate the Demised Premises from any interior
area.
THE SUBMISSION OF THIS LEASE FOR EXAMINATION BY LESSEE AND/OR EXECUTION THEREOF
BY LESSEE DOES NOT CONSTITUTE A RESERVATION OF OR OPTION FOR THE LEASED
PREMISES AND THIS LEASE SHALL BECOME EFFECTIVE ONLY UPON EXECUTION BY ALL
PARTIES HERETO AND DELIVERY OF A FULLY EXECUTED COUNTERPART HEREOF BY LESSOR TO
LESSEE.
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3. TERM: In consideration of the obligation of Lessee to pay rent as herein
provided and perform Lessee's obligations performable by Lessee under the
provisions of this Lease, and in consideration of the other terms,
covenants and conditions hereof, Lessor hereby demises and leases to
Lessee, and Lessor hereby takes from Lessor the demised premises. TO HAVE
AND TO HOLD the Demised Premises for the Lease Term all upon the terms
and conditions set forth in this Lease. Lessor further agrees that if
Lessee shall perform all of the covenants and agreements herein required
to be performed by Lease, Lessee shall, subject to the terms of this
Lease, at all times during the continuance of this Lease have peaceful
and quiet possession of the Demised Premises
(a) Commencement Date: April 1, 2001
(b) Expiration Date: July 31, 2002
(c) Term: In the case of the first Lease Year, the period beginning on
the Commencement Date and ending on the last day of the twelfth
(12th) full calendar month after the Commencement Date. Such first
Lease Year shall include the partial month, if any, at the
commencement of the Lease Term if the Lease Term does not commence
on the first (1st) day of the a calendar month. Each subsequent
Lease Year shall he the period of twelve (12) full calendar months
commencing with the date following the last day of the preceding
Lease Year and ending on the last day of the twelfth (12th) full
calendar month thereafter.
(d) Office/Warehouse: 10825 Barely Lane, a commercial office/warehouse
consisting of the existing and future buildings, parking area,
sidewalks, service areas and other improvements now existing or
hereafter erected on the land located in Xxxxxx County, Texas, more
particularly described in Exhibit "A" attached hereto and made apart
hereof for all purposes.
(c) Site Plan: The map outlining the Office/warhouse and showing the
Demised Premises in relation thereto, attached hereto as Exhibit
"B" and made a part hereof for all purposes.
4. RENTAL: $89,100.00 payable in advance in monthly installments of
$4,950.00 per month for months April, 2001 - July, 2001 and
$5,775.00 per month for months August, 2001 through July 31,
2002. The first such installment shall be due and payable on
or before the Commencement Date and subsquent installments
shall be payable on the first day of each succeeding
calendar month of the term of this Lease, along with the
$60.00 per month water utilization charge and the $330.00
per month Area Maintenance charge.
(a) Prepaid Rental: $5,340.00 being Rental and Lessee's Share of Water
and Common Area Maintenance Charges for the first 1st month(s) of
the Lease Term and -0- Uniform Commercial Code -Financing Statement
Filing Fee.
(b) Security Deposit: Lessee shall deposit with Lessor upon execution
hereof $6,165.00 ($2,400.00 transferred form prior lease) as
security for Lessee's faithful performance of Lessee's obligations
hereunder. If Lessee fails to pay rent or other charges due
hereunder, or otherwise defaults with respect to any provision of
this Lease, Lessor may use, apply or retain all or any part of the
deposit for the payment of any rent or other charge in default or
for the payment of any other sum to which Lessor may become
obligated by reason of Lessee's default, or to compensate Lessor for
any loss or damage which Lessor may suffer thereby. If Lessor so
uses or applies all or any portion of the deposit, Lessee shall
within ten (10) days after written demand therefor deposit cash with
Lessor in an amount sufficient to restore said deposit to the full
amount hereinabove stated and Lessee's failure to do so shall be a
material breach of this Lease Agreement. Lessor shall not be
required to keep the deposit separate from its general accounts. If
Lessee performs all of Lessee's obligations hereunder, said deposit,
or so much thereof as has not theretofore been applied by Lessor,
shall be returned, without payment of interest or any other
increment for its use, to Lessee upon his written request and
subject to the following conditions:
A. The full term of the Lease, including any renewals or
extension periods, has expired;
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B. At the time of move out all rent must be paid in full through
the Lease Term (renewals and extensions included). THE DEPOSIT
MAY NOT BE APPLIED TO RENT DUE AT MOVE OUT;
C. Lessee has surrendered the Demised Premises without eviction;
D. Lessee does not "hold over" at the end of the term;
E. LESSEE LEAVES HIS FORWARDING ADDRESS WITH LESSOR;
F. Lessee surrenders all keys to all locks on the Demised
Promises.
(c) Late Charges and Returned Check Fees: All rent herein agreed to be
paid by Lessee shall be payable at Lessor's office at 6909 Xxxxxxxx,
Suite 200 in Houston, Texas, or such other place as may hereafter be
designated in writing by Lessor. In the event Lessee fails to pay to
Lessor when due any installment of rental or other sum which may
become due hereunder, Lessor will incur additional expenses in an
amount not readily ascertainable and which has not been elsewhere
provided for between Lessor and Lessee. If Lessee should fail to pay
to Lessor when due any installment of rental or other sum payable
hereunder, Lessee shall pay to Lessor on demand a late charge equal
to the greater of $10.00 per day for rentals received after the 5th
day of the month or 10% of the past due amount. Receipt of rental
shall be determined by the envelope postmark or the date it is
received at the office of Lessor. In addition, Lessee agrees to pay
a $15.00 fee for each returned check plus late payment charges.
Failure to pay such late charges or returned check fees upon demand
therefore shall be an event of default hereunder. If Lessor has
received more than one returned check, then Lessor reserves the
right to request all future rental payments to be paid by money
order, cashiers check or cash. This provision for such charges and
fees shall be in addition to all other rights and remedies available
to Lessor hereunder or at law or in equity and shall not be
construed as liquidated damages or limiting Lessor's remedies in any
manner. Any late charge payable under the terms hereof shall be
payable as additional rent hereunder and shall not be considered as
a deduction from any other rentals owed.
5. USE AND PROVISIONS
(a) Permitted Use: General office and warehouse for manufacturer of
painted furniture; no storage of hazardous materials, no outside
storage of equipment and/or materials and for no other purpose
whatsoever.
(b) Special Provisions: See Addendum attached hereto and made a part of
this Lease,
6. UTILITIES, TAXES AND INSURANCE: Lessee agrees to pay all charges incurred
by him for the use of electric current, gas, all utilities appertaining to
said premises or appurtenances during the existence, of this Lease, or a
renewal or extension thereof, and to protect Lessor against any lien
accruing upon the leased premises for any unpaid bills for the same.
Lessee agrees to pay to Lessor a monthly water utilization charge of
$60.00 due and payable with the rental on the first day of each calendar
month of the Term of this Lease.
Lessor shall be responsible for ad valorem real property taxes and
building fire insurance coverage during the primary period of this Lease,
except that Lessee agrees to pay any increase in the cost of such
insurance on the building of which the Leased Premises form a part
attributable to the nature of the business carried on therein by Lessee or
otherwise resulting from the storage of any items, or material in such
leased Premises.
In addition, if alter the calendar year 2001 the ad valorem taxes or
hazard insurance premiums on this land and/or building increase, Lessee
consents and agrees to pay to Lessor, as additional rent, an amount equal
to Lessee's pro rata portion of such increase over and above the taxes and
insurance premiums for 2001. Such pro rata portion shall be a part of the
total amount of such increase in the area of Leased Premises are a part.
Any such amounts shall be paid within thirty (30) days after being
notified to do so, such notice to set forth the manner in which the amount
is computed. Failure to pay any amounts due hereunder shall constitute a
breach in the same manner as failure to pay rent.
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7. FIRE CLAUSE: If the improvements on said Leased Premises, during the terms
of this Lease should be seriously damaged by fire, explosion, windstorm or
in any other manner, so that said improvements may become untenantable,
Lessor shall have the option within twenty (20) days thereafter either to
cancel this Lease or to begin repairing or restoring the improvements to
their former condition, as nearly as may be; if Lessor elects to repair or
restore the improvements, the duration of time when the premises are
untenantable shall be applied as a reduction of the term of the, Lease
Agreement, so that no rent shall be paid during such time, but as soon as
the Premises shall have been made tenantable again the Lessee shall then
promptly reoccupy the Premises under the terms and conditions hereof. If
the building is only partially damaged, so that there will be no total
cessation of occupancy, Lessor shall repair the damage within reasonable
dispatch, but there will be no abatement of the rent on account thereof.
If the building is too badly damaged to repair the same or if Lessor
elects not to restore it to a tenantable condition, the Lease shall
terminate as of the date of destruction of said Premises, and the
unmatured rent herein set forth shall be, canceled, and any unearned
prepaid rental, if any, shall be refunded by Lessor to Lessee; but if the
Lessee shall be in arrears in his payment of the rental accrued to that
time, Lessee shall forthwith pay up the unpaid balance thereof.
Notwithstanding the above, should the damages to Leased Premises render
them untenantable and there is less than six (6) months remaining on the
term of the Lease, Lessee may terminate the Lease by so notifying Lessor
in writing within ten (10) days after said damage.
8. REPAIRS: Lessee takes the Leased Premises "as is" when completed, and
Lessor agrees to maintain only the roof and structure of the building on
said Premises in a good state of repair (unless such damage is due to
Lessee's negligence, in which case Lessee shall repair same); but all
other repairs and maintenance of whatever nature, including replacement or
repair of glass, doors, walls, plumbing, electrical, air conditioning,
etc., if any, installation of fixtures and furniture, to be used by
Lessee, lamp bulb replacement, shall be borne and paid for by Lessee.
LESSEE IS NOT TO ALLOW WATER LEAKAGE FROM ANY PLUMBING FIXTURE IN THE
LEASED PREMISES AND IS SOLELY RESPONSIBLE FOR ANY WATER LEAKAGE REPAIR.
LESSOR MAY, AT LESSOR'S OPTION, MAKE THE NECESSARY REPAIRS AND LESSEE IS
TO PROMPTLY REIMBURSE LESSOR UPON PRESENTATION OF INVOICE. Lessee shall
also pay all such bills for labor and material, and produce receipts as
evidence thereof when such repairs or alterations are made so that no
liens may be lawfully claimed or fled against the property of the Lessor
for non-payment of labor and materials used in making such repairs and
alterations, Lessee agrees to yield up and surrender to Lessor immediate
possession of said Premises at expiration of this lease by lapse of time
or otherwise; the Premises as so surrendered to be in as good condition as
when received, ordinary wear and tear excepted. Lessor shall require any
and all containers therefore in a manner that complies with all federal,
state and local laws or regulations applicable to Hazardous Substances.
9. LESSEE'S LIABILITY INSURANCE: Lessee shall procure and maintain throughout
the terms of this Lease a policy or policies of insurance, at its sole
cost and expense, insuring both Lessor and Lessee against all claims,
demands or actions arising out of or in connection with Lessee's use or
occupancy of the Demised Premises, or by the condition of the Demised
Premises, the limits of such policy or policies to be in an amount not
less than $1,000,000.00 combined single limit and shall be written by
insurance companies satisfactory to Lessor. Such policy or policies shall
include (i) coverage for bodily injury and death, property damage and
products liability coverage; (ii) contractual liability coverage insuring
the obligations of Lessee under the terms of this Lease; and (iii) fire
legal liability coverage with respect to the Demised Premises and the
building of which they are a part. Lessee shall obtain a written
obligation on the part of each insurance company to notify Lessor at least
thirty (30) days prior to cancellation of or any material change in such
policies. Such policies or duly executed certificates of insurance shall
be promptly delivered to Lessor and renewals thereof required shall be
delivered to Lessor at least thirty (30) days prior to the expiration of
the respective policy terms. If Lessee should fail to comply with the
foregoing requirements relating to liability insurance, Lessor may obtain
such insurance and Lessee shall pay to Lessor on demand as additional Rent
hereunder the premium cost thereof plus interest at the rate of eighteen
percent (18%) per annum from the date of payment until repaid by Lessee.
10. INDEMNITY LIABILITY: Lessee shall indemnify and save harmless Lessor of
and from any and all lines, suits, claims, demands and actions of any kind
by reason of any breach, violation or nonperformance of any condition
hereof on the part of Lessee, his agents or employees. Lessor shall not be
liable to Lessee or Lessee's agents, employees, invites or visitors for
any damage to person or property due to condition, design or defect in the
building or its mechanical systems or elsewhere in the Demised
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Premises or building, except, latent defects of which Lessor is and
Lessee is not aware.
11. LOSS OR DAMAGE: Lessor shall not be liable or responsible for any loss or
damage to any property or person occasioned by theft, fire, Acts of God,
public enemy injunction, riot, strike, insurance, war, court order,
requisition or order of governmental body of authority, or other matter
beyond the control of Lessor, or any damage or inconvenience which may
arise through repair of the roof or structure or failure to make any such
repairs, or from any cause whatever, unless caused solely by Lessor's
negligence.
12. ENTRY AND INSPECTION: Lessor, in person or through his agent or
representative, shall have the right during the continuance of this Lease,
at all reasonable and proper times, to enter into and upon these Premises
or any part thereof for the purpose of examining the condition of same.
13. LEGAL USE: Lessor leases the Premises above described and Lessee accepts
said Premises for use and occupancy for an office and warehouse subject to
the limitations contained in this Lease, and any use of said Premises by
Lessee in violation of any Statute, Ordinance or Regulation, Federal State
or Municipal shall be in violation of the covenants of this Lease; and
Lessee hereby agrees, in the carrying on of the business in the Lease
Premises, to comply with all Federal, State and Municipal Laws and
Regulations, and to keep said Premises in a condition so as not to be in
violation of any such laws, ordinances or regulations; and on Lessee's
failure to comply with such xxxx, Lessor may, at his option, declare this
Lease forfeited and exercise any and all rights permitted in Paragraphs 12
and 13 hereof.
14. DEFAULT BY LESSEE: Default on the part of Lessee in paying said rent or
any installment thereof, as hereinabove provided, or default on Lessee's
part in keeping or performing any other term, covenant or condition of
this Lease shall authorize Lessor, at his option at any time after
default, without notice as to the default in paying rent, and after ten
(10) days written notice to Lessee as to any other default, to declare
this Lease terminated or at Lessor's option, to terminate Lessee's right
to possession without terminating the Lease mid upon the occurrence of any
one or more of such defaults, Lessor, immediately or at any time
thereafter, may re-enter said Premises and remove all persons therefrom
with or without legal process, and without prejudice to any of his other
legal rights, and all claims for damages by reason of such re-entry arc
expressly waived, as also are all claims for damages by reason of any
distress warrants or proceedings by sequestration which Lessor may employ
to recover said rents, or possession of said Premises; provided that other
than default in paying rent which requires no notice, Lessor shall not
leave the right to declare this Lease terminated if, within ten (10) days
after such notice of any such other default, lessee corrects same.
15. REMEDIES: If the Demised Premises be abandoned or vacated by Lessee, or in
the event of default as set out in the next preceding paragraph. Lessor at
his option, instead of canceling said Lease, may take possession of said
Premises and rent the same for the best price attainable and if the rent
received through such re-letting is not at least equal to the rent
provided for hereunder, Lessee shall pay and satisfy any deficiencies
between the amount of the rent called for and that received through
re-letting, and all expenses incurred by any such altering and decorating
for a new occupant. Nothing herein shall be construed as in any way
denying Lessor the right, in case of abandonment, vacation of premises, or
other breach of this Contract by Lessee, to treat the same as an entire
breach and at Lessor's option immediately xxx for the entire breach of
this Contract and any and all damages occasioned Lessor thereby, Lessee
agrees to pay Lessor all reasonable attorney's fees and expenses incurred
by him in enforcing his rights under this Lease.
16. WAIVER: No waiver by Lessee of a breach of any of the covenants and
conditions of this Lease shall be construed as being a waiver of any other
succeeding breach of the same or other covenants; and the acceptance of
any one or all of the installments of rent at any time other than that
herein provided shall not be a waiver of the right to insist upon paymont
of the succeeding installments thereof upon the day hereinabove provided
for the payment.
17. BANKRUPTCY: If voluntary bankruptcy proceedings be Instituted by Lessee,
or if proceedings be instituted by any one else to adjudge Lessee a
Bankrupt, or if Lessee makes an assignment for the benefit of his
creditors, or if execution be issued against him, or if the interest of
Lessee in this Contract pass by operation of law to any person other than
Lessee, this Lease may, at the option of lessor, be terminated by notice
addressed to Lessee and mailed in the Post Office at Houston, Texas.
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18. ASSIGMNENT AND SUBLETTING BY LESSEE; ALTERATONS AND IMPROVEMENTS: Lessee
shall not have the right to sub-let said Premises or to assign this Lease
without the prior written consent of Lessor, nor permit said Premises to
be used for any purpose other than stated in the USE clause herein, nor
allow to be made any physical alterations to the building or within or
around the building, nor erect nor hang any signs on the building or
property without the prior written consent of Lessor. Any such
alterations or additions or improvements when made, shall at once become
the property of Lessor, but this shall not apply to movable or trade
fixtures nor furniture of Lessee. Lessor agrees not to unreasonably
withhold consent to subletting by Lessee. Under no circumstances shall
Lessee be released from his obligations hereunder. No signs or attraction
board shall be erected upon or near the Leased Premises without Lessor's
prior written consent.
19. LIENS FOR RENT: The Lessor shall have, and he is hereby given and granted,
a valid first lien upon all of the assets of the Lessee in and on said
Premises which lessee may have or own thereon at any time during the term
of this Lease, as security for all rents due and to become due hereunder,
it being agreed that the lien given aforesaid shall not be construed as a
waiver of any statutory lien in favor of the Lessor but shall be
additional thereto. Upon request of Lessor. Lessee agrees to execute
Uniform Commercial Code financing statements relating to the aforesaid
security interest, and also authorizes Lessor to do so in his behalf.
20. HOLDING OVER: In the event Lessee remains in possession of the Demised
Premises after the expiration of this Lease and without the execution of a
new lease, it shall be deemed to be occupying the Demised Premises as a
lessee at will at a rental equal to the Rent herein provided plus two
hundred percent of such amount and otherwise subject to all the
conditions, provisions and obligations of this Lease insofar as the same
are applicable to a tenancy at will.
21. POSSESSION: Lessor shall use reasonable diligence to complete the Demised
Premises by the commencement time of this Lease, however, if for any
reason the Demised Premises shall not be ready for occupancy by Lessee at
such time, this Lease shall not be affected thereby except that the
commencement date of this Lease shall be deferred to and begin upon the
date that the Demised Premises shall become ready for occupancy and this
Lease shall run for the full term thereafter, and Lessee shall have no
claim against Lessor by reason thereof.
22. PEACEFUL ENJOYMENT: Lessee shall peacefully have, hold and enjoy the
Premises subject to the terms hereof and provided Lessee performs all of
the covenants and agreements of this Lease.
23. ASSIGNMENT BY LESSOR: This Lease shall insure to the benefit of the heirs,
executors, administrators and assigns of Lessor and, with the written
consent of Lessor first obtained and had, but not otherwise, to the
successors and assigns of Lessee, the same as if such words had been
inserted herein following the name of Lessor whenever appropriate.
24. SUBORDINATION: Lessor reserves the right to subject and subordinate this
Lease at all times to the lien of any mortgage or mortgages whether now
existing or hereafter placed upon the Lease Premises and the land and
buildings of which said premises and a part of and upon any buildings
hereafter placed upon the land of which the Leased Premises form a part.
Lessee covenants and agrees to execute and deliver upon demand such
further instruments subordinating this Lease to the lien of any such
mortgage or mortgages that Lessor may request. Lessor shall have the right
to transfer and assign in whole or in part, all of his rights and
obligations under this Lease and in the building and property referred to
herein.
25. EMINENT DOMAIN: If, during the term hereof, all of said Leased Premises
shall be taken for public; or quasi-public purposes, this Lease shall
thereupon terminate, but if only part of said Leased Premises be so taken,
this Lease shall cease only as to the part taken and continue as to the
part not so taken, and the rent herein shall be abated in the proportion
that the building area so taken bears to the total area of the Premises
herein leased, and it is expressly agreed and understood that all sums
awarded or allowed for such taking ofsaid Leased Premises or any part
thereof, or for damages for such taking, shall belong to the Lessor, and
same are hereby assigned to the Lessor.
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26. NOTICES: Whenever under this Lease provision is made for notice of any
kind, it shall be deemed sufficient notice of service thereof if such
notice is to the Lessee in writing, by certified or registered mail,
addressed to the Leased Premises, or the Lessor addressed to the attention
of Xxxxx Xxxxxxxx, 0000 Xxxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000 (or such
other and different address or person as Lessor may designate).
27. WAIVER OF SUBROGATION AGREEMENT: Lessor hereby waives his right of
recovery against Lessee for damages caused by fire, explosion, and other
casualty to any of its property to the extent that recovery is made by the
Lessor under insurance policies in effect at the time of loss; and Lessee
hereby waives his rights of recovery against Lessor for damages to any of
its property, caused by fire, explosion, and other casualty to the extent
that recovery is made by the Lessee under insurance politics in effect at
the time of loss.
28. TRASH DISPOSAL: Lessee shall pay a Trash Disposal Fee in the amount of
$-0- per month.
29. COMMON AREA:
(a) The term "Common Area" is defined for all purposes of this Lease as
all parking areas, private streets and alleys, landscaping, curbs,
loading areas, sidewalks, lighting facilities, roof and other
facilities intended for the common use of all tenants of the real
property and improvements of which the demised premises are a part,
but excluding space in buildings (now or hereafter existing)
designed for rental for commercial purposes, as the same may exist
from time to time, and further excluding streets and alleys
maintained by a public authority. Lessor reserves the right to
change from time to time the dimensions and location of the Common
Area, its employees, customers and invitees, shall have the
non-exclusive right to use the Common Area, as consituted from time
to time such use to be in common with Lessor, other tenants and
persons permitted by Lessor to use the same, and subject to such
reasonable rules and regulations governing use as Lessor may
prescribe from time to time. Lessee shall not use any portion of the
Common Area for storage or for any other purpose other than parking
and access to and from the demised premises. Lessor may temporarily
close any part of the Common Area for such periods of time as may be
necessary to prevent the public from obtaining prescriptive rights
or to make repairs or alteration.
(b) The Common Area shall be subject to Lessor's sole management and
control and shall be operated and maintained in such manner as
Lessor, in its sole discretion, shall determine.
(c) In addition to rental and other charges prescribed in this Lease,
Lessee shall pay to Lessor each month in advance at the same place
as the rental is payable hereunder, the sum of $330.00 as Lessee's
estimated share of the cost of operation, management and maintenance
of the Common Area (including, among other costs, those incurred for
lighting, painting, cleaning, inspecting, landscaping, repairing and
replacing) which may be incurred by Lessor, in its sole discretion.
If the lease term does not commence on the first day of a calendar
month, Lessee shall also pay the pro rata part of such amount for
such partial month. Upon the expiration of one (1) year after the
commencement date of this Lease and at anytime thereafter, the
amount hereinabove specified shall be adjusted to reflect changes in
the price level of the common area maintenance costs. Lessor shall
give Lessee written notice that an increase has become applicable in
accordance with the provisions of this paragraph.
(d) Lessee consents and agrees to pay to Lessor, as additional Rent, an
amount equal to Lessee's pro rata portion of Lessor's actual Common
Area Maintenance costs for the previous calendar year less the
aggregate amount of estimated monthly Common Area Maintenance paid
by Lessee for the same calendar year. Any such amounts shall be paid
within thirty (30) days after being notified to do so, such notice
to set forth the manner in which the amount is computed. Failure to
pay any amounts due hereunder shall constitute a breach in the same
manner as failure to pay Rent. If Lessee's monthly estimated Common
Area Maintenance payments exceed Lessor's actual Common Area
Maintenance costs for the same calendar year, then Lessor may refund
any difference to Lessee, at Lessor's sole discretion.
7 of 8
EXECUTED IN DUPLICATE ORIGINALS this the______day of________________2001.
LESSOR: LESSEE:
SHEPHERD TURK INC. FAITH WALK DESIGNS
By:______________________ By:______________________
Name: Xxxxx Xxxxxxxx Name: Xxxx Xxxxxxx Xxxxxx
Title: Trustee Title: Individually
Date: Date:
Home address:
00000 Xxxxxxxx
Xxxxxxx, Xxxxx 00000
Home Phone: (000) 000-0000
SS#
TDL#
30. LESSOR'S AND LESSEE'S CONSTRUCTION OBLIGATIONS: Lesser is in
possession of the Demised Premises under a prior lease dated
September 1, 1997 which this Office/Warehouse Lease Agreement shall
supercede and void any and all prior leases. Notwithstanding
anything to the contrary contained herein, the Demised premises are
already constructed to the extent of Lessor's obligations and Lessee
has inspected the Demised Premises and accepts same in its "As Is"
condition.
8 of 8
EXHIBIT "A"
LEGAL DESCRIPTION
00000 XXXXXXX XXXX
1.57 acres of land, lying in the Xxxxxxx Xxxxxx Survey, Abstract 851,
Xxxxxx County, Texas, and being a portion of that certain 41.2716 acre
tract of land described in deed to Xxxxxx X. Xxxxxx, Trustee, recorded
under Film Code No. 000-00-0000, Deed Records of Xxxxxx County, Texas;
said 1.57 acres of land being more particularly described by metes and
bounds as follows, to-wit:
COMMENCING at the Southwest corner of the Xxxxxx X. Xxxxxx Xx., Trustee,
41.2716 acre tract Film Code 000-00-0000;
THENCE, South 89 degrees 12 minutes 00 seconds East a distance of 524.77
feet to the point of beginning;
THENCE, North 00 degrees 34 minutes 00 seconds West a distance of 366.35
feet to a point for corner; said point being in the South R-O-W of Barely
Lane;
THENCE, North 89 degrees 33 minute 29 seconds East along the South R-O-W
of Bareley Lane a distance of 186.00 feet to a point for corner;
THENCE, South 00 degrees 34 minutes 00 seconds East a distance of 370.03
feet to a point for corner in the South property line of the above
mentioned Xxxxxx X. Xxxxxx Tract;
THENCE, North 89 degrees 12 minutes 00 seconds West a distance of 186.00
feet along the South property line of the Xxxxxx X. Xxxxxx Tract to the
point of beginning and containing 1.57 acres of land, more or less.
EXHIBIT "B"
SITE PLAN
XXXXX ROAD SERVICE CENTER
[SITE PLAN OMMITTED]
"DEMISED PREMISES"
16,500 Sq.Ft. +/-
Mailing Address: 00000 Xxxxxxx Xxxx, Xxxxx "X"
Xxxxxxx, Xxxxx 00000
ADDENDUM
LESSEE AGREES TO THE FOLLOWING:
1. THERE SHALL BE NO MORE THAN THE ALLOTTED NUMBER OF CARS IN FRONT OF
TENANT'S PREMISES. THE ALLOTTED NUMBER SHALL BE DETERMINED BY THE
NUMBER OF SPACES OUTLINED BY PARKING LINES. AT NO TIME SHALL THERE
BE CARS PARKED DOUBLE OR TRIPLE DEEP. LESSOR SHALL HAVE THE RIGHT TO
TOW ANY VEHICLES, AT LESSEE'S EXPENSE, WHICH ARE NOT IN COMPLIANCE
WITH THE FOREGOING REQUREMENTS.
2. LESSEE SHALL MAINTAIN THE PARKING AREA IN FRONT OF THE LEASED
PREMISES KEEPING IT FREE OF DEBRIS, OIL, OR OTHER SOLVENTS.
3. ALL MECHANICAL OPERATIONS ARE TO BE PERFORMED ONLY ON THE INSIDE OF
THE LEASED PREMISES.
4. UPON TERMINATION OF THE LEASE FOR ANY REASON, THE LEASED PREMISES
SHALL, AT LESSOR'S REQUEST, BE RESTORED TO THE SAME CONDITION
EXISTING ON THE DATE OF THIS LEASE. INCLUDING WITHOUT LIMITATIONS,
THE REMOVAL OR REPLACEMENT, AS THE CASE MAY BE, OF ALL INTERIOR
PARTITIONS.
5. LESSEE SHALL NOT CAUSE NOR PERMIT TO OCCUR IN THE LEASED PREMISES
ANY NOISES WHICH IN LESSOR'S JUDGEMENT UNREASONABLY INTERFERES WITH
THE BUSINESS OPERATIONS OF OTHER TENANTS IN THE BUILDING IN WHICH
THE LEASED PREMISES ARE LOCATED.
6. ALL EXTERIOR SIGNS. INCLUDING MERCHANDISE. DISPLAYS, ARE TO BE
APPROVED BY THE LESSOR.
7. LESSEE SHALL NOT WASH CARS ON THE INTERIOR NOR EXTERIOR OF THE
LEASED PREMISES.
8. LESSEE'S FAILURE TO COMPLY WITH ANY OF LESSEE'S OBLIGATIONS SET
FORTH IN THIS ADDENDUM SHALL CONSTITUTE AN EVENT OF DEFAULT UNDER
PARAGRAPH 13 OF THE LEASE TO WHICH THIS ADDENDUM IS ATTACHED,
WHEREUPON LESSOR MAY EXERCISE ALL, REMEDIES PROVIDED IN SAID
PARAGRAPH 13. IN THE EVENT LESSOR NOTIFIES LESSEE MORE THAN TWO (2)
TIMES OF ANY FAILURE TO PERFORM ANY OF THE OBLIGATIONS IN THIS
ADDENDUM, LESSOR SHALL HAVE THE RIGHT AND OPTION TO TERMINATE THIS
LEASE AT ANY TIME THEREAFTER.
