Attached files
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8-K - FORM 8-K - IMMEDIATEK INC | c14532e8vk.htm |
Exhibit 10.1
Texas Association of Realtors®
COMMERCIAL LEASE EXPENSE REIMBURSEMENT ADDENDUM
COMMERCIAL LEASE EXPENSE REIMBURSEMENT ADDENDUM
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2002
©Texas Association of REALTORS®, Inc. 2002
ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE LEASED PREMISES AT
3301 Airport Freeway
In addition to rent stated in the lease, Tenant will pay Landlord the additional rent described in
this addendum. Tenant will pay the additional rent each month at the time the base-monthly rent in
the lease is due.
A. | Method: The additional rent will be calculated under the following method: |
þ | (1) | Base-year expenses: Each month Tenant will pay Tenants pro rata share of
the projected monthly expenses for the Property that exceed the amount of the monthly base-year
expenses for: |
þ | (a) | operating expenses. |
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o | (b) | the following expenses: o taxes, o insurance, o CAM, o roof and structural. |
o | (2) | Expense-stop: Each month Tenant will pay Tenants pro rata share of the projected
monthly expenses for the Property that exceed $ per square foot per year for: |
o | (a) | operating expenses. |
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o | (b) | the following expenses: o taxes, o insurance, o CAM, o roof and structural. |
o | (3) | Net: Each month Tenant will pay Tenants pro rata share of the projected monthly
expenses for the Property for: |
o | (a) | operating expenses (note that taxes, insurance, and CAM are included in operating
expenses); |
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o | (b) | taxes; |
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o | (c) | insurance; |
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o | (d) | CAM; |
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o | (e) | roof and structural; |
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o | (f) | . |
o | (4) Fixed Reimbursements: Each month Tenant will pay the stated amounts for the Property for: |
o
|
(a) | operating expenses: (note that taxes, insurance, and CAM are included in operating expenses); |
$ per month; | |||
o
|
(b) | taxes: | $ per month; | |||
o
|
(c) | insurance: | $ per month; | |||
o
|
(d) | CAM: | $ per month; | |||
o
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(d) | roof and structural: | $ per month; | |||
o
|
(e) | : | $ per month; |
B. | Definitions: |
(1) | Tenants pro rata share is 13.9%. |
(2) | Base-year expenses means the expenses checked under A(1) incurred by Landlord for the
calendar year 2011. Monthly base-year expenses means base-year expenses divided by
12. |
(3) | Roof and structural expenses means the cost to maintain, repair, and replace the
Propertys structural and common area components including the Propertys foundation,
load-bearing walls, roof and roof components (for example, roof covering, deck, flashing, and
skylights), and parking lot. |
(TAR-2103) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 1 of 2 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Expense Reimbursement Addendum concerning 3301 Airport Freeway
(4) | Operating expenses means all of Landlords expenses reasonably incurred to maintain,
repair, operate, secure, insure |
(i) | CAM means common area maintenance expenses which are the cost to own, operate, repair,
and maintain the common areas that are part of the Property and are available for the common
use of all tenants (for example, security, lighting, painting, cleaning, decorations,
utilities, trash removal, pest control, |
(ii) | insurance means Landlords costs to insure the leased premises and Property including
but not limited to insurance for casualty loss, general liability, and reasonable rent loss;
and |
(iii) | taxes means the real property ad valorem taxes assessed against the leased premises and
Property inclusive of all general and special assessments and surcharges. |
C. | Projected Monthly Expenses: This paragraph does not apply if Paragraph A(4) applies. On
or about December 31 of each calendar year Landlord will project the applicable monthly expenses
(those that Tenant is to pay under this addendum) for the following calendar year and will notify
Tenant of the projected expenses. The projected expenses are based on Landlords estimates of such
expenses. The actual expenses may vary. |
Notice: If Paragraph A(1), A(2), or A(3) applies: (i) the applicable projected monthly
expenses for the calendar year in which the above-referenced lease commences is $4.65 per square foot; and (ii) the total rentable area of the Property presently used by
Landlord for calculating expense reimbursements is square feet. |
D. | Reconciliation: This paragraph does not apply if Paragraph A(4) applies. Within a
reasonable time after the end of each calendar year, Landlord will notify Tenant of the actual
costs of the applicable expenses (those that Tenant is to pay under this addendum) for the previous
year. If the actual costs of the applicable expenses exceed the amounts paid or owed by Tenant for
the previous year, Tenant must pay the deficient amount to Landlord within 30 days after
Landlord notifies Tenant of the deficient amount. If the actual costs of the applicable expenses
are less than the amounts paid by Tenant for the previous year, Landlord will refund the excess to
Tenant or will credit the excess to Tenants next rent payment. Tenant may audit or examine those
items in Landlords records that relate to Tenants obligations under this addendum. Landlord will
promptly refund to Tenant any overpayment revealed by an audit or examination. If the audit or
examination reveals an error of more than 5% over the amounts Landlord collected in a calendar year
from Tenant under this addendum, Landlord will pay the reasonable cost of the audit or examination.
Landlord may not seek a deficiency from Tenant under this paragraph if Landlord fails to timely
provide the required notice. |
E. | Special Provisions: |
The items of operating expenses which are reasonably subject to the control of landlord shall be
deemed not to increase more than four percent (4%) per calender year (determined on a cumulative
and compounding basis) for each calender year from and after January 1, 2012. The only items of
operating expenses which are not reasonably subject to the control of landlord are insurance and
taxes. In all events, the Landlord will notify Tenant of the actual costs of the applicable
expenses for the previous year within 90 days of the end of the applicable year. |
Chow Family, LLC | Officeware Corporation | |||||||||||
Landlord | Tenant | |||||||||||
By
|
/s/ Doris Chow | 3/16/2011 | By | /s/ Deborah A. Bastian | 3/17/2011 | |||||||
Date | Date | |||||||||||
Landlord | Tenant | |||||||||||
By
|
By | |||||||||||
Date | Date |
(TAR-2103) 6-7-02 Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Page 2 of 2 |
Texas Association of Realtors®
COMMERCIAL LANDLORDS RULES AND REGULATIONS
COMMERCIAL LANDLORDS RULES AND REGULATIONS
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2002
©Texas Association of REALTORS®, Inc. 2002
REGARDING THE COMMERCIAL LEASE CONCERNING THE LEASED PREMISES AT 3301 Airport Freeway
NOTICE: These rules and regulations are adopted to maintain and enhance the safety and appearance
of the Property. From time to time Landlord, at its discretion, may amend these rules and
regulations for the purposes for which they were adopted. Under the above-referenced lease, Tenant
agrees to comply with these rules and regulations as they may be amended. Exceptions or waivers
must be authorized by Landlord in writing. Property means the building or complex in which the
leased premises are 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 Tenants normal business operations. |
|
B. | Food is not permitted on the Property except for a small amount of food for
Tenants personal consumption. |
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C. | Other than those provided by Landlord or specifically authorized by
Landlord, no vending machines are permitted on the Property. |
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D. | The Property may not be used for lodging or sleeping quarters in any manner. |
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E. | No animals may be brought or kept on the Property. |
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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. |
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G. | Persons parking on the Property must comply with all posted signs and
directions regulating the parking areas. |
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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. |
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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
times that do not cause inconvenience in the normal use of the
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, loading
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. |
(TAR-2108) 6-7-02 | Page 1 of 2 | |
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Landlords Rules and Regulations concerning 3301 Airport Freeway
L. | Repair requests must be submitted to Landlord in writing in compliance with the lease. |
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M. | No modification to the Property and leased premises may be made unless authorized by Landlord, in
writing, or permitted by the lease. |
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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. |
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O. | Unless specifically authorized by Landlord, no solicitation or business operations are permitted in the
common areas. |
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P. | Other: |
Receipt acknowledged by:
|
/s/ Deborah A. Bastian | (Tenant) | ||
on 3/17/2011 (Date)
(TAR-2108) 6-7-02 | Page 2 of 2 | |
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Texas Association of Realtors®
COMMERCIAL LEASE
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2002
©Texas Association of REALTORS®, Inc. 2002
Table of Contents
No. | Paragraph Description | Pg. | ||||||
1. | Parties |
2 | ||||||
2. | Leased Premises |
2 | ||||||
3. | Term |
2 | ||||||
A. Term |
||||||||
B. Delay of Occupancy |
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4. | Rent and Expenses |
3 | ||||||
A. Base Monthly Rent |
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B. First Full Months Rent |
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C. Prorated Rent |
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D. Additional Rent |
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E. Place of Payment |
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F. Method of Payment |
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G. Late Charges |
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H. Returned Checks |
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5. | Security Deposit |
4 | ||||||
6. | Taxes |
4 | ||||||
7. | Utilities |
4 | ||||||
8. | Insurance |
5 | ||||||
9. | Use and Hours |
6 | ||||||
10. | Legal Compliance |
6 | ||||||
11. | Signs |
7 | ||||||
12. | Access By Landlord |
7 | ||||||
13. | Move-In Condition |
7 | ||||||
14. | Move-Out Condition |
7 | ||||||
15. | Maintenance and Repairs |
8 | ||||||
A. Cleaning |
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B. Conditions Caused by a Party |
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C. Repair & Maintenance Responsibility |
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D. Repair Persons |
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E. HVAC Service Contract |
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F. Common Areas |
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G. Notice of Repairs |
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H. Failure to Repair |
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16. | Alterations |
9 | ||||||
17. | Liens |
9 | ||||||
18. | Liability |
10 | ||||||
19. | Indemnity |
10 | ||||||
20. | Default |
10 | ||||||
21. | Abandonment, Interruption of Utilities,
Removal of Property & Lockout |
10 | ||||||
22. | Holdover |
11 | ||||||
23. | Landlords Lien & Security Interest |
11 | ||||||
24. | Assignment and Subletting |
11 | ||||||
25. | Relocation |
11 | ||||||
26. | Subordination |
11 | ||||||
27. | Estoppel Certificates |
12 | ||||||
28. | Casualty Loss |
12 | ||||||
29. | Condemnation |
12 | ||||||
30. | Attorneys Fees |
12 | ||||||
31. | Representations |
13 | ||||||
32. | Brokers |
13 | ||||||
33. | Addenda |
13 | ||||||
34. | Notices |
14 | ||||||
35. | Special Provisions |
14 | ||||||
36. | Agreement of the Parties |
14 |
ADDENDA & EXHIBITS (check all that apply)
þ | Exhibit Commercial Lease Rider |
|
o | Exhibit |
|
o | Commercial Lease Addendum for Brokers Fee |
|
þ | Commercial Lease Expense Reimbursement Addendum |
|
o | Commercial Lease Addendum for Extension Option |
|
o | Commercial Lease Addendum for Percentage Rent |
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o | Commercial Lease Parking Addendum |
|
þ | Commercial Landlords Rules and Regulations |
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o | Commercial Lease Guaranty |
|
o | Commercial Lease Right of First Refusal Addendum |
|
o | Commercial Lease Addendum for Optional Space |
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o | Commercial Leasehold Construction Addendum |
|
o | ||
o |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 1 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Texas Association of Realtors®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2002
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2002
1. | PARTIES: The parties to this lease are: |
Tenant:
|
Officeware Corporation | |||
; and | ||||
Landlord:
|
Chow Family, LLC | ; and | ||
. | ||||
2. | LEASED PREMISES: |
A. | Landlord leases to Tenant the following described real property, known as the leased
premises, along with all its improvements (Check only one box): |
þ | (1) | Multiple-Tenant Property: Suite or Unit Number 200
containing approximately 9,883 square feet of rentable area in 3301 Airport Freeway
(building name) at 3301 Airport Freeway (address) in Bedford (city),
Tarrant (county), Texas, which is legally described on attached Exhibit or as follows:
Bedford Forum Addition Blk 3R Lot 2. |
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o | (2) | Single-Tenant Property: The real property at:
(address) in (city),
(county), Texas, which is legally described on attached Exhibit
or as follows:
. |
B. | If Paragraph 2A(1) applies: |
(1) | Property means the building or complex in which the leased premises are located, inclusive
of any common areas, drives, parking areas, and walks; and |
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(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 66 months and N/A days, commencing on: |
May 1, 2011 (Commencement Date) and ending on
October 31, 2016 (Expiration Date).
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 2 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
B. | Delay of Occupancy: If Tenant is unable to occupy the leased premises on the
Commencement Date because of construction on the leased premises to be completed by
Landlord that is not substantially complete or a prior tenants holding over of the leased
premises, Landlord will not be liable to Tenant for such delay and this lease will remain
enforceable. In the event of such a delay, the Commencement Date will automatically be
extended to the date Tenant is able to occupy the Property and the Expiration Date will
also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day
after the Commencement Date because of construction on the leased premises to be completed
by Landlord that is not substantially complete or a prior tenants holding over of the
leased premises, Tenant may terminate this lease by giving written notice to Landlord
before the leased premises become available to be occupied by Tenant and Landlord will
refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply
to any delay in occupancy caused by cleaning or repairs. |
C. | Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate
of occupancy for the leased premises if required by a governmental body. |
4. | RENT AND EXPENSES: |
A. | Base Monthly Rent: On or before the first day of each month during this lease,
Tenant will pay Landlord base monthly rent as described on attached Exhibit
_____
or as
follows: |
from 5/1/2011 to 6/30/2011: |
$ | 00.00 | ||
from 7/1/2011 to 4/30/2013: |
$ | 7,412.25 | ||
from 5/1/2013 to 4/30/2014: |
$ | 7,824.04 | ||
from 5/1/2014 to 4/30/2015: |
$ | 8,235.83 | ||
from 5/1/2015 to 10/31/2016: |
$ | 8,647.63 |
B. | First Full Months Rent: The first full base monthly rent is due on or before
Lease Execution. |
||
C. | Prorated Rent: If the Commencement Date is on a day other than the first day of
a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly
rent multiplied by the following fraction: the number of days from the Commencement Date to
the first day of the following month divided by the number of days in the month in which
this lease commences. The prorated rent is due on or before the Commencement Date. |
D. | Additional Rent: In addition to the base monthly rent and prorated rent, Tenant
will pay Landlord all other amounts, as provided by the attached (Check all that apply.): |
þ | (1) | Commercial Expense Reimbursement Addendum |
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o | (2) | Commercial Percentage Rent Addendum |
|||
o | (3) | Commercial Parking Addendum |
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þ | (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:
|
Chow Family, LLC c/o Sunwest Real Estate Group | |
Address:
|
P. O. Box 803289 | |
Dallas, TX 75380 |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 3 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
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 Tenants 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 Landlords acceptance of a late charge does not waive Landlords
right to exercise remedies under Paragraph 20. |
H. | Returned Checks: Tenant will pay $25.00 (not to exceed $25) for each check
Tenant tenders to Landlord which is returned by the institution on which it is drawn for
any reason, plus any late charges until Landlord receives payment. |
5. | SECURITY DEPOSIT: |
A. | Upon execution of this lease, Tenant will pay $8,647.63 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 Tenants forwarding address, Landlord will, not later than the time required by
§93.005, Texas Property Code, refund the security deposit less any amounts applied toward
amounts owed by Tenant or other charges authorized by this lease. The parties agree that
Landlord acts in good faith if Landlord accounts for the security deposit within the time
stated. |
6. | TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem
taxes assessed against the leased premises. |
|
7. | UTILITIES: |
A. | The party designated below will pay for the following utility charges to the leased
premises and any connection charges for the utilities. (Check all that apply.) |
N/A | Landlord | Tenant | ||||||||||
(1) Water |
o | o | o | |||||||||
(2) Sewer |
o | o | o | |||||||||
(3) Electric |
o | o | o | |||||||||
(4) Gas |
o | o | o | |||||||||
(5) Telephone |
o | o | o | |||||||||
(6) Trash |
o | þ | o | |||||||||
(7) Cable |
o | o | o | |||||||||
(8) |
o | o | o | |||||||||
(9) All other utilities |
o | o | o |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 4 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
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 Landlords
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 Tenants intended use. |
D. | After-Hours HVAC Charges: HVAC services means the utility expenses to heat
and cool the leased premises. (Check one box only.) |
o | (1) Landlord is obligated to provide the HVAC services to the leased premises only during
the Propertys operating hours specified under Paragraph 9C. |
þ | (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 Tenants request,
provide HVAC services to the leased premises during other hours for an additional charge of
$75.00 per hour. Tenant will pay Landlord the charges under this paragraph immediately upon
receipt of Landlords invoice. 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 Landlords
procedures to make a request to provide the additional HVAC services under this paragraph. |
||
o | (3) Tenant will pay for the HVAC services under this lease. |
8. | INSURANCE: |
A. | During all times this lease is in effect, Tenant must, at Tenants expense, maintain in
full force and effect from an insurer authorized to operate in Texas: |
(1) | public liability insurance in an amount not less than $1,000,000.00 on an
occurrence basis naming Landlord as an additional insured; and |
||
(2) | personal property damage insurance for Tenants business operations and contents
on the leased premises in an amount sufficient to replace such contents after a casualty
loss. |
B. | Before the Commencement Date, Tenant must provide Landlord with a copy of the insurance
certificates evidencing the required coverage. If the insurance coverage changes in any
manner or degree at any time this lease is in effect, Tenant must, not later than 10 days
after the change, provide Landlord a copy of an insurance certificate evidencing the
change. |
C. | If Tenant fails to maintain the required insurance in full force and effect at all
times this lease is in effect, Landlord may: |
(1) | purchase insurance that will provide Landlord the same coverage as the required
insurance and Tenant must immediately reimburse Landlord for such expense; or |
||
(2) | exercise Landlords remedies under Paragraph 20. |
D. | Unless the parties agree otherwise, Landlord will, at Landlords 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 liability
insurance in an amount that Landlord determines reasonable and appropriate. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 5 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
E. | If there is an increase in Landlords insurance premiums for the leased premises or
Property or its contents that is caused by Tenant, Tenants 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 be equal to the actual amount of the increase
in Landlords insurance premium. |
9. | USE AND HOURS: |
A. | Tenant may use the leased premises for the following purpose and no other: General
Office use, data storage, including without limitation operation of data servers, customer
service call handling and other uses incidental or related to such uses. |
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. |
C. | The Property maintains operating hours of (specify hours, days of week, and if
inclusive or exclusive of weekends and holidays): 7 a.m 7 p.m Monday thru Friday
Saturday 8 a.m 1 p.m; provided that the supplemental A/C unit for the data room may run 24
hours a day. |
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 tenants normal business operations
or Landlords management of the Property; |
||
(3) | any activity that violates any applicable law, regulation, zoning ordinance,
restrictive covenant, governmental order, owners association rules, tenants
association rules, Landlords rules or regulations, or this lease; |
||
(4) | any hazardous activity that would require any insurance premium on the Property
or leased premises to increase or that would void any such insurance; |
||
(5) | any activity that violates any applicable federal, state, or local law, including
but not limited to those laws related to air quality, water quality, hazardous
materials, wastewater, waste disposal, air emissions, or other environmental matters; |
||
(6) | the permanent or temporary storage of any hazardous material; or |
(7) | |||
B. | Hazardous material means any pollutant, toxic substance, hazardous waste, hazardous
material, hazardous substance, solvent, or oil as defined by any federal, state, or local
environmental law, regulation, ordinance, or rule existing as of the date of this lease or
later enacted. |
C. | Landlord does not represent or warrant that the leased premises or Property conform to
applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious
ground cover ratio requirements, and other matters that may relate to Tenants intended
use. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 6 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
11. | SIGNS: |
A. | Tenant may not post or paint any signs at, on, or about the leased premises or Property
without Landlords written consent. Landlord may remove any unauthorized sign, and Tenant
will promptly reimburse Landlord for its cost to remove any unauthorized sign. |
B. | Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any
governmental order relating to signs on the leased premises or Property. Landlord may
temporarily remove any authorized sign to complete repairs or alterations to the leased
premises or the Property. |
C. | By providing written notice to Tenant before this lease ends, Landlord may require
Tenant, upon move-out and at Tenants expense, to remove, without damage to the Property or
leased premises, any or all signs that were placed on the Property or leased premises by or
at the request of Tenant. Any signs that Landlord does not require Tenant to remove and
that are fixtures, become the property of the Landlord and must be surrendered to Landlord
at the time this lease ends. |
12. | ACCESS BY LANDLORD: |
A. | During Tenants normal business hours Landlord may enter the leased premises for any
reasonable purpose, including but not limited to purposes for repairs, maintenance,
alterations, and showing the leased premises to prospective tenants or purchasers. Landlord
may access the leased premises after Tenants normal business hours if: (1) entry is made
with Tenants permission; or (2) entry is necessary to complete emergency repairs. Landlord
will not unreasonably interfere with Tenants 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 as to the condition |
|
14. | MOVE-OUT 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 when received, except for normal wear and tear. Tenant will leave the leased
premises in a clean condition free of all trash, debris, personal property, hazardous
materials, and environmental contaminants. |
B. | If Tenant leaves any personal property in the leased premises after Tenant surrenders
possession of the leased premises, Landlord may: (1) require Tenant, at Tenants expense,
to remove the personal property by providing written notice to Tenant; or (2) retain such
personal property as forfeited property to Landlord. |
C. | Surrender means vacating the leased premises and returning all keys and access
devices to Landlord. Normal wear and tear means deterioration that occurs without
negligence, carelessness, accident, or abuse. |
D. | By providing written notice to Tenant before this lease ends, Landlord may require
Tenant, upon move-out and at Tenants expense, to remove, without damage to the Property or
leased premises, any or all fixtures that were placed on the Property or leased premises by
or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove
become the property of the Landlord and must be surrendered to Landlord at the time this
lease ends. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 7 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
15. | MAINTENANCE AND REPAIRS: |
A. | Cleaning: Tenant must keep the leased premises clean and sanitary and promptly
dispose of all garbage in appropriate receptacles. þ Landlord o Tenant will
provide, at its expense, janitorial services to the leased premises that are customary and
ordinary for the Property type. |
B. | Repairs of Conditions Caused by a Party: Each party must promptly repair a
condition in need of repair that is caused, either intentionally or negligently, by that
party or that partys guests, patrons, invitees, contractors or permitted subtenants. |
C. | Repair and Maintenance Responsibility: Except as provided by Paragraph 15B, the
party designated below, at its expense, is responsible to maintain and repair the following
specified items in the leased premises. The specified items must be maintained in clean and
good operable condition. If a governmental regulation or order requires a modification to
any of the specified items, the party designated to maintain the item must complete and pay
the expense of the modification. The specified items include and relate only to real
property in the leased premises. Tenant is responsible for the repair and maintenance of
its personal property. (Check all that apply.) |
N/A | Landlord | Tenant | ||||||||||
(1) Foundation, exterior walls, roof, and other structural components |
o | þ | o | |||||||||
(2) Glass and windows |
o | þ | o | |||||||||
(3) Fire protection equipment and fire sprinkler systems |
o | þ | o | |||||||||
(4) Exterior & overhead doors, including closure devices, molding, locks, and hardware |
o | þ | o | |||||||||
(5) Grounds maintenance, including landscaping and ground sprinklers |
o | þ | o | |||||||||
(6) Interior doors, including closure devices, frames, molding, locks, and hardware |
o | þ | o | |||||||||
(7) Parking areas and walks |
o | þ | o | |||||||||
(8) Plumbing systems, drainage systems, electrical systems, ballast and lamp
replacement, and mechanical systems, except those specifically designated
otherwise |
o | þ | o | |||||||||
(9) Heating Ventilation and Air Conditioning (HVAC) systems |
o | þ | o | |||||||||
(10) Signs and lighting: |
o | þ | o | |||||||||
(a) Pylon |
o | þ | o | |||||||||
(b) Facia |
o | þ | o | |||||||||
(c) Monument |
o | þ | o | |||||||||
(d) Door/Suite |
o | þ | o | |||||||||
(11) Extermination and pest control, excluding wood-destroying insects |
o | þ | o | |||||||||
(12) Storage yards and storage buildings |
o | þ | o | |||||||||
(13) Wood-destroying insect treatment and repairs |
o | þ | o | |||||||||
(14) Cranes and related systems |
o | þ | o | |||||||||
(15) FilesAnywhere Building Signage |
o | o | þ | |||||||||
(16) N/A |
þ | o | o | |||||||||
(17) All other items and systems. |
o | þ | o |
D. | Repair Persons: Repairs must be completed by trained, qualified, and insured repair
persons. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 8 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
E. | HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph
15C(9), Tenant o is þ is not required to maintain, at its expense, a regularly
scheduled maintenance and service contract for the HVAC system. The maintenance and service
contract must be purchased from a HVAC maintenance company that regularly provides such
contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance
and service contract in effect at all times during this lease, Landlord may do so and
charge Tenant the expense of such a maintenance and service contract or exercise Landlords
remedies under Paragraph 20. |
F. | Common Areas: Landlord will maintain any common areas in the Property in a
manner as Landlord determines to be in the best interest of the Property. Landlord will
maintain any elevator and signs in the common area. Landlord may change the size,
dimension, and location of any common areas, provided that such change does not materially
impair Tenants use and access to the leased premises. Tenant has the non-exclusive license
to use the common areas in compliance with Landlords rules and restrictions. Tenant may
not solicit any business in the common areas or interfere with any other persons right to
use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. |
G. | Notice of Repairs: Tenant must promptly notify Landlord of any item that is in
need of repair and that is Landlords responsibility to repair. All requests for repairs to
Landlord must be in writing. |
H. | Failure to Repair: Landlord must make a repair for which Landlord is
responsible within a reasonable period of time after Tenant provides Landlord written
notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant
is responsible within 10 days after Landlord provides Tenant written notice of the needed
repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for
any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost
to repair or maintain; or (2) exercise Landlords remedies under Paragraph 20. |
16. | ALTERATIONS: |
A. | Tenant may not alter, improve, or add to the Property or the leased premises without
Landlords written consent. Landlord will not unreasonably withhold consent for the Tenant
to make reasonable non-structural alterations, modifications, or improvements to the leased
premises. |
B. | Tenant may not alter any locks or any security devices on the Property or the leased
premises without Landlords consent. If Landlord authorizes the changing, addition, or
rekeying of any locks or other security devices, Tenant must immediately deliver the new
keys and access devices to Landlord. |
C. | If a governmental order requires alteration or modification to the leased premises, the
party obligated to maintain and repair the item to be modified or altered as designated in
Paragraph 15 will, at its expense, modify or alter the item in compliance with the order. |
D. | Any alterations, improvements, fixtures or additions to the Property or leased premises
installed by either party during the term of this lease will become Landlords property and
must be surrendered to Landlord at the time this lease ends, except for those fixtures
Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree
otherwise in writing. |
17. | LIENS: Tenant may not do anything that will cause the title of the Property or leased
premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property
or leased premises, Tenant will within 20 days after receipt of Landlords demand: (1) pay the
lien and have the lien released of record; or (2) take action to discharge the lien. Tenant
will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 9 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway |
18. | LIABILITY: To the extent permitted by law, Landlord is NOT responsible to Tenant or
Tenants employees, patrons, guests, or invitees for any damages, injuries, or losses to
person or property caused by: |
A. | an act, omission, or neglect of: Tenant; Tenants agent; Tenants guest; Tenants
employees; Tenants patrons; Tenants invitees; or any other tenant on the Property; |
B. | fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, riot, strike,
interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons,
environmental contaminants, or other occurrences or casualty losses. |
19. | INDEMNITY: Each party will indemnify and hold the other party harmless from any property
damage, personal injury, suits, actions, liabilities, damages, cost of repairs or service to
the leased premises or Property, or any other loss caused, negligently or otherwise, by that
party or that partys employees, patrons, guests, or invitees. |
20. | DEFAULT: |
A. | If Landlord fails to comply with this lease within 30 days after Tenant notifies
Landlord of Landlords failure to comply, Landlord will be in default and Tenant may seek
any remedy provided by law. If, however, Landlords non-compliance reasonably requires more
than 30 days to cure, Landlord will not be in default if the cure is commenced within the
30-day period and is diligently pursued. |
B. | If Landlord does not actually receive at the place designated for payment any rent due
under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails
to comply with this lease for any other reason within 10 days after Landlord notifies
Tenant of its failure to comply, Tenant will be in default. |
C. | If Tenant is in default, Landlord may: (i) terminate Tenants right to occupy the
leased premises by providing Tenant with at least 3 days written notice; and (ii)
accelerate all rents which are payable during the remainder of this lease or any renewal
period without notice or demand. Landlord will attempt to mitigate any damage or loss
caused by Tenants breach by using commercially reasonable means. If Tenant is in default,
Tenant will be liable for: |
(1) | any lost rent; |
||
(2) | Landlords cost of reletting the leased premises, including brokerage fees,
advertising fees, and other fees necessary to relet the leased premises; |
||
(3) | repairs to the leased premises for use beyond normal wear and tear; |
||
(4) | all Landlords costs associated with eviction of Tenant, such as attorneys fees,
court costs, and prejudgment interest; |
||
(5) | all Landlords costs associated with collection of rent such as collection fees,
late charges, and returned check charges; |
||
(6) | cost of removing any of Tenants equipment or fixtures left on the leased premises
or Property; |
||
(7) | cost to remove any trash, debris, personal property, hazardous materials, or
environmental contaminants left by Tenant or Tenants employees, patrons, guests, or
invitees in the leased premises or Property; |
||
(9) | cost to replace any unreturned keys or access devices to the leased premises,
parking areas, or Property; |
||
(10) | any other recovery to which Landlord may be entitled under this lease or under law. |
21. | ABANDONMENT, INTERRUPTION OF UTILTIES, REMOVAL OF PROPERTY, AND LOCKOUT:
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with
regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal
of Tenants property; and (d) lock-out of Tenant. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 10 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
22. | HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant
will become a tenant-at-will and must vacate the leased premises immediately upon receipt of
demand from Landlord.
No holding over by Tenant, with or without the consent of Landlord, will extend this lease.
Tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the
holdover. Rent for any holdover period will be 2 times the base monthly rent plus any additional
rent calculated on a daily basis and will be immediately due and payable daily without notice or
demand. |
24. | ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the
Property. Tenant may not assign this lease or sublet any part of the leased premises without
Landlords written consent. An assignment of this lease or subletting of the leased premises
without Landlords written consent is voidable by Landlord. If Tenant assigns this lease or
sublets any part of the leased premises, Tenant will remain liable for all of Tenants
obligations under this lease regardless if the assignment or sublease is made with or without
the consent of Landlord. |
25. | RELOCATION: |
o
|
A. | By providing Tenant with not less than 90 days advanced written notice, Landlord may
require Tenant to relocate to another location in the Property, provided that the other
location is equal in size or larger than the leased premises then occupied by Tenant and
contains similar leasehold improvements.
Landlord will pay Tenants reasonable out-of-pocket moving expenses for moving to the other
location. Moving expenses means reasonable expenses payable to professional movers, utility
companies for connection and disconnection fees, wiring companies for connecting and
disconnecting Tenants office equipment required by the relocation, and printing companies
for reprinting Tenants stationary and business cards. A relocation of Tenant will not change
or affect any other provision of this lease that is then in effect, including rent and
reimbursement amounts, except that the description of the suite or unit number will
automatically be amended. |
||
þ
|
B. | Landlord may not require Tenant to relocate to another location in the Property without Tenants prior consent. |
26. | SUBORDINATION: |
A. | This lease and Tenants leasehold interest are and will be subject, subordinate, and inferior
to: |
(1) | any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or
the Property that Landlord authorizes; |
||
(2) | all advances made under any such lien, encumbrance, or ground lease; |
||
(3) | the interest payable on any such lien or encumbrance; |
||
(4) | any and all renewals and extensions of any such lien, encumbrance, or ground lease; |
||
(5) | any restrictive covenant affecting the leased premises or the Property; and |
||
(6) | the rights of any owners association affecting the leased premises or Property. |
B. | Tenant must, on demand, execute a subordination, attornment, and non-disturbance
agreement that Landlord may request that Tenant execute, provided that such agreement is
made on the condition that this lease and Tenants rights under this lease are recognized
by the lien-holder. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 11 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
27. | ESTOPPEL CERTIFICATES: Within 10 days after receipt of a written request from Landlord,
Tenant will execute and deliver to Landlord an estoppel certificate that identifies: |
A. | any breach of the lease; |
||
B. | the then current rent payment and rent schedule; |
||
C. | the date the next rent payment is due; |
||
D. | any advance rent payments; |
||
E. | the amount of the security deposit; |
||
F. | any claims for any offsets; |
||
G. | the then current term of the lease; |
||
H. | any renewal options; |
||
I. | Tenants possession and acceptance of the leased premises and improvements; |
||
J. | any ownership interest by Tenant; and |
||
K. | any other information reasonably requested in the certificate. |
28. | CASUALTY LOSS: |
A. | Tenant must immediately notify Landlord of any casualty loss in the leased premises.
Within 20 days after receipt of Tenants notice of a casualty loss, Landlord will notify
Tenant if the leased premises are less than or more than 50% unusable, on a per square foot
basis, and if Landlord can substantially restore the leased premises within 120 days after
Tenant notifies Landlord of the casualty loss. |
B. | If the leased premises are less than 50% unusable and Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty,
Landlord will restore the leased premises to substantially the same condition as before the
casualty. If Landlord fails to substantially restore within the time required, Tenant may
terminate this lease. |
C. | If the leased premises are more than 50% unusable and Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty,
Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially
the same condition as before the casualty.
If Landlord chooses to restore and does not substantially restore the leased premises within
the time required, Tenant may terminate this lease. |
D. | If Landlord notifies Tenant that Landlord cannot substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may:
(1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant
of the estimated time to restore, and give Tenant the option to terminate this lease by
notifying Landlord within 10 days. |
E. | If this lease does not terminate because of a casualty loss, rent will be reduced from
the date Tenant notifies Landlord of the casualty loss to the date the leased premises are
substantially restored by an amount proportionate to the extent the leased premises are
unusable. |
29. | CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the
purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the
leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will
be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in
lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek
compensation from the condemning authority for its moving expenses and damages to Tenants personal property. |
|
30. | ATTORNEYS FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the
transaction described in this lease is entitled to recover prejudgment interest, reasonable attorneys fees, and
all other costs of litigation from the nonprevailing party. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 12 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
31. | REPRESENTATIONS: Tenants statements in this lease and any application for rental are material
representations relied upon by Landlord. Each party signing this lease represents that he or she is
of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes
any misrepresentation in this lease or in any application for rental, Tenant is in default.
Landlord is not aware of any material defect on the Property that would affect the health and
safety of an ordinary person or any environmental hazard on or affecting the Property that would
affect the health or safety of an ordinary person, except: |
. |
32. | BROKERS: |
A. | The brokers to this lease are: |
Preston Commercial Group, Inc
|
Stephen Lamure | |||||
Cooperating Broker
|
License No. | Principal Broker | License No. | |||
4826 Greenville Ave, suite 200, Dallas, TX 75206 | 3303 Lee Parkway, Suite 300, Dallas, TX | |||||
Address
|
Address | |||||
214-361-9898
|
214-941-9500 | 214-941-9502 | ||||
Phone
|
Fax | Phone | Fax | |||
sbeys@sbcglobal.net
|
slamure@dominuscommercial.com | |||||
E-mail
|
||||||
Cooperating Broker represents Tenant. | Principal Broker: (Check only one box) | |||||
þ represents Landlord only. | ||||||
o represents Tenant only. | ||||||
o is an intermediary between Landlord and Tenant. |
B. | Fees: |
þ | (1) Principal Brokers fee will be paid according to: (Check
only one box). |
þ | (a) a separate written commission agreement between Principal Broker and: |
þ Landlord o Tenant.
o | (b) the attached Addendum for Brokers Fee. |
þ | (2) Cooperating Brokers fee will be paid according to: (Check only one box). |
þ | (a) a separate written commission agreement between
Cooperating Broker and: |
o Principal Broker þ Landlord o Tenant.
o | (b) the attached Addendum for Brokers Fee. |
33. | ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked
in the Addenda and Exhibit section of the Table of Contents. If Landlords Rules and Regulations
are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord
may, at its discretion, amend from time to time. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 13 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway
34. | NOTICES: All notices under this lease must be in writing and are effective when hand-delivered,
sent by mail, or sent by facsimile transmission to: |
Tenant at the leased premises, | ||||||||
and a copy to: | Robert Hart | |||||||
Address: | 5424 Deloache Ave, Dallas, Texas 75220 | |||||||
Phone: | 214-378-5301 | Fax: | 214-696-3380 | |||||
Landlord at: |
||||||||
Address: | ||||||||
Phone: | Fax: | |||||||
and a copy to: |
||||||||
Address: | ||||||||
Phone: | Fax: | |||||||
35. | SPECIAL PROVISIONS: |
35.01 Landlord shall finish out the space per the attached floor plan at landlords cost. Any
costs related to potential additional space leased by the Tenant under a future agreement or
amendment to this lease will not no be paid pursuant to this lease.
35.02 Per the Expense Reimbursement Addendum, Tenant shall pay for its pro-rata share of the
monthly electricity costs of the building, currently estimated at $1.74 per square foot.
35.03 The security deposit, as defined in section 5, shall be Returned to Tenant on the 26th
month anniversary of the lease commencement provided that landlord has not received any rent
payment late, defined as after the 5th of the month due.
35.04 The months of May and June of 2011 basic rent shall be abated.
35.05 Landlord Represents and warrants that it owns the leased premises, that the leased
premises may be used by the Tenant for the purposes provided in paragraph 9A and to landlords
knowledge no condition exists which may interfere with tenants quiet enjoyment of the leased
premises.
35.06 Tenant shall be granted early possession prior to May 1, 2011 for move-in purposes.
35.07 This Lease must be fully executed by Landlord and returned to Tenant by Thursday, March
17, 2011 5:00 p.m. CDT.
36. | AGREEMENT OF PARTIES: |
A. | Entire Agreement: This lease contains the entire agreement between Landlord and
Tenant and may not be changed except by written agreement. |
||
B. | Binding Effect: This lease is binding upon and inures to the benefit of the parties
and their respective heirs, executors, administrators, successors, and permitted assigns. |
||
C. | Joint and Several: All Tenants are jointly and severally liable for all provisions of
this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants
regarding any term of this lease, its renewal, or its termination is binding on all Tenants. |
||
D. | Controlling Law: The laws of the State of Texas govern the interpretation,
performance, and enforcement of this lease. |
(TAR-2101) 6-7-02 | Initialed for Identification by Tenants: _____, _____, and Landlord: _____, _____ | Page 14 of 15 | ||
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
Commercial Lease concerning: 3301 Airport Freeway |
E. | Severable Clauses: If any clause in this lease is found invalid or unenforceable by a
court of law, the remainder of this lease will not be affected and all other provisions of this
lease will remain valid and enforceable. |
||
F. | Waiver: Landlords 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 Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants
that Tenant will enjoy possession and use of the leased premises free from material
interference. |
||
H. | Force Majeure: If Landlords performance of a term in this lease is delayed by
strike, lock-out, shortage of material, governmental restriction, riot, flood, or any cause
outside Landlords control, the time for Landlords performance will be abated until after the
delay. |
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I. | Time: Time is of the essence. The parties require strict compliance with the
times for performance. |
Brokers are not qualified to render legal advice, property inspections, surveys, engineering
studies, environmental assessments, tax advice, or compliance inspections. The parties should seek
experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of
this Lease, consult your attorney BEFORE signing.
Officeware Corporation | Chow Family, LLC | |||||||||||||
Tenant | Landlord | |||||||||||||
By
|
/s/ Deborah A. Bastian | 3/17/2011 | By | /s/ Doris Chow | 3/16/2011 | |||||||||
Date | Date | |||||||||||||
Printed Name |
Printed Name | |||||||||||||
Title
|
VP, Chief Financial Officer | Title | Manager | |||||||||||
Tenant |
Landlord | |||||||||||||
By
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By | |||||||||||||
Date | Date | |||||||||||||
Printed Name |
Printed Name | |||||||||||||
Title |
Title | |||||||||||||
(TAR-2101) 6-7-02 | Page 15 of 15 | |
Produced by Realty One Software, P.O. Box 2489, Amarillo, TX 79105, (806) 342-0217 |
COMMERCIAL LEASE RIDER
THIS COMMERCIAL LEASE RIDER is attached to and constitutes a part of the Commercial Lease
between Officeware Corporation, a Texas corporation (Tenant), and Chow Family LLC (Landlord)
(together with all other exhibits and addenda, the Lease). In the event of any conflict between
the terms of this Rider and the Lease, the terms of this Rider shall govern.
1. | Building Signage: Subject to the approval by the City of Bedford, Texas (the Signage
Requirements), Tenant shall have the non-exclusive right, at Tenants sole cost and expense,
to locate its company name and/or logo (Tenants Building Signage) on the exterior façade of
the Building in accordance with the specifications attached as Exhibit A. Tenant
shall, at Tenants sole cost and expense, maintain Tenants Building Signage in a first class
condition and in compliance with all Signage Requirements. Tenant shall, at its risk and
expense and at Landlords election, remove Tenants Building Signage and restore the Building
to its condition immediately preceding Tenants installation of Tenants Building Signage
within thirty (30) days following the occurrence of any of the following events: (1) the
termination of Tenants right to possess the Premises in accordance with the terms of this
Lease; (2) the final termination of this Lease; (3) the expiration of the Term as extended or
renewed; or (4) the undersigned Tenant ceases to lease and occupy at least 9,000 rentable
square feet in the Building. If Tenant fails to take any of the foregoing actions, Landlord
may, without compensation to Tenant and at Tenants expense, remove Tenants Building Signage
and perform the related restoration or repair work and dispose of Tenants Building Signage in
a manner Landlord deems appropriate. The rights set forth in this paragraph are personal to
Tenant and may not be assigned to any party including any sub-lessee. In addition,
notwithstanding anything herein to the contrary, after the two (2) year anniversary of the
Commencement Date of Lease, Landlord may terminate Tenants Building Signage right and require
Tenant to remove Tenants Building Signage and restore the Building to its condition
immediately preceding Tenants installation of Tenants Building Signage within sixty (60)
days if Landlord desires to grant building signage rights to another tenant leasing at least
30,000 rentable square feet in the Building. Should Tenant fail to install Tenants Building
Signage within 180 days following the commencement of this lease or remove Tenants Building
Signage for a period of more than 30 days, Tenants Building Signage right shall be
terminated. The actual electricity cost associated with Tenants Building Signage shall be a
cost paid by Tenant. |
2. | Paragraph 6 of the Lease shall be replaced with the following: Unless otherwise agreed by
the parties, Landlord will pay all real property ad valorem taxes assessed against the leased
premises. Landlord will use its best efforts to minimize all real property ad valorem taxes
assessed against the leased premises. |
3. | Paragraph 15, Section H. of the Lease shall be supplemented with the following: Landlord, in
all cases will make repairs for which Landlord is responsible within 20 days after Tenant
provides Landlord written notice of the needed repair. |
4. | Paragraph 20, Section B. of the Lease shall be replaced with the following: If Landlord
does not actually receive at the place designated for payment any rent due under this lease
within 5 days after it is due, Landlord shall provide Tenant notice of the sums due. If any
amount remains unpaid after 10 days following Landlords notice, Tenant will be in default.
If Tenant fails to comply with this lease for any reason within 30 days after Landlord
notifies Tenant of its failure to comply, Tenant will be in default. |
5. | Paragraph 23 shall be struck in its entirety. |
6. | The following shall be added to the end of Paragraph 24: Landlords consent shall not be
unreasonably withheld. Notwithstanding anything in the foregoing, Tenant may transfer or
assign all of its interest in this lease to the following types of entities without the
written consent of Landlord: A) an affiliate of Tenant; B) any entity in which or with which
Tenant or its corporate successors or assigns, is merged or consolidated, in accordance with
applicable statutory provisions governing merger and consolidation of business entities, so
long as Tenants obligations hereunder are assumed by the entity surviving such merger or
created by such consolidation; or C) any entity acquiring all or substantially all of Tenants
assets. |
7. | The following shall be added to the end of Paragraph 35: 35.08 Tenant shall have access to
the electrical closet on the first and third floor of the building during the term of the
lease. |
8. | The following shall be added to the end of Paragraph 35: This Lease and all Addendums may be
executed in two or more counterparts, all of which shall be considered one and the same
agreement and shall become effective when counterparts have been signed by each party and
delivered to the other party. This Agreement, once executed by a party, may be delivered to
the other party hereto by facsimile or electronic mail transmission of a copy of this
Agreement bearing the signature of the party so delivering this Agreement. |
LANDLORD:
CHOW FAMILY, LLC
By:
|
/s/ Doris Chow
|
TENANT:
OFFICEWARE CORPORATION
By:
|
/s/ Deborah A. Bastian
|
Printed Name: |
Deborah A. Bastian |
Title:
|
VP, Chief Financial Officer
|
Exhibit A
Preliminary renderings are attached.
Sign Details:
Signs Manufacturing (the current sign vendor) will provide a sign which letters are custom
manufactured with aluminum backs and sides, and have translucent plastic faces. They will be
illuminated with white LEDs inside them. It will require a dedicated 20Amp 120 Volt sign circuit
run to the interior of the wall to which the sign is attached. This will require a certified
General Electrical Contractor to provide the circuit, sign companies are only licensed to extend
those circuits 6. The sign would be controlled with a timer located at the power panel where the
Electrical Contractor will be installing the dedicated sign circuit. The overall length of the
display would be 24-3 (based on a 3/8 scale from the image provided).