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<br /> 204
<br /> RETAIL SPACE LEASE AGREEMENT
<br />
<br /> THIS LEASE AGREEMENT ("Agreement" or "Lease"), made and entered into this - day of
<br /> September, 199 li. by and between * (hereinafter called "Landlord") and
<br /> City of San Marcos, Texas, a Mun i c i pa 1 it Y(hereinafter called "Tenant").
<br /> * J. Allen Family Partners, Ltd., et al
<br /> WITNESSETH:
<br /> .1. J.,easc Grant. For and in consideration of the covenants, agreements and stipulations
<br /> herein contained, Landlord does hereby demise and lease unto Tenant. and Tenant docs hereby take, rent
<br /> and hire from Landlord for the term and upon the terms and conditions hereinafter set out that certain
<br /> space containing approximately 1 , 594 rentable square feet, being hereafter referred as the "Demised
<br /> Premises," and being known as Suite -' Unicorn Plaza ,a shopping center
<br /> located in New Braunfels, TX(hereinafter called the "Shopping Center"), on that tract of land
<br /> more particularly described on Exhibit" A." The Demised Premises is outlined on the plan of the
<br /> Shopping Center attached hereto as Exhibit "B." Both Exhibit "A" and "B" are attached hereto and made
<br /> a part hereof for all purposes, and are identified by the parties as evidenced by their signatures or initials
<br /> thereon.
<br /> 2. Imn. The term ofthis Lease will begin with the Rent Commencement Date. The Rent
<br /> Commencement Date is defined to be the earlier to occur of (i) the .1..s.t... day of Nov. ,199.8 (H)
<br /> the date of substantial completion of improvements to be undenaken by Landlord, if any, or (Hi) the date
<br /> Tenant opens for business in the Demised Premises. This Lease will terminate (unless extended under the
<br /> provisions of this Lease) on the last. day of thS 0 t h full calendar month aOer Rent Commencement Date.
<br /> unless sooner terminated in accordance with the terms and conditions hereinafter set fonh. AllY
<br /> ocèupancy of the Demised Premises by Tenant prior to the Rent Commencement Date shaH be subject to
<br /> all of the terms and provisions of this Lease. A "lease year" as used herein shall mean that period
<br /> beginning with the first day of the first full calendar month of the Lease Term and ending on the last day
<br /> of the twelfth full month of the Lease Term. For all purposes of this Agreement, the term, "Effective
<br /> Date" shan be the date of acceptance hereof by Landlord. . Notwithstanding the fact that the rent
<br /> hereunder shall commence at a date subsequent to the Effective Date of the Agreement, Landlord and
<br /> Tenant intend and agree that each shall h~ve vested rights immediately upon execution of this Agreement
<br /> and that it is intended that this Agreement shall be fully binding upon the parties, and shall be in full
<br /> force and effect from and after the execution hereoCby Landlord and Tenant.
<br /> 3. Rental.
<br /> A. Basic Rent. Tenant agrees to pay to Landlord at its office in thc City of Austin,
<br /> Travis County, Texas, a Basic Rent, annually, in the total sum of $15 , 300 , which shan be paid in
<br /> equal monthly installments of $ 1 , 275 , with the first of such installments to be paid in advance on the
<br /> Rent Commencement Date and a like installment to be paid in advance on or before the first day of each
<br /> successive calendar month thereafter during the Term of the Lease. If the Term of this Lease does not
<br /> commence on the first day of a calendar month, Tenant shall pay to Landlord in advance a pro rata part of
<br /> such monthly installment as the Basic Rent for such first panial month. SEE SPECIAL PROVISION 43.
<br /> B. Additional Ren\. In addition to the Basic Rent provided above, Tenant shall
<br /> pay to Landlord, on the due dates provided for payment of the monthly installments of Basic Rent, a
<br /> monthly charge equal to Onc.Twelfth of the Additional Rent as hereinafter provided. *"Tenanl's Share", as
<br /> that term is used herein, shall mean a fraclion, the numerator of which is the rentable area (in square feet)
<br /> of the Demised Premises and the denominator of which is the total rentable area (in square feet) in the
<br /> Shopping Center. The Additional Rent shall be Tenant's Share of the sum of the following:
<br /> (i) Insurance - The total premium (s), together with any increases thereof, for
<br /> Landlord's policy or policies of insurance insuring the Shopping Center against damage or
<br /> destruction by. fire or other casualties insured under extended coverage endorsement (or such
<br /> çther coverage as Landlord shall determine to be necessary, including, but not limited to,
<br /> umbrella liability coverage). Landlord will periodically notify Tenant of Tenant's Share of said
<br /> premium (s), and Tenant's Share of an increases. If actual amounts are unavailable, Landlord
<br /> may estimate the amounts of such premiums and increases.
<br /> (ii) Real Prooertv Taxes - The Shopping Center's real property taxes, hereinafter
<br /> defined. For the purpose of this section, the "Shopping Center's real property taxes" means the
<br /> total of all ad valorem taxes assessed by any lawful authority against the land, buildings and
<br /> other improvements comprising the Shopping Center at the commencement ofthe Term of this
<br /> Lease, and the total of all increases thereofin any and all tax years throughout the Term of this
<br /> Lease, whether such increases arc occasioned by an increase in the tax rate thereon, an increase
<br /> * in excess of those charges for .the 1998 calendar year.
<br /> 1/11 Landlord:
<br /> Tenant:
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