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... 25 l ~ 1 TEXAS ASSOCIA TI 0 N OF REAL TO RS@ mJ COMMERCIAL LEASE This lease agreement is made and entered into by and between ONE SCHREINER CENTER LEAS ING INC. (Landlord) and Ci tv of San Marcos (Tenant). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain property with the improvements thereon, containing approximately 1885 sCII,!are feet, hereinafter called the "leased premises". known as Suite ~60, One. Schreiner Cent-er Kerrv~lle, Texas 78028, 819 Water Street. Kerrvillp. ~PXH~ 780?8 (Address), Lot . Block Addition, City of Kerrvi Ie , ~err County, Texas; or as more particularly described below or on attached exhibit: The primary term of this lease shall be 60 months commencing on the 1 st-. day of npr'pmnpr , 19~-.andendingonthe Last day of November . 19--9l-, upon the following terms, conditions, - and covenants: I. TAXES. Each year during the term of this lease, Landlord shall pay real estate taxes assessed against the leased premises in an amount equal to the total real estate taxes assessed against the leased premises in the base year. Each year during the term of this lease. Tenant shall pay as additional rental. upon receipt of a statement from Landlord together with tax statements or other verification from the proper taxing authority. his pro rata share of any increase in real estate taxes over the base year on the property of which the leased premises is a part. Any increase in real estate taxes for a fractional year shall be prorated. The base year shall be N/A. . 2. UTILITIES. Tenant shall pay all charges for utility services to the leased premises except for ~one, Landlord to pay all Utilities which shall be paid by the Landlord. 3. HOLDING OVER. Failure of Tenant to surrender the leased premises at the expiration of the lease constitutes a holding over which shall be construed as a tenancy from month to month at a rental of 110% of monthly per month. 4. RENT. Tenant agrees to and shall pay Landlord at Kerrvi lIe . County of Kerr , Texas, or at ~uch o~her place Landlord shall designate from time to time in writing. as rent for the leasf'.d oremises. the total sum of $ 90, 000 . 00 . payable without demand in equal monthly payments of $ I, 500 . 00 each in advance on or before the 1 s t day of each month. commencing on np r' 1. 1992--, and continuing thereafter until the total sum shall be paid. Adjustment to the rent. if any. for rent escalators. for percentage of net rent, or for increases in building operation costs (including but not limited to insurance, custodial services. maintenance and utilities) shall be as set forth in an attached addendum. Rent received after the first day of the month shall be deemed delinquent. If rent is not received by Landlord by the 15th of each month, Tenant shall pay a late charge of$ 25.00 plus a penalty of $ 2.00 per day until rent is received in full. Tenant shall pay $ 2') - 00 for each returned check. 5. USE. Tenant shall use the leased premises for the following purpose and no other: . Proqram Of f ices. 6. SECURITY DEPOSIT. Tenant shall pay to Landlord a security deposit in the sum of $ None , payable on or before the commencement of this lease for Tenant's faithful performance hereunder. Refund thereof shall be made upon performance of this lease agreement by Tenant. minus any assessments or damages unless Landlord and Tenant provide otherwise in Special Provisions. 7. INSURANCE. Landlord shall pay for fire and extended coverage insurance on the buildings and other improve- ments on the leased premises in an amount not less than $1.00 O. 000. 00 which amount shall be increased yearly in proportion to the increase in market value of the premises. If Landlord provides any insurance herein. Tenant shall pay to Landlord. during the term hereof. the amount of any increase in premiums for the insurance required over and above such premiums paid during the first year of this lease. Tenant shall provide public liability and property damage insurance for its business operations on the leased premises in the amount of $ N / A which policy shall cover the Landlord as well as the Tenant. Said insurance policies required to be provided by Tenant herein shall name Landlord as an insured and shall be issued by an insurance company approved by Landlord. Tenant shall provide Landlord with certificates of insurance evidencing the coverage required herein. Tenant shall be solely responsible for fire and casualty insurance on Tenant's property on or about the leased premises. If Tenant does not maintain such insurancdI1 full force and effect, Landlord may notify Tenant of such failure and if Tenant does not deliver to Landlord .within N/A days after such notice certification showing <Ill suC'h insurance to be in full force and effect, Landlord may at his option, take out the necessary insurance to comply with the provision hereof and pay the premiums on the items specified in such notice, and Tenant covenants thereupon on demand to reimburse and pay Landlord any amount so paid or expended in the payment of the insurance premiums required hereby and specified in the notice. with interest thereon at the rate of N/A percent per annum from the date of such payment by Landlord until repaid by Tenant. 8. CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in its present as is condition as suitable for the purposes for which the same are leased, and does hereby accept the leased premises regardless of reasonable deterioration between the date of this lease and the date Tenant begins occupying the leased premises unless Landlord and Tenant agree to,repairs or refurbishment as noted in Special Provisions. 9. MAINTENANCE AND REPAIRS. Landlord shall keep the foundation. the exterior walls (except glass; windows; doors; door closure devices; window and door frames. molding, locks. and hardware; and interior painting or other treatment of exterior walls), and the roof of the leased premises in good repair except that Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant. its employees, subtenants, licensees and concessionaires. Landlord is responsible for maintenance of the common area and common area equipment. If Landlord is responsible for any such repair and maintenance, Tenant agrees to give Landlord written notice of needed repairs. Landlord shall make such repairs within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs. Tenant shall keep the leased premises in good, clean condition and shall at its sole cost and expense, make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to be made by Landlord under this section. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord, Landlord may at its option make (TAR-006) 1/85 PaRe 1 or 3 PaRes