HomeMy WebLinkAboutLegal Documents
~ n
, f r/.. ,~rV- "U
}PoJ1~VJ<~~~~~< ..<
..:.,'.-.....1 ~. ," .' ~/
:.', ~. ...'
1?4/()
ADDENDUN TO LEASE AGREEMENT
FRANK KAHAN as Lessor, acting individually and as agent
for LESLIE FEIGENBAUM and MIRIAM FEIGENBAUM,. and A.W. WHITE,
M.D. as Lessee, hereby agree that WHITE as Lessee of the
property lcoated Lot I, Block I,K . F. o. Addition, Phase I,
College Station, Brazos County, Texas,andhis guests, invi-
tees, licensees, successors and assigns ,shallhav'e the right
of . access tothea.djoining Lot 2, Block 1,K.F.O.Addi tion,
Phase I, College StatIon, Brazos County, ,Texas, owned by
FRANK KAHAN, for the specific purpose of using the one park-
ing space and the trash dumpster located on the southwest
c;arner of that lot.
The right of access described above shall be in force
and effect for so long as the lease agreement between Les.sor
KAHAN and LesseeWH>ITE remains"ineffect. The right of ac....
cess' shall terminate immediately upon the termination of the
lease agreement..
SIGNED this I:.!
4~lf' f$F
day o,f November,. 19 85, to be effective
from
, 1985.
LESSOR:
..
CEl~Tl\.INPROVISIONS OFTH I SLEASE
MAY.'..'"BE... SUBJECT ...TO....THEARBITRA-
TION>PROVISIONSOFTHE'TEXAS
GENERAL ARBITRATION ACT.
COMMERCIAL LEASE
WHEREAS, FRANK KAHAN AND LESLIE FEIGENBAUM AND MIRIAM
FEIGENBAUM,represented by their agent Frank Kahan, herein
referred to as>Lessors, are the owners ofa certain tract of
land located at 2305 Texas Avenue in the City of College
Station, BrazosCounty,Texas~ on which a 3,600 square foot
building is located; and,
WHEREAS,A.W. WHITE, M.D>. and THOMAS D.COOK" herein-,
after referred to as Lessee, whether one or more, desires to
lease said"tract; and,
WHEREAS, Frank Kahan, Leslie Feigenbaum and Miriam Feigen-
baum and Lessee I has agreed on the terms of alea-seagreement
for the tract described '. asa134'x130' tract located I at 2305
Texas. Avenue South, <College Station, Texas on which is located
a 60' x 60'metalbuilding,formerly the location of theBr ldal
Boutique,andwl1ichis more particularly shown and described on
Exhibit A which is attached hereto and ,incorporated herein for
all purposes;
NOW, THEREFORE, I in consideration of the above-recited
premises and the mutual covenan,tsand undertakings hereinafter
setout, it is covenanted and agreed as follows:
Demise and Description of Property
(1) Lessors hereby lease to Lessee, and Lessee hereby
leases from Lessors that certain real property, hereinafter
called the lease premises, situated in Brazos County, Texas, in
the City .of College Station, and described mor'e fully on
Exhibit A attached hereto and made a part hereof.
be for a period of seven
(7) years,'hereinafter called<theprima~y term, commencing on
theIst day of July, 1985, and ending on the 30th day of June,
1992 ,subject, however ,to' earJ.ier termination as hereinafter
more.....particularly provided.
Rent, Taxes and Insurance
(3)a~
For an'd dur ing the term of this lease., Lessee
shall pa.y to LesSors as rent for the lease premises the total
rental of Two Hundred Eighty-two Thousand and No One--hundredths
Dollars ($282,OOO.00l,payableasfollows:.
For the first year of the lease, a rental of
inL advance in the sum of .$2,500. 00 per
month;
the second year of the lease , a rental
of $36,0001100, payable in equal monthly installments in advance
of $3, OOO'~OO per month; and,
iii. For each of the last five (5) years of the
lease term, the sum of $43,200.0'0 per year, payable in equal
monthly installments in advance of $3,600.00 per month.
b. If Lessors' ad valorem taxes with respect to the
demised property increase above the rates set for the 1984 tax
year, Lessee agrees to pay such increase in taxes to Lessors by
February 15,1986, and each succeeding F.ebruary 15th thereafter
following the year in which the taxes increase over the prior
year 'samount .By January 15 of each year following a year in
which taxes increase over the previous year 's taxes, Lessors
shall give to Lessee a statement showing how the increase was
calculated.
c. If <Lessors 'fireand extended coverage insurance
. I
premium with respect to the demised property increases above '
that for the 1984--1985 fire and extended coverage insurance
premium on. said property, Lessee agrees to pay such increase in
pr,emium to Lessors by February 15, 198.6, and ea~ch succeeding
.
in which the pre-
to Lessee a
the seven
( 7 ) year
notice of
the
'rate for
rate for
in Brazos
of the lease
or allow to be commi tted,
or. 'a,llowan,}~," ',!llli:sanceto"
or, allow the premises to be used
for any unlawful purposes.
of utilities
for all utilities furnished the
premises for the term of. this ,lease, including electricity,
gas, et cetera.
Repairs and Maintenance'
and keep the
the parking lot,
sidewalks and interiors
equipment, plumbing,
heating, dishwasher a~d all interior parts of the building in
Lessors shall maintain in good conditions the
Surrender
has inspectedthepreIriises and building in a
thorough manner and are sa.tisfied it is(icceptableforthe,use
which they intend for the buIlding. Lessee will accept it and
occupy it under the terlI!,sof 'this lease. Lessee agrees to
surrender the premises to the Lessors at the end of the lease
term in the same condition as when Lessee took possession
except for the ordinary and reasonable use and wear, excer>t for
damages caused by acts of God and other hazards not caused by
the Lessee's ne'gligence.,
Partial Destruction of Premises
(9) Partial destructionc:>fthe lease premises shall not
render this lease void or voidable, or terminate it except as .
herein provided. If the premises are partially destroyed dur-
icn9 the term of t,hislease, Lessors shall repair them, when
such repairs can be made in conformity with local, state and
federal laws and regulations within one "hundred and twenty
(120) days of the partial destrLl.ctlon. Rent for the ,premises
will bereducedp~oportionatelyto the extent to which the
repair operations interfere with the normal conduct of Lessee's
business on the premises. If the repairs cannot be made within
the time limit, Lessors have the option to make them within a
reasonable time and continue this lease in effect with propor-
tional rent rebate to Lessee as provided for herein. If the
repairs [cannot be so made in one hundred- twenty days (120)
make them within a reasonable
time, eitherpartyheretohcas the option to terminate this
'lease. I>fthebuildingismore than one-third <1/3) destroyed,
Lessors may, at their option, terminate the lease whether it
can be repaired in 120 days or not. If the parties cannot
agree on whether one-third of the building has been destroyed,
then this fact shall be determined. by an appraiser and/or
building contractors mutually agreeable to the parties. Les-
sors shall be under no obligation to make any repairs under
-4-
this paragraph until they have received written notification of
the nature of the item to be repaired.
Sign
sign on the
premi ses> next to Texas Avenue describing other .~developments and
I
businesses located on the'largertrac,t from which the demised
premises" are carved. with Lessee' sconsent, which will not be
unreasonably withheld , such sign will ~eplaC?.~d so as not to
interfere with the Lessee's business operations.
Harmless and Liability Clause
(11) The Lessee agrees to hold the Lessors harml.ess for
injury or damage'andallcosts~ndfeesincurred asa result of
any claimqr suit against Lessor a~isingoutof any injury or
dgmages 'to Lessee, Lessee's employees, agents, customers,
licensees and otherpers()nswho come upon the premises at his
invitation or for.thepurposeof serving him. In this rE7spect,
Lessee agrees to carry public liability insurance in a carrier
accept;a.b,le 'to Less'G're and in amounts ,~nd,:'c,pver,age:~'ac~eptable
to Lessors and shall provide Lessors proof of such coverage.
Lessee shall not be liable to the Lessors for damage to the
demised premises except damage caused by Lessee's neg! igence.
In this connection, Lessors agree to carry fire and extended
coverageinsurallceunderthe standard Texa.s insurance:policy on
the premise s.
If the loss to the building or the premises is
covered under Lessors' exten<ledcoverage, then Lessee shall not
be responsible for such damage, but if the loss or damage is
not covered by Lessee's insurance and is the result of Lessee's
negligence, then Lessee shall be responsible.
Assignment or Sublease
(12) Lessee may assignor sublease the premises leased,
any part thereof, or any right or privilege connected there-
with ,butshall.gi,veLessor's notice of the name of the person
or firm to whom the property is subleased prior to the execu....
tionof such lease and Lessors may refuse to allow a sublease
-5-
if the sublesseeis'anuI'lacceptable cre.dit risk or intends to
operate any illegal> activity on. the premises. Lessee shall not
be released from its obligations hereunder during the terms of
any sublease.
Lease Breach by Lessee's Receivership, Assignment
for Benefit of Creditors, Insolvency or. Bankruptcy
(13) Appointment of a receiver to take possession of les-
see' assets {except a receiver appointed at Les-s-ors' request as
hereinprovidedl,Lessee'sgeneralassignment fo~ benefit of
creditors, or Les.se,e' sinsolvencyor taking or suffering action
under the Bankruptcy Act is a breach of this lease.
Lessors'Remedies 'o'n Lessee's Breach
(14) If Lessee breaches this lease or any covenant or con-
di tion contained herein, or fails to make timely payments of
any rental or other required ,payment due under this lea,se,
Lessors shall have the following remedies in addition to their
other;rightsandremedies ill such event:
Re....entry
a. Lessors may re-enter the premises immediately and
remove al.l.Les.see.'s.... personnel...... and property ..therefrom. Lessors
may storethe.property in a public warehouse or at another
place of their . choosing at Lessee 's expense or to Lessee's
account;
Termination
b. After re-entry, Lessors may terminate the Lease
on gl.vJ.ng ten CIOldays' written notice, of such termination to
Lessee. Re-entry only, without notice of termination, will not
terminate ...... the lease ;
RelettingPremises
c. After re-entering, Lessors may relet the premises
oran,y part.thereof, for any term, wi thorwi thoutterminating
the lease at such rent and" on such terms as they may choose;
Liability of Lessee on Reletting
- .
i. Lessee is liable to Lessors 'in addition to
his other liability for breach of the lease for all expenses of
thereletting, and for any.nece.ssary repairs made for damages
caused by. Lessees. In additic)O.,Lessee. is liable to Lessors
forthedifferenc~betweenthe: rent received by Lessors . under
therelettingandthe rent :installments that are due for the
sameperiod..under.....this... lease.
-6-
c. To rent due under this lease;
D.Topaymentof future rent under this
lease .,.asit b.ecomesdue.
I'.' .-----.~
Lessee"to Pay"Lessors"Attorney's Fees
file an action to enforce any covenant of
this lease,orfor<breachofanycovenant>herein, Lessee agrees
attorneys' fees and costs
incurred as. a result if Lessee is found to be in default by a
court of competent jurisdiction under the terms'and conditions
of this lease.
the provisions of this
lease or nec~;:~i,sary tocax"rl"ou'c its provisions, shall be in
writing, "and delivered personally to the person to whom the
notice is to be given, or mailed postage prepaid, addressed to
such ,pers'on.
Lessors' address for this purpose shall be 748
South Rosemary Drive, Bryan, Texas, 77801, or such other
address as he may in 'writing designate to Lessee.
Notices to
Lessee may be addressed to Lessee at the leased premises , or
such other address at the Lessee may designate in writing to
(17) Lessors' waiver of breach of one covenant or condi-
tion of this lease is not a waiver or breach of others, or of
subsequent breach of one waived. Lessors' acceptance of rental
installments after breach is not a waiver of breach, except of
breach of the covenant to pay the rent installment or install-
ments accepted.,
-7-
are
and
the condem-
leave the
for which
unless
giving written notice
The effect' of such condemnation,
terminate the
the premises condemned, and leave it
the remainder of the premises. Lessee's rental
in such case be
usefulness of the premises to
is reduced. All compensation
awarded in the eminent domain proceeding as a result of such
Lessee hereby assigns and
to compensation
If such condem-
of usefulness of the
at his
been
engaged, said
If the parties
of the heretofore mentioned persons, then
shall be by arbitrat,ionunder Texas law.
-8~
)~'!".,.. "'" -'''''''~
tract
under and in accor-
in Brazos
C)X~ /
, 1985.
LESSORS:
acknowledged bef ore me on the
and
-9.....
,",,=~' .v dl~, "N"" -''''M .~. ~"\"""c.'..&'",,''''> 4' .~., "...>,., <",&..,~;,;,...;'".;..,- ../j '.,i;;";'l';~"""~'l<'''''';'' . ,.~> ".;<~~~~~;;~;.bJiii@E"ti'i~~;';~~;Ef~~H;;::;:,;Y;~~1f~~f~'<:*,:.:',:r>:;;',,'-."
:.;'~'I-;:<<->."
\t
","""~~"'\b
,~~i~:i;'::~:,:,-,~,.....~, .J
COUNTY OF BRAZOS
This instrument was'acknowledg~dd "'bef ore me on the
~_ . , J.I .'j 1 ,.-,~. ..'
~L- day of I/(,.()l.-l~/_,
/1
~.
, 1985, by A. W.White, M."D.
/
//'. -;( J l ....,
.' . ./;1,.-;, ';~ '.' ," /.., . " .I
. .-' .. c', :--~>/7 . .~,. [".c,t., ,_ A. , ._.
.:-- . ,".. .' "
,"<~. { / /(.-
My commission
Notary Public, State of Texas
Notary's printed name:
~!l.ol- L':, 7;'~'(T7[/2-<
STATE
COUNTY OF BRAZOS
was acknowledged before me on the
_..~ i
;", ~'l/'
~'I . day of /)( UJ...)-
v
, 1985, by Thomas D. Cook.
....... !)/..... '}z. (~?< . t/.-l-':-,'<z j )
,<.yet ,(/., < Jj(. .t ,,( LC.'d_/ '-~
Notary Public, State of Texas
Notary's printed name:
~~.fi(:;/LIE 6~-/~~~_r-TTZ:~~ _
i.!.'v ~
~ I Z. t~
-.- . ---1'<
.6t)
'.{