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-rHE S T A l-E OF TOEXAS:
COUNTY OF BRAZOS:
LEASE AGREEMENT
THIS AGREEMENT made the FIRST (1) DAY OF JUNE 1988, by and
between 803 WELLBORN ROAD LTD. herein known as LESSOR, and PHI DELTA THETA
herein known as LESSEE;
WITNESSETH, that the said LESSOR does by this presents Lease and
Demise unto the said LESSEE the fOllowing described property, to-wit:
Lying and being .situated in the City of COllege Station and
County of Br-azos, State of" Texas. cant.aT n ing an area of
approximately 3, 080squaref"eet incllJd i ng the night club and
outside bathroom and storage area. The address is 805e Wellborn
Highway, Co 11 egeStat i on. Texas andtr)eboundar i es and 1 ()cat ion
of the leased premises are outlined in red on the site plan
(which is attached hereto as Exhibit "A" and made a part hereof).
The lease premises are to be used as a fraternity club hous and
for no other ~~rpose whatsoever unless permission is given by
LESSOR.
The term shall be for Seven (7) months beginning the 1st day of
June 1988 and ending'the 31st day of December, 1988 and not otherwise paying
$1000.00 per month payable on the first day of each month thereafter, with
a 10'1. penalty aFter the 10th, upon the conditions and covenants followIng:
I. TAXES. LESSOR agrees to pay all Ed valorem taxes on the
property whenever they becomei due and.LESSEE will assume and pay the pro
rata share of any increase i~ad valorem~axes imposed durfng any year
after the end of the year 1988. With a 1 0'7. pena 1 ty after 1 0 days.
2. RENT. LESSEE sh~ll payallrent at the oFFice of the 803
WELLBORN LTD. at 310 University Drive East~ College statlon~ Brazos County,
Texas, as the same shall falljdue at such other place as LESSOR may in
writing design~te.
3. TRASH. All trash and refuse deposited outside the building
and parking lot must be place9 in sufficient receptacles, approved by the
Public Works Departmentofth~ City haVing jurisdiction at LESSEE'S
f1)(~)en g@ i
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4. .oRDINANCES. LESSEE shall promptlv executeand'fu1'fi1l all the
ordinances of the city corpor~tion or other governmental agency apPlicable
to said premises because afL~SSEE'Susethereof during the said term, all
at LESSEE'S expense. LESSEE also further agrees and covenants to comply
with a I 1 laws, state ,1 aca I aTd federaL
5. FIRE. Damage by'fire: ShOUld the building, in which the
leased premises are located. be totally or substantially destroyed by 'ffre,
explosion, tornado, Act of Godar anyun'foreseen cause over which LESSEE
had no reasonab 1. e cOntro I, so that such I eased premi ses are un'fi t for the
conduct of LESSEE'S bus i nes.. the LESSOR sha 1 1 pr,omptl y repa f'r such damage.'
and if the repairs are not complete within one hundred and eighty (180)
days then LESSEE shall have the right. by giVing notice to LESSOR, to
terminate this agreement, said termination effective upon receipt of the
notice and all rents and other Charges shall be adjusted to the date of
such destruction. If, however-, such damage is only partial and LESSEE'S
bus i ness i s on I y temporarll y closed of i nconven I enced, the LESSOR sha 1 1
orompty repair such damage,and during the time from the occurrence of such
damage until the pr-emises of the monthly rental as the part of the premises
which are usable shall the rerit herein provided for shal I be restored and
shall be payable as herein provided.
6. LIABILITY. That the LESSOR shall not be liable to LESSEE, or
to LESSEE'S employees, patrons. or visitors for any damage to person or
property caused by any act, o~fssfonor neglect of LESSEE. or of LESSEE'S
employees, patrons, or visftors~or any other tenant of said demised
premises, and LESSEE agrees tCj)hold LESSOR harmless from all claims For any
such damange.
7. BANKRUPTCY. In the event that the LESSEE shall become
bankrupt or shall make a voluriltaryasstgnment for the benefit or
creditiors, or in the event tijlat.areceiveroF the .LESSEE shall be
aPDointed, then, at the optfo~o~the LESSOR and upon ten (10) days notice
to' the LESSEE of theexerc' ise:of' suchopti on, this lease sha 11 cease and
come to an end.
8. SIGNS. LESSEE shall not place or paint any signs at, on or
above the premises, nor paint the exterior of the building except one sign
t.hat is now existing without speciFic written consent of LESSOR; and the
LESSOR shall have the right tq remove any sign or signs in order to paint
the building or premises, or ito make any other repairs or alterations.
9. MAINTENANCE. LESSEE shall maintain outside lawn maintenance
around building and parking lot and maintain al 1 plants in planter in good
condition and shall make all weplacement necessitated by and cause by
LESSEE'S negligence.
10. UTILITIES. LESSEE shall be solely responsible for and
orOfnpt ly pay all charges for garbage, water. gas, e 1 ectr i ci tyor any other
uti 1 ityused or consumed i.n the demised prem i ses . In no event shall LESSOR
be liable for an fnterruptionor failure in the supply or any such
uti lities to the demised premises.
11. DEFAULT. Incase of default in any of the covenants herein,
LESSOR may enforce the perFormance of this lease by any modes provided by
1 aw ,and/or th i s lease maybe:f forfe f tedat LESSOR'S d i scret ion i fsuch
default continues fora perioqi often (10) days after LESSOR notifies said
LESSEE of such default and hi$ intentfonto declare the lease forfeited,
such noti ce to be sent by the'fLESSOR by mailorotherwi se to the demfsed
premises; and thereupon (unleis the LESSEE shall have completely removed or
cured said default) this leas~ shall cease and come to an end as if that
were the day or igLnal 1 yf ;xed:~'herei n for the expiration or theterrn hereof"
and lESSOR , h is agentoratto~neys, sha 1 1 . havether i ght w.fthoutf'Jrther
notice or dema~d, to re-entergand remove all persons and LESSEE'S J::>roperty
there'fromw i thoutbelng gu i 1 tyofany manner of trespass ,andwf thc)ut
prejudice to any remedfesforlarrearsof. rent, breach of covenantor
damage; or LESSOR, his agent <fr attorneys, may reSUme possessfon of the
premises and relet the same f~r the remainder of the term at the best
rental LESSOR, his agent or aitorneys~ may obtain, for account of the
LESSEE ,who shal 1 make good ari')y der tei ency; AND.THE LESSOR SHALL Hj~ VE A
LIEN AS SECURITY FOR THE AFOR~SAID UPON THE GOODS, WARE,CHATTLES,
IMPLEMENTS, FIXTURES, TOOLS, AND OTHER PERSONAL PROPERTY WHICH ARE OR MAY
BE PUT ON THE DEMISED PREMISES. IF, on account OR breach or deFault by
LESSEE or any of' LESSEE'S oblt gat i onstlereunder ,1 t shall become nE~cessary
for the LESSOR to employ an attorney to ~nforce. or deFend any of" LESSOR'S
rights or remedies hereunder,tthenin any such ev,nt, any rea~onable amount
incurred by LESSOR as attorney' s Fee shall be peidt by LESSEE .. .
12. PARKING. Itistunderstood and agre~d that LESSEE will
require its employees and customers to park in spaces designated on the
premises andrurther to comply with all>ordinances and City of Col lege
Station, Texas, concerning any parkfngrequirement.
13 · ASS I GNMENT AND SUB-LETT I NG. Not wi thstand i ng I.' any dt~ler
provision of thfslease~ LESSEE covenants and agrees that it will not
ass; gn this 1 ease or sub-let thewhol e or any part of the demi sedJ:)rem i ses
wittlout in each instance having first received the expressed written
consent of LESSOR.
14. ALTERATIONS, ADDITIONS, IMPROVEMENTS AND FIXTURES. LESSEE
shall not make any alterations, additions, or improvements, to the leased
orem isesw ithoutthe . pr ior wr ii;tenconsent of LESSOR ,and all a 1 ter'at ions,
addftfons.imorovements and FI~tures (other than unattached. m6vabletrade
Fixtures )whfchmay be made owfnstal1~d by efther party hereto upon the
leased premises shall. remain uwon and be surrendered with the premises and
become the property of the LES$OR at the terminatfonoFthelease, unless
LESSORreQuestthei r remova 1 irnwh lchevent LESSEE ,AND LESSEE'S ex:pense,
sha 1 1 remove same and restore thedemisedprem i sesto it.s or iginal
condition.
15. ACCESS BY OWNER; RIGHT OF ENTRY. LESSOR or LESSOR'S agents
shall have the right to enter the demised premises atallreasonable times
during normal business hours (E:lxcept incase of emergencies in which event
entry may be made at any time) <to examine the same, and to show prospective
purchasers or lessees .of"the b'V i 1 d ing,andto make such repa i rs,
alterations, improvements,or~dditions as lESSOR may deem necessary or
reasor1ab lydes i:rab le,and LESScpRshall bea 1 lowed to take a 11 mater i a 1 into
and upon said premfsesthat r.naybe required for immediate use therefor
without thesarrje consti tuti ng ~n ev.i ctl on of LESSEE i 1'1 who 1 e ori n part and
therentrequir,edsha 111 n.noway abate wh i 1 e sa id .repa i rs, a 1 terat ions,
i mprovementsy or aqd itions are\' being made un 1 ess same shou 1 d unreasonab 1 y
interFere w.ith the conduct of LESSEE'S business.
16. INSURANCE. lES$~E shall. at its sole cost and exp~nse,
maintain a policy or policlesQr comprehensive general liability insurance
with the premiums thereon Fully paid inadvance,issuedbyandbinding upon
an insurance companyacceptabl~ to lESSOR. LESSEE shallprovlde LESSOR
with ev i dence o!f"suchi nsurance coverage wi thsuch polle les be lng subj ect
to acceptance b!y LESSOR. Suchf i nsuranceto aFFord m i n; mumprotecti on of
not less than $!100,000.00 fn respett of personal injury or death to anyone
person and not less than $300, 000. OOi nthe eventof'bod fly inJury lor death
to any number of persons fnany one occurrence, and with limits of not less
than $50,000. 00: for property damage i n anyone occurrence.
17. (A) TOTAL CONDEMNATION. If the whale of the leased premises
shall be acquired or condemned by eminent domain for any public or
cluas i-pub 1 f c use or purpose, then the term of" tr) i s lease shall ceaSle and
terminate as of the date of title vesting in such proceeding and all
rentals shall bepafd UP to that date and LESSEE shall have no claim
AGAINST LESSOR for the value of any unexpired,term of this lease. IF the
whole of the common parking ar~as shall be acquired or condemned ,by eminent
domain for anypublfc or quasitPublic use or purpose, then the term of this
lease shall cease and terminatt as of the date of tftlevestfng in such
proceeding unless LESSOR at it~optfon shall take immediate steps to
provide other parking faciliter sUbstantially.equaltothe previouSly
ex i sting ration. between the corpmon park f ng areas and the 1 eased prern i ses,
and such substant fall yequal p<?rk fngf"ac f1 i t.i esshal 1 beprov f ded by LESSOR
at its own expense wfthinninety (90) days from the date of' acquisition.
I n the event .the LESSORsha 11 prov.ide .such othersubstanti ally equa'l
parking Fact litJes, then ttiis> ;,rease shall conti nueln'fu 1 Yforce anej
eFFect. In any: event, LESSEE~hall have no claim against LESSOR for the
value of any un~xpired terms of this lease.
17. (B) TENANTSDA.M~GES. A I though a 1 1 damages in theevE~nt of'
any condemnati onaretobelong~tothe lESSOR whether such; damages ar'e
awarded ascompensat.ionf'ordii11inutionin value of the leasehold or" to the
fee or the leased premises LES?EE shall have the right to claim and recover
From the condemfng author fty b~t not from the LESSOR, such compensat: ion as
may be separate 1 yawardedor r~coverabl e by LESSEE J nLESSEE' 5 own r" f ght on
accounto-F any and a 11 damage to ;.LESSEE' S bus inessby reason oT.the
condemnationan~ For or OQ accbunt of any cost or loss to which LESSEE
might be putin.removfng ~tSSEt:'S merchandise, furnfture,flxtures,
leaseho1dlmprovement and equipment.
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18. LOSS AND DAMAGE. LESSOR shall not be liable for any damage
to property of LESSEE or o~ others entrusted to employees of the leased
prem;se, nor ror the loss of" or damage to any property of.LESSEE by theFt
or otherwise. LESSOR shall not be liable for any cause whatsoever,
i nc 1 ud i ng but not 1 i mi tedtoff re ,exp 105 i on ,fal 1i ngpl.aster, steam, gas,
e 1 ectr ic ity ,water, ra i n or snow or 1 eaks from any part of thelec3sed
premises .or f"romthe pipes, app liancesor plumbing works or from "the roo,f' ,
street or!subsurfaceorf'romany otherp 1 ace or by dampness or " by any other
cause of whatsoever nature. .lESSORsha 11 not be 1 i able . 'for any such damage
caused biyother tenants or p~rsons in the leased premises, occupants or
adjacent property, or the public or caused by operations in construction of
any prlvq;te. public or quasi-:publicwork. With respe~tto latent or patent
def e.ct s if) the leased premi 5~sor in the building of which they form a
part, LEs~OR'S 1 iabi 1 ity sha~l be limited to the repair-of such defects
which 1 ia~i 1 i ty shall not, ex~end beyond one ( 1) year, from th,e date LESSEE
take.s. . pos......:..'.s..".., e....... 55.1 on.. ofthelease..........'..,.,.....d .pre. ..m.. i s.es.. Al 1 .p..' ro. pe.rt... ,'.Y.,. .,.O.....f LE.S.......SE,. E ke.pt or
stored onithe leased premi se~ shall be so kept or storeq .atthe risk of
LESSEE onily andlESSEEshal IJ ho 1 d . LESSOR harmless from any c 1 a lms arising
out .Qfdamageof the same, i@cluding subrogation claims'.byLESSEE'S
insurance'carriers, unless such damage.shall be caused by the willful act
or gross n~glect of LESSOR.
19. RECORDING. LESSEE shall not record this lease without the
written consent of LESSOR.'
20. MORTGAGE. It is understood and agreed that, in :the event
LESSOR desires to obtain a mprtgage loan or loans to be secured by the
demised premf ses, LESSEE 'wlt J""lexecuteany i ns~ruments requf red b~l the
1 endor-on 'theconditon that!-ESSEE' Sri ghtsunder th is 1 ease sha 11 not be
affected so long asLESSEEr~ not indef"auft.
21 . PART I AL INVAL,ID ITY. If any term, covenant, or conci it i on of
this lease or theappl feat ion thereof to any person or c i rcumstarlce shall,
t.oany extent .be inva lidorunenrorceabl e. therema inder ofth i sl ease, or
t.he application of such term, covenant, or condit ion to persons c)r
circumstances other than thQseto which it is held invalid and
unenforceable, shall not be caf'fected thereby and each term. covenant, or
conditon of this Lease shall be valid and be enf'orced to the fullest extent
permitted by law.
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LESSEE
LESSEE
SPECIAL PROVISION:
LESSEE WILL BE RESPONSIBLE fOR AL.L REPAIF~S AND MAINTENANCE ONTHECLlJB.
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