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HomeMy WebLinkAboutResolution - 2014-R0288 - Commercial Lease - P&E Leasing Inc. - 08_28_2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Commercial Lease, by and between the City of Lubbock, Texas, as Tenant, and P & E Leasing, Inc., of Plainview, Texas, as Landlord, contemplating the lease by City of Lubbock of certain real property and improvements located generally at 4709 66`h Street, in Lubbock, Texas, and related documents. Said Commercial Lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 28, 2014 GLOW. ROf3ERTSON, MAYOR ,ATTEST: P. a,,, . 'jqX- Rebe ca Garza, City Secrc# APPROVED AS TO CONTENT: Mark earwo , Assistant City Manager PPROVED AS TO FORM: hard K. Casner, Natural -e sources and Utility Attorney syRE:s Agmt-P & E Leasing August 13.2014 41�41 TEXAS ASSOCIATION OF REALTORSO COMMERCIAL LEASE USE OF 71fS FORM COY PLRSONS V44DARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF RCALTORSOIS NO ALITHORIZ£O VTexas Association of REALTORS9, Ix. 2014 Table of Contents No. Paragraph Description Pa. No. Paragraph Description 1. Parties...............,...,...........................,......2 2. Leased Premises......................................2 3. Term A. Term ...................................................2 B. Delay of Occupancy ............................ 2 C. Certificate of Occupancy.,.................... 3 4. Rent and Expenses A. Base Monthly Rent ............................. 3 B. Additional Rent...................................3 C. First Full Month's Rent ........................ 3 D. Prorated Rent.....................................3 E. Place of Payment ............................... 3 F. Method of Payment ............................ 3 G. Late Charges ...................... ............4 H. Returned Checks................................4 5. Security Deposit.......................................4 6. Taxes........................................................4 7. Utilities..................................................... A 8. Insurance..................................................5 9. Use and Hours.........................................6 10. Legal Compliance.....................................6 11. Signs .................. 12. Access By Landlord..................................7 13. Move -In Condition.....................................7 14. Move -Out Condition .................................. 7 15. Maintenance and Repairs A. Cleaning.............................................7 B. Conditions Caused by a Party ............ 8 C. Repair & Maintenance Responsibility.. 8 D. Repair Persons...................................8 E. HVAC Service Contract ...................... 9 F. Common Areas ................................... 9 G. Notice of Repairs.................................9 H. Failure to Repair ................................. 9 16. Alterations...............................................9 17. Liens.........................................................9 18. Liability......................................................9 19. Indemnity..................................................10 20. Default......................................................10 21. Abandonment, Interruption of Utilities, Removal of Property & Lockout ................ 10 22. Holdover..................................................10 23. Landlord's Lien & Security Interest ........... 11 10 24. Assignment and Subletting ....................... 11 25. Relocation................................................11 26. Subordination ............................ . ..............11 27. Estoppel Certificates & Financial Info....... 11 28. Casualty Loss...........................................12 29. Condemnation...........................................12 30. Attorney's Fees.........................................12 31. Representations.......................................12 32. Brokers....................................................13 33. Addenda...................................................13 34. Notices.....................................................13 35. Special Provisions....................................14 36. Agreement of the Parties .......................... 14 ADDENDA & EXHIBITS (check all that a ❑ Exhibit ❑ Exhibit 0 Commercial Lease Addendum for Broker's Fee (TAR-2102) ❑ Commercial Lease Addendum for Expense Reimbursement (TAR-2103) ❑ Commercial Lease Addendum for Extension Option (TAR-2104) ❑ Commercial Lease Addendum for Percentage Rent (TAR-2106) ❑ Commercial Lease Addendum for Parking (TAR-2107) 0 Commercial Landlord's Rules and Regulations (TAR-2108) ❑ Commercial Lease Guaranty (TAR-2109) 0 Commercial Lease Addendum for Right of First Refusal (TAR-2103) ❑ Commercial Lease Addendum for Optional Space (TAR-2110) ❑ Commercial Lease Addendum for Construction (TAR-2111) or (TAR-2112) ❑ Commercial Lease Addendum for Contingencies (TAR-2120) El x❑ Intermediary Reiationgl2ip Notice 0 Information About Brokerage Services (TAR-2501) (TAR-2101) 4-1-14 Initialed for Identification by Landlord: L)C-Lj, -,and Tenant: 611r Page 1 of 15 Wc%Nwk Rcallors 4105 94th Lubbock, T\ 79423 I'hnnc: 806-776.2833 Flak: 806 776-2934 Knrcn I Itrx,uis .1709 661h Strc Produwo mh zrpForffe by upt.oDix 18070 Fifteen Mdc Road, Frasor, M,chiOan 40026 HMw v Lo ix TEXAS ASSOCIATION OF REALTORS )�� COMMERCIAL LEASE USE OF THIS FORM 6Y PERSONS WHO ARE NOT HEWERS OF THE TEXAS ASSOCWT)ON Of REALTORSO IS NOT AUTHORIZED aCaxaA AasuclAa n of REALTOR A hc. 2074 1. PARTIES: The parties to this lease are: Landlord: P fi E LaasinQ Inc. Tenant: The City of Lubbock 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) : ❑ (1) Multiple -Tenant Property: Suite or Unit Number containing approximately square feet of rentable area in - (project name) at (address) in {city), (county), Texas, which is legally described an attached Exhibit or as follows: (2) Single -Tenant Property: The real property containing approximately 14.570 square feet of rentable area at: 1209 66th Sr_rec+ (address) in (City), LuhbQc (county), Texas, which is legally described on attached Exhibit or as follows: ,aoutliwest Haven B1r2c 2 Ioy3,5 and JA regQrde®j in VQ1 1, 24 Urge al8 . �Quthwest ii:%vel7 raulat in .o 4Ai. ,ge .ordec', in Vol 7548 nzge ]7 E2 nat. tr: iaclude thQ smica 7 i.-uj-1 dwas 'rith 1320 sf, S. 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 (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. The rentable area ❑ will ❑ will not be adjusted if re -measured. 3. TERM: A. Term: The term of this lease is 12 months and fl days, commencing on: soprembf3x 1 2n14 (Commencement Date) and ending an Au+lust, 31 2015 (Expiration Date). S. 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 (TAR-2101) 4-1-14 Initialed for Identification by t_andiard. � and Tenant, � Page 2 of 15 Produrxd wth ipF0Mrrb by vPLop • 10070 F Rl M,Ie Road. Fraser. Mm:l p 4aDZ6 4709 66Lb Stk 4709 66th Street Commercial Lease conceming: Lubbock TX 79414 complete or a prior tenant's 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 tenant's 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. Certificat$_Qf occulancy: 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 Mpnthly 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: Dates Rate r rentable sc uare foot (optional) Base Monthly Rent $ From To $ Monthly Rate $ Annual Rate a9,713..33 r I rsf 1 r rsf1m ! rf h "/Year 1 a that L• t (TAR ■ .GemmeFoial LeaseAddendum ■ ■ ll, ■ _ (TAR I. S C. First Eull Month's Rent: The first full monthly rent is due on or before September 1, 2014 D. Prorated Rent: If the Commencement Date is on a day other then 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. E. Place-gf Payment: Tenant will remit all amounts due to 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: P & E Legging, Inc. Address:gy Box 489 Plainview, TX 79072 Property Management 806-291-8100 contact David Wilder 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 (CAR-2101) 4.1.14 Initialed for Identification by Landlord: , and Tenant. Page 3 of 15 Pmmjobd *rth vpFom16 by apLoyr 1 Bo70 F,Fhm NOM Road. Fra■rr. Whom MaM 4709 GGth Stm 4709 66th Street Commercial Lease concerning; Lubbock, TX 79414 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 Tenant's failure to make timely payments with good funds. G. Late Chargep: 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 10% 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 Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay $ 40 .00 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 $ None 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. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. 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.) NIA Landlord Tenant (1) Water ❑ ❑ a (2) Sewer ❑ ❑ 0 (3) Electric ❑ ❑ ❑x (4) Gas ❑ ❑ 0 (5) Telephone Cl ❑ ID (6) Internet ❑ ❑ 0 (7) Cable ❑ ❑ 0 (8) Trash ❑ ❑ 0 (10) All other utilities 0 ❑ ❑ 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 Landlord's 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 (TAR-2101) 4-1-14 Initiated for Identification by Landlord:. , and Tenant: 6Y Page 4 of 15 P: DJUWO will DPFO rtmS by rip L0,1K i w1U Peteen wao Road, rrasur, 6Uchga-i 49D76 4701) (,6tII SI(c 4709 66th Street Commercial Lease concerning: Lubbock Tx 7 4 4 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 Tenant's intended use. D. After -Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) ❑ (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C, ❑ (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 Tenant's request, provide HVAC services to the leased premises during other hours for an additional charge of $ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's 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 Landlord's procedures to make a request to provide the additional HVAC services under this paragraphs. (3) Tenant will pay for the HVAC services/under this lease. 8. but not repairs and maintenance, A. During-al"me-this-#ease is i -enwt-rust-at-Tenant's-expense, ir+4n-full4orre and eff Gt ffem,an-imnwrer in was: (1) "io-aiability insurance naming l and!oFa a ,aaitasna"nsured with poliry limits ef• bafii&4r-a-minimum1EFF um -amount —heek ur �a vr. o l�� _W_ W)�r� Cl (a) $-�aav,0a0; or ❑ (b) $24.9*4.X�O-. f-neirn theF box is ehee ed the inirn� Ewa amn�i*will he��F�G- / ] l2) personal ipeFly damage inSWFaAGe W the bu6ines aeration&-"R9 rr.r.duete"4ea&ed- �fem.ses-and—ientefits-4f 4he4ease"remin an amount suffiei G, go iefAs-afleF ❑ a ealess; and h,�aivp7iness irnterr�.n rtin.sufia (3) f r Rt p �e_47 On"` r� reent& �. Befefe the C'ommeaaement Date, erian u"Feviv7ide LandlBrd with a ropy of refti6ates- eyideneing the required r Fage if the i.+.-„ra Ace eoyef ge-js_fenewed of eh manner of- deg`-gre- atanymrE—this --lea-.s e is�--in effect, `-ram- _ Tenant "t, not later than 10 .�l ei.�- efier the nawal-O� , 1[iate-evidenGi nge- C. f Tenant-fails4o-maintain4"aired-4nst*an�in-full-force-and effect, -at a# this lease -effect, La rdlerd Ma)F . (1) PUF6 nsurance That i�� a,i f v Tenant must 'mmed'aiely Feimbu e 1 a.. rtlr r.J fer s Gh a enrseior (2) exerGise LandleFel's D. Unleseparty agraee#hewise, L-ar� 41e A i;T I .stain--in4ull4f^ r rr efrer+ ins., FaFlee r. �; fe- er�ei_eLtenrteri�+r.ternr.e .r.t to Geyer lihe . e �ble reelarefneet rent of the ir1 f- renerTrf+ny p blir WaWlit.. i anoe-in a"rnou nth# fiaWe- and-appfor'pffate- E. "erg-4s-an-4ncrease in Lan nsur-anre Turns--fef-- es--or-ropef{y-r-its- r ntents that -is caused- y-Tynan#-Tenant"se-of-the leased premises, up ar+y4mprever ts-made-by OF for Tenant, Tenant will, for each ,.saw„ lease is-;n--e#feel-pay--1_aRellerd the ir,..re.,re :.,.,rr.ea...tely D (TAR-2101) 4-1.14 Initialed for Identification by Landlord: and Tenarlt:tz, Page 5 of 15 Pio&,ces KVri nr5ra,ftO by I.p Loan IBOM F Maai M,W, Hoan l ,asu-, KA ctwjun 4002a 2a; m 4709 66ih Sire 4709 66th Street: Commercial Lease concerning: Lubbock Tx 79414 afterr Land'GFd otifies TeR nl-ef-the-increase. ny ehafge to Tenan"nder-4his-R6r8graph 8E wilbe- equal to the-astu 1 amount Of -the ire-+A-Lardlerd'64f4&urar+ee-pr8ffliaM- 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: ,offices for city acted officials cant t rs h r r a the of Lubbock, 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) -24/7 or as needed by Tenant 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises or the Property 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 tenant's normal business operations or Landlord's 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, Landlord's 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) N/A 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 Tenant's intended use. Tenant must satisfy itself that the lused remise ay -op, used as Tenant nd by indeWndently inyestigating all malters relgled.Lo JtM USe_pf the leased premises,.Qf.PropprAy. Tenant agrees that it, i2 not relying on any warranty_ representation made -by _Landlord. Landlord's agent, or any broker concerning the use of the leased ❑remises or Property. 11. SIGNS: A. Tenant may not post or paint any signs or place any decoration outside the leased premises or on the Property without Landlord's written consent. Landlord may remove any unauthorized sign or decorations, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign or decorations, (TAR-2101) 4.1-14 Initialed for Identification by landlord: and Tenant: Page 6 of 15 ga�r..cy wnn 7 pornx� G, �pLu, x 1BU7U I Afenn Mifa R�a�, F:asC:, 61+7ga� aH02e WY*.L+jAQ.NT mh 4709 66th Stre 4709 66th Street Commercial Lease concerning: Lubbock TX 7 9414 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 Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs or decorations that were placed on the Property or leased premises by or at the request of Tenant. Any signs or decorations 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: � upon permission of Tenant A. During Tenant's normal business hours Landlord ma nter 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 Tenant's normal business hours if:-(4)-entry is made with Tenant's permission;-�r{�}#n}-iscessar #o-- .orrGpaete--ercler�eiac}�-impairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 75 days of this lease, Landlord may place a "For Lease" or similarly worded sign on 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 or in an addendum. Landlord and any agent have made no ex ress or implied warranties as to the condition or permitted use of the leased .premises or Property. 14. MOVE -OUT CONDITION AND FORFEITURE OF TENANT'S 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 Tenant's 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 Tenant's 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. 15. MAINTENANCE AND REPAIRS: A. C e n'n : Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord d Tenant will provide, at its expense, janitorial WCA services to the leased premises that are customary and ordinary for the property type. T-enant-vill- (TAR-2101) 4-1-14 Initialed for Identir:cation by Landlord: , and T PMOr J �ln vpF EP dy x pLogx 16070 Frneen kUe Roay, Frazer NIK organ 4FO26 yr is Page 7 of 15 4709 661h Slrz 4709 66th Street Commercial Lease concerning_ Lubbock T% 7 9414 mplyin and eleaning, as well as making any FnedifiGation to the grease fap4hat-may4x-,-neoessaFy to comply with aRY applicable law- B. Be2air3 of Conditions Caused by a Par y: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). 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.) NIA Landlard Tenant (1) Foundation, exterior walls, roof, and other structural components.... ❑ 0 ❑ (2) Glass and windows ................... ............. ..... _................ .............. _.E3 0 ❑ (3) Fire protection equipment .............. ................ ............................11.0 0 El. (4) Rre-Wrink4ef-&ystem5 ...................... ...................................... ❑ ❑ ❑ (5) Exterior & overhead doors, including closure devices, molding, locks, and hardware........................................................................❑ 0 ❑ (6) Grounds maintenance, including landscaping and irrigation systems.. ........................................ - ................................ ........... ❑ ❑ (7) Interior doors, including closure devices, frames, molding, locks, andhardware..................................................................................❑ ❑ (8) Parking areas and walks .... ....... __.............................. ....... .............. ❑ 0 ❑ (9) Plumbing systems, drainage systems and sump pumps.... .............. 0 0 ❑ (10) Electrical systems, mechanical systems .............................. ...... ......❑ 0 ❑ (11) Ballast and lamp replacement .................. ......................... .............. ❑ 0 ❑ (12) Heating, Ventilation and Air Conditioning (HVAC) systems .............. ❑ 0 ❑ (13) HVAC system replacement............................................................. 0 ❑ (14) Signs and lighting: ............................ ....... ............... ......... ........... (a) Pylon.........................................................................................0 ❑ ❑ (b) Facia ...................................................... .................. .................. ❑ ❑ d (c) Monument..................................................................................0 ❑ ❑ (d) Door/Suite............................................................. ........... .,........ ❑ ❑ d (e) Other: ............. ® ❑ ❑ (15) Extermination and pest control, excluding wood -destroying insects. ❑ 0 ❑ (16) Fences and Gates...........................................................................0 ❑ ❑ (17) Storage yards and storage buildings.................................................0 ❑ ❑ (18) Woad -destroying insect treatment and repairs ..................... ....... .....I] 0 ❑ (19) Cranes and related systems.............................................................0 ❑ ❑ (20) ❑ ❑ (21) ❑ ❑ (22) All other items and systems. ............................... 0 ❑ D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. (TAR-2101) 4-1-14 Initialed for Identification by Landiord:� and Tenant, Page 8 of 15 aroy„rrd.,irn zial wm07by Icptugly sooro r M00-n Kido Road, Fraser, µ riaan 4[026 #+rn.z4709 661h Strc 4709 66th Street Commercial Lease conreming: T. lbbon-k TX 22414 E. ►.lvA,�;, a ran+ T }meant r�intainsAhe-HVA r-Paragrap44,5G(l2), Ieflant 0 is 0 is -Mt —required te-maintairr-at4ls-ex€rense;-aregularly led-maintenance,and-,,L�antfast (eF the HVAG system. The Fnaintenar}se- and �s rdeG suuGh esei~resavW to similar _ prq)eFfies. if Tenant farms to ma+ntai+ t{^N# in effect at nll_fi mnr_AI.L n this se landlord -tray -do -so -and -Tenant will reimburse-L-andiord4er-4omexpense-.of-such-maintenance-arid wise-centm ay-exercisekamfleFd'sr-ream dies der-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 Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and regulations. Tenant may not solicit any business in the common areas or interfere with any other person's 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 Landlord's 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 Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter (including making any penetrations to the roof, exterior walls or foundation), improve, or add to the Property or the leased premises without Landlord's 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 Landlord's 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 and in compliance with Paragraphs 16A and 17, 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 Landlord's 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 Landlord's 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. 18. LIABILITY: To the extent permOtted by law. Landlord is NOT responsible to Tenant or Tenant's employees. patrons, guests._or invitees for any damages, inju�'p,s, or losses to person or eroperty caused by: (TAR-2101) 4-1.14 Initiated for Identification by Landford , and Tenant Page 9 of 15 Pf vduced wdh ziAFor r.A) lra• 2-jptoz; x IPDW F,ft xrrr Mile Raid, FiHu t. 1Ai0hi0;i rq 4K?F, w„rw LoLLgi?L,,9rjj 4709 66th Sire 4709 66th Street Commercial Lease concerning: Lubbock, TX , 79414 A. go_aA,.Qo2ission,I f: Tenant: Tenant's n ue t t` � Tenant's patrons: Tenant's invitees: or any other tenant on the Property, B. ire flood, wale leaks, ice, _know, hail, winds, explosion smoke, riot, strike, interruption o utilities, theft. burglary, robbery• assault, yanoallsm. qi� �oersons, environmental contaminants, or other occurrences or casualt,y<losses. To the extent permitted by law, 19. INDEMNITY: Vach party will indemnify.. defend, and hold other party harmless from any l2roperty damage, personal injury, 5ui15• actions, liabilities, damages, cost of repairs or setvic o the leased premises or Property, ar any other loss caused. nene l nt,ly — r ou e ther, by thatga t rr that party'ss employees. gatrons. ❑ue5j% or invitees. *See Insert in Section 35 20. DEFAULT: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. if, however, Landlord's 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, with at least 3 days written notice to Tenant: (i) terminate this lease, or (ii) terminate Tenant's right to occupy the leased premises without terminating this lease and may accelerate all rents which are payable during the remainder of this lease or any renewal period. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable means. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's 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 Landlord's costs associated with eviction of Tenant, such as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and returned check charges; (6) cost of removing any of Tenant's 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 Tenant's employees, patrons, guests, or invitees in the leased premises or Property; (8) cost to replace any unreturned keys or access devices to the leased premises, parking areas, or Property; and (9) any other recovery to which Landlord may be entitled under this lease or under law. 21. ABANDONMENT, INTERRUPTION OF UTILITIES, 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 Tenant's property; and (d) "lock -out" of Tenant. 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 to the extent permitted by law, (TAR-2101) 4-1-14 Initialed for Identification by Landlord: , and Tenant. Page 10 of 15 F'ro_"o mM ;pf or-rr[J by vpLagm 1d.77D F,ftaei Mde Ra ad Fr Le, Midi P.14FQ26 W ww 10Lon, . can 4709 661h 5tre 4709 66th Street Commercial Lease concerning Lubbock Tx 79414 indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will be 150% of 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. 23. LANDLORD'S LIEN AND SECURITY INTEREST: To secure Tenant's performance under this lease, Tenant granl§Jo Landlordlien and security interest against all of Tonexeml2t l2ersonal prop that is in the [eased premises or on the Properly. This lease is a security agreement for the purposes of the Uniform Commercial Code. Landlord may file a financing statement to perfect Landlord's security interest under the Uniform Commercial Code. 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Properly. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's 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 Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: d 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 Tenant's 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 Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's 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. 0 B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's 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 Tenant's rights under this lease are recognized by the lien -holder. 27. ESTOPPEL CERTIFICATES & FINANCIAL INFORMATION: A. Within 10 days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppel certificate that identifies the terms and conditions of this lease. (TAR-2101) 4-1-14 Initialed for Identification by Landlord- , and Tenant:, Page 11 of 15 Producrd w;thzI pFoan® by crpLogic 180TO Fifteen Fide Road Fraser, Al urgarr 4002f p_fj�+]OCT P 22m 47D9 66th Siru 4709 66th Street Commercial Lease concerning: Lubbock TX 79414 G. Quiet E gyment: 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. Eorce Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock -out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. 1. 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 redder such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. Landlord:P & E Leasing, Inc. Pa Box 489 Plainview, TX 79072_ Tenant: The City of Lubbock Po Box 2000 Lubbock, Tx 79457 By: By: By (signature}(_.�a. e._ �., { ,. By (signature): Print ame: d 1 r Printed Name: Title: Date: tr 'now. Date: By: By: By (signature): Printed Name: 1190: Date: (TAR-2101) 4-1-14 By (signature): Printed Name: 71t1e: Date: E , a, Q- " - 5 Rebe a Garza, City Secretary eo©12n%1=n ec Tn f'nniTCAiT- Mark Ye"grwood, Wssi5afflWity Manager APPROVED A 4 M: Richard Casner, Natural Resources and Utility Attorney Page 15 of 15 Prndu od YAM zipFormB by zipLagix 18070 Fifteen Mild Road. Ftnw, Mxh!W 40020 V0WLa`bt•_ K c+rtl 4709 661h SCre Approved by the Texas Real Estate Commission for Voluntary Use f2y Texas law requires all real estate licensees to give the following information about 10 4 orro MCK TUNT brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokerage Services efore working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an 1g-1g-11 intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to d❑ so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a Fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records Buyer, 5efler, Landlord or T City of Lubbock E Texas Real Estate Brok rSfarSd S Tsons are licensed and regulated by the Texas Real Estate Coma mission (TREQ_ N you have'question or Complalni regarding a real esslare l ns:C, s uld contact TREC at K0, Box 12188, Austin, Texas 78711-2188 , 512-936.30DO (http:IMWW.trec.texas.gov) (TAR-2501) 10-10-11 TREC No. OP-K WestMark, RraIiurs .1I05 841l1 1,uhbock, TX 79423 Pbonr.: 806-776-7833 Fiix. 806.776-2834 Kasen I liggins 4709 6h0i Strc Produced with ZipFot n79 by tipLogoa 18070 Fifteen M i I a Road, Fraser, Michigan 48026 www.zip Low corn �,1 V T'EXAs ASSOCIATION OF REALTORS® INTERMEDIARY RELATIONSHIP NOTICE USF OF 704I5 FORM BY PERSONS WHO ARE NDT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSIDIS NDT AUTHORIZED 91rexas Association of REALTORSV. Tnc- 2M4 To: P & E Leasing lnc. (Seller or Landlord) and The City of Lubbock (Prospect) From: WestMark EgAlLors (Broker's Firm) 4709 66th Street Re: Lubbock, TX 79414 (Property) Date: July 29. 2014 A. Under this notice, "owner" means the seller or landlord of the Property and "prospect" means the above -named prospective buyer or tenant for the Property. B. Broker's firm represents the owner under a listing agreement and also represents the prospect under a buyerltenant representation agreement- C. In the written listing agreement and the written buyerltenant representation agreement, both the owner and the prospect previously authorized Broker to act as an intermediary if a prospect who Broker represents desires to buy or lease a property that is listed by the Broker. When the prospect makes an offer to purchase or lease the Property, Broker will act in accordance with the authorizations granted in the listing agreement and in the buyerltenant representation agreement. D. Broker x❑ will d will not appoint licensed associates to communicate with, carry out instructions of, and provide opinions and advice during negotiations to each party. If Broker makes such appointments, Broker appoints: Kirk Schneider to the owner; and Karen Hicrcrins to the prospect. E. By acknowledging receipt of this notice, the undersigned parties reaffirm their consent for broker to act as an intermediary. F. Additional information: (Disclose material information related to Broker's relationship to the parties, such as personal relationships or prior or contemplated business relationships.) The undersigned acknowledge receipt of this notice (:L�u k,�_,_ - rr 1 V Seller or Landlord Date Pras Date David Wilder CitV of Lubbock Seller or Landlord Date Prospect Date / (TAR-1409) 1-7-04 Page 1 of 1 WesrMuk Rcallors 4 10,14401 Uubbock, 'FX 79423 Phone:806-776-2833 Fax: 806.776-2834 Karcn I liggins 4709 66th %c Produced wuh Zlpl ormto ky zipLoglx 18D70 Fltteen Mlle Road, Fraser, Michigan 4802G m52y,zlALoglx cQm ANA 4 TEXAS ASSOCIATION OF REALTORS(A) COMMERCIAL LEASE ADDENDUM FOR BROKER'S FEE USE OF Ti0S FORM BY PFRSONS WHO ARE NOT IAEMBE RS OF THE TEXAS ASSOCIATION OF REA,LTORSO IS N0T AUTHOR VEO 6rcxes AssoclaHon of REALTORB®, tnc. 2014 ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED LANDLORD AND TENANT CONCERNING THE LEASED PREMISES AT 4709 66th Street. Lubbock. TX 7 414 A. Leasing Fees: All leasing fees are earned when the above referenced lease is executed. (1) _ P & E Leasing Inc will pay Principal Broker a leasing fee calculated and payable as follows: (2) (a) 6. 000 % of all base monthly rents to be paid for the term of the lease and the same percentage of the expense reimbursements stated or estimated in the lease, payable as follows: one-half of such amount at the time Landlord and Tenant execute the lease and the remainder on the date the lease commences. (b) % of all base monthly rents to be paid for the term of the lease and the same percentage of the expense reimbursements stated or estimated in the lease, payable as follows: ❑ (c) will pay Cooperating Broker a leasing fee calculated and payable as follows: (a) % of all base monthly rents to be paid for the term of the lease and the same percentage of the expense reimbursements stated or estimated in the lease, payable as follows: one-half of such amount at the time Landlord and Tenant execute the lease and the remainder on the date the lease commences. Cj {b} % of all base monthly rents to be paid for the term of the lease and the same percentage of the expense reimbursements stated or estimated in the lease, payable as follows: ❑ (c) B. Renewals Expansion Fees: If Landlord and Tenant subsequently renew, extend, or expand the lease, including a new lease for more, less, or different space in the Property or in any other property owned, controlled, or managed by Landlord, the brokers will be paid the fees set forth below. The fees will be earned and payable when the extension, renewal, expansion, or new lease is executed or commences, whichever is earlier. (1) _ _P_ & E Leasing Inc will pay Principal Broker a renewal fee of. (a) 3.000 % of all base monthly rents to be paid for the term of the renewal, extension, or new lease and the same percentage of the expense reimbursements stated or estimated in the lease governing the renewal, extension, or new lease; {TAR-2102f 4-1-14 Initialed for Identification by Landlord: and Tenant:C.& Page 1 of 3 4lrestN1ark RcaItnrs 410S 9 4 1 h 131hhock, TX VA23 Yhorm 806-776-2933 I-v. $06 776.2834 kajen I figgIm 4709 66th Strc Rroc!L: eI w,In x-PF urr.7V by r PLDg ix 15070 FAuer, %'r Ruad, Fcase•, Michigan 46D25 wwA z?PL Dal c1P-1 Addendum for Broker's Fee concerning 4709 55th Street, Lubbock, TX _ 79414 (2) (b) % of all base monthly rents to be paid for the term of the expansion and the same percentage of the expense reimbursements stated or estimated in the lease governing the expansion; or will pay Cooperating Broker a renewal fee of: (a} % of all base monthly rents to be paid for the term of the renewal, extension, or new lease and the same percentage of the expense reimbursements stated or estimated in the lease governing the renewal, extension, or new lease; (b) % of all base monthly rents to be paid for the term of the expansion and the same percentage of the expense reimbursements stated or estimated in the lease governing the expansion; or U (c) C. Fees in the Evgnt of a Sale: If, during any time the lease is in effect or during any time Tenant occupies the leased premises, including any extension, renewal, or expansion, Tenant agrees to purchase the leased premises or Property by oral or written agreement or option, brokers will be paid the additional fees set forth below. The additional fees will be earned at the time Landlord and Tenant enter into an agreement for the sale, purchase, or option for the leased premises or Property, and are payable at the time the sale or purchase closes. (1) will pay Principal Broker an additional fee of: (2) W (a) 5.000 % of the sales price for the purchase. L] (b) lLJ (a) (b) will pay Cooperating Broker an additional fee of: % of the sales price for the purchase. D. County: All fees under this addendum are payable in . lubbo-ck- - - County, Texas. E. : If Landlord, Tenant, or any broker is a prevailing party in any legal proceeding brought as a result of a dispute under this addendum or any transaction related to or contemplated by this addendum, such party will be entitled to recover from the non -prevailing parties all costs of such proceeding, prejudgment interest, and reasonable attorney's fees. F. Special Provisions. WestMark Realtors will split the leasing and renewal commissions evenly between the agents on this transaction. Tenant shall in no event be responsible for the payment of any broker's or finder's fees of any kind or type. (TAR-2102) 4.1-14 Initialed for Identification by Landlord: 4�"" and Tenant: , Page 2 of 3 Praduowi w0i xlpFarmO by xipLaq,. 10070 FINeen Mite ROa], Fraser Wahigan 4 502 5 I x �*Ip 4701) 66111 STF(: Addendum for Brokers Fee concerning 4709 66th Street &ubbock TR 79414 NOTICE., Under Chapter fit, Texas Property Code, Broker is entitled to claim a lien against the Property to secure payment of an earned commission. Landlord: P&E Leasing, Inc. By: By (signature): Printed Name: Title: President r� By: By (signature): Printed Name: Tale: Principal Broker: Broker 1 Company Name: License No. By (signature): Printed Name: Title: License No. (TAIL-2102) 4-1-14 Tenant: The City of Lubbock By: By (signature): Printed Name: Title: By: By (signature): Printed Name: Tdle: Cooperating Broker: Broker/ Company Name: By (signature): Printed Name: Title: License No. License No. Page 3 of 3 Ptadamd with tafFwm@ by vptoyue INTO Fifteen Mile Road, Frawr, & 40M it wwj3R±.'wx.4709 Gbth Strc AA TEXAS ASSOCIATION of REAI.TORSW COMMERCIAL LANDLORD'S RULES AND REGULATIONS L1SC Or THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THC TEXAS ASSOCIATIUN W REAL I0RSt) IS NO] AUf HORIZCD ®Texts Assocfallon of REALTORS10. Inc. 2010 REGARDING THE COMMERCIAL LEASE CONCERNING THE LEASED PREMISES AT 4709 65th Street, Lubbock, TX 79414 NOTICE: These rules and regulations are adopted to maintain and enhance the safety and appearance of the W Property. FFem ti e--t"_fiMe L@Rdl t its diseFetion_may _ a nd `•_ - as-1mles nd raniilatiens fOF the puFpeses fef-whlehAey-were adopted. Under the above -referenced lease, Tenant agrees to comply with these rules and regulations as-4hey-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, and landscaped areas. A. Goods, merchandise, equipment, or any personal property may not be stored on the Property, except for inventory within the leased premises necessary for Tenant's normal business operations. B. Food is not permitted on the Property, except as inventory for sale and for a small amount of food for Tenant's personal consumption, C. Other than those provided by Landlord or specifically authorized by Landlord, no vending machines are permitted on the Property. D. The Property may not be used for lodging or sleeping quarters in any manner. E. Unless authorized by law or the lease, no animals may be brought or kept on the Property, 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. G. Persons parking on the Property must comply with all posted signs and directions regulating the parking areas. 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. 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. Trash receptacles controlled by Tenant must not be allowed to overflow, attract rodents or vermin, or emit odors. (TAR-2108) 1-26-10 Initialed for Identification by Landlord: and Tenant: 40. Page 1 of 2 Weslhlark Pcaltuts 4105 84th Luhhock. TX 79-123 Phonc: 906.776-2831 1•nr 806 776-2834 Karon Higgins 4709 661h Site Produced with ZipFcrmV by zlpLoglx 18070 Fifteen Mile Road, Fraset, WILCfngan 48026 y*_w L n aglz corn Landlord's Rules and Regulations concerning 4709 66th Street, Lubbock, TX 79414 L. Repair requests must be submitted to Landlord in writing in compliance with the lease. M. No modification to the Property and leased premises may be made unless authorized by Landlord, in writing, or permitted by the lease. 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. 0. Unless specifically authorized by Landlord, no solicitation or business operations are permitted in the common areas. P. Other: (TAR-2108) 1-26-10 Initialed for Identification by Landlord: , and Tenant: i 1 Page 2 of 2 Producers wish 2ipForrnV by zipLogiz 16070Frfleen Mile Road, Fraser, Michrgan 48026 Wyiny.Z:1vL i Cam, 47(µ) 66th Sire