HomeMy WebLinkAboutRes 2018-05-440 Temp Fire Station LeaseCITY OF ANNA, TEXAS
RESOLUTION NOACJ�-05-q'10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING A LEASE CONTRACT FOR PROPERTY LOCATED AT 709 NORTH
POWELL PAKWAY FOR THE TEMPORARY RELOCATION OF THE ANNA FIRE
DEPARTMENT
WHEREAS, the City Council of the City of Anna has determined that the above -
referenced land lease contract, further described in Exhibit A, is in the best interest of
the City as a part of the municipal facilities project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL,
THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authorization to Execute the Agreement
The City of Anna City Council hereby authorizes and approves a lease contract for
property located at 709 North Powell Parkway (the "Agreement") attached hereto as
EXHIBIT A. The City of Anna City Council further authorizes the City Manager to
execute any associated documents necessary to consummate the lease subject to final
review and approval of the City's Legal Counsel.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th
day of May, 2018.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith 1i �y
or, Nate Pike
000
DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
401��A
Ve
TEXAS ASSOCIATION OF REALTORS(R)
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO) IS NOT AUTHORIZED.
QTexas Association of REALTORSO, Inc. 2014
Table of Contents
No. Paragraph Description .2.9. No. Paragraph Description F-9.
1. Parties .......................................................... 2 24. Assignment and Subletting ........................... 11
2. Leased Premises ...................................... _ 2 25. Relocation .................................................... 11
3. Term 26. Subordination ............................................... 11
A. Term ...................................................... 2 27. Estoppel Certificates & Financial Info ........... 11
B. Delay of Occupancy ............................... 2 28. Casualty Loss ............................................... 12
C. Certificate of Occupancy ........................ 3 29. Condemnation .............................................. 12
4. Rent and Expenses 30. Attorney's Fees ............................................. 12
A. Base Monthly Rent ................................. 3 31. Representations ........................................... 12
B. Additional Rent ....................................... 3 32. Brokers ......................................................... 13
C. First Full Month's Rent ........................... 3 33. Addenda ....................................................... 13
D. Prorated Rent ......................................... 3 34. Notices ......................................................... 13
E. Place of Payment ................................... 3 35. Special Provisions ........................................ 14
F. Method of Payment ................................ 3 36. Agreement of the Parties .............................. 14
G. Late Charges ......................................... 4 ADDENDA & EXHIBITS (check ali that
H. Returned Checks ................................... 4
5. Security Deposit ........................................... 4 [_X1 Exhibit A - Plat Map
6. Taxes ............................................................ 4 Exhibit B - Temp. Structure & Flexbase
7. Utilities .......................................................... 4 Commercial Lease Addendum for Broker's Fee
8. Insurance ...................................................... 5 (TAR-2102)
9. Use and Hours ............................................. 6 [x-] Commercial Lease Addendum for Expense
10. Legal Compliance ......................................... 6 Reimbursement (TAR-2103)
11. Signs ............................................................ 6 Commercial Lease Addendum for Extension
12. Access By Landlord ..................................... �7 Option (TAR-2104)
13. Move -In Condition ........................................ 7 L] Commercial Lease Addendum for Percentage
14. Move -Out Condition ..................................... 7 Rent (TAR-2106)
15. Maintenance and Repairs Commercial Lease Addendum for Parking
A. Cleaning ................................................. 7 (TAR-2107)
B. Conditions Caused by a Party ................ 8 F1 Commercial Landlord's Rules and Regulations
C. Repair & Maintenance Responsibility 5 8 (TAR-2108)
D. Repair Persons ...................................... 8 E] Commercial Lease Guaranty (TAR-2109)
E. HVAC Service Contract ......................... 9 Commercial Lease Addendum for Right of First
F. Common Areas ...................................... 9 Refusal (TAR-2105)
G. Notice of Repairs ................................... 9 Commercial Lease Addendum for Optional
H. Failure to Repair .................................... 9 Space (TAR-21 10)
16. Alterations .................................................... 9 Commercial Lease Addendum for Construction
17. Liens ............................................................. 9 (TAR-21 11) or (TAR-2112)
18. Liability ......................................................... 9 Commercial Lease Addendum for
19. Indemnity ...................................................... 10 Contingencies (TAR-2119)
20. Default .......................................................... 10 Addendum Regarding LBP - (TAR-2008)
21. Abandonment, Interruption of Utilities, Attachment A - Special Provisions
Removal of Property & Lockout .................... 10 [X] Commercial Property Condition Statement
22. Holdover ....................................................... 10 Information About Brokerage Services
23. Landlord's Lien & Security Interest ............... 11 DS (TAR-2501)
(TAR-2101) 4-1-14 Initialed for Identification by Landlord and Tenant: Page 1 of 15
JP And Associates REALTORS - Frisco, 6175 Alain Street Suite 355 Frisco, TX 75034 Phone: 9728369295 Fax: 709 N Powell Pkyy
Sandy Sediff Produced with zIpForrn0 by zipLogix 18070 Fifteen Mile Road, Fraser, Whigan 48026 www.zir)Lociix.com
DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
AS
V1101,
TEXAS ASSOCIATION OF REALTORS9
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO IS NOT AUTHORIZED.
(DTexas Association of REALTORSO, Inc. 2014
1. PARTIES: The parties to this lease are:
Landlord: Sumprop, LTD
7503 S. Ballantrae Dr. McKinnev, TX 75070 ; and
Tenant: City of Anna, Texas
111 N. Powel I Parkway, Anna, TX 75409
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
at
(address) in (City) I
Texas, which is legally described on attached Exhibit_
[X-] (2) Single -Tenant Property: The real property containing approximately
rentable area at: 709 N. Powell Pkv
2120
(project name)
(county),
or as follows:
square feet of
(address) in
Anna (City) Collin — (county), Texas, which
is legally described on attached Exhibit A - Plat Map" reflecting 5.123 acres of land, or as follows:
all buildings and associated contents and improvements located on Lots 1 (one) and 2 (two),
Pinkston Addition, City of Anna, Collin County, Texas 75409, and locally known as 709
Powell Parkway, Collin County Appraisal District Property lDs 2659767 and 2669768."
B. If Paragraph 2A(l) 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 F] will [X-] will not be adjusted if re -measured.
3. TERM:
A. Term: The term of this lease is
and ending on
25 months and 18
14,2018
JuIv 31, 2020
-days, commencing on:
(Commencement Date)
—(Expiration Date).
B. 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
DS
(TAR-2101) 4-1-14 Initialed for Identification by Landlord: L—�Lp - — , and Tenant 1-4— Page 2 of 15
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DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
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 313 does not apply to any delay in occupancy caused by cleaning or repairs.
C. Certificate of Occupaa-c-y: 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 Monthly 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 per rentable square foot (optional)
Base Monthly
From
To
$ Monthly Rate
$ Annual Rate
Rent $
05/14/2018
09/3012018
1 rsf / month
/ rsf / Vear
50.00
10/01/2018
07/31/2020
/ rsf / month
/ rsf / year
3,022.63
/ rsf / month
/ rsf / Vear
/ rsf / month
/ rsf / year
/ rsf / monthi
/ rsf I year
B. Additional Rent: In addition to the base monthly rent, Tenant will pay Landlord all other amounts, as
provided by the attached (Check all that apply.):
[X (1) Commercial Lease Addendum for Expense Reimbursement (TAR-2103)
L] (2) Commercial Lease Addendum for Percentage Rent (TAR-2106)
(3) Commercial Lease Addendum for Parking (TAR-2107)
(4)
All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this
lease.
C. First Full Month's Rent: The first full monthly rent is due on or before OGtober 1, 2018
D. Prorated Rent: If the Commencement Date is on a day other than 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 of 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: Sumprop, LTD
Address: 7503 S. Ballantrae Dr
McKinnev, TX 75070
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�ajjmely pay any amounts rivaL under this lease or if any
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709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
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 Charcies: 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 $ 26.00 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 $ 3,600.00 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.)
N/A
(1) Water
Landlord
Tenant
19
(2) Sewer
19
(3) Electric
19
(4) Gas
19
(5) Telephone
19
(6) Internet
Ll
X
(7) Cable
Ll
19
(8) Trash
Ll
19
(9)
11
F1
(10)AII other utilities
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 conngction charges for whiC Te ant is responsible to pay
(TAR-2101) 4-1-14 Initialed for Identification by Landlor L-�:L I - I and TenanteV, _ Page 4 of 15
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709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
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 Charcies: "HVAC services" means heating, ventilating, and air conditioning of the
leased premises. (Check one box only.)
F] (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 paragraph.
[X] (3) Tenant will pay for the HVAC services under this lease.
8. INSURANCE:
A. During all times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and
effect from an insurer authorized to operate in Texas:
(1) public liability insurance naming Landlord as an additional insured with policy limits on an
occurrence basis in a minimum amount of: (check only (a) or (b) below)
(a) $1,000,000; or
FX] (b) $2,000,000.
If neither box is checked the minimum amount will be $1,000,000.
(2) personal property damage insurance for the business operations being conducted in the leased
premises and contents in the leased premises in an amount sufficient to replace such contents
after a casualty loss; and
F] (3) business interruption insurance sufficient to pay 12 months of rent payments;
B. Before the Commencement Date, Tenant must provide Landlord with a copy of insurance certificates
evidencing the required coverage. If the insurance coverage is renewed or changes in any manner or
degree at any time this lease is in effect, Tenant must, not later than 10 days after the renewal or
change, provide Landlord a copy of an insurance certificate evidencing the renewal or change.
C. If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in
effect, Landlord may:
(1) purchase insurance that will provide Landlord the same coverage as the required insurance and
Tenant must immediately reimburse Landlord for such expense; or
(2) exercise Landlord's remedies under Paragraph 20.
D. Unless the parties agree otherwise, Landlord will maintain in full force and effect insurance for: (1) fire
and extended coverage in an amount to cover the reasonable replacement cost of the improvements of
the Property; and (2) any public liability insurance in an amount that Landlord determines reasonable
and appropriate.
E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant's use of the leased premises, or any . provements made by
or for Tenant, Tenant will, for each year this a", is in effect, pay Landlo increase immediately
(TAR-2101) 4-1-14 Initialed for Identification by Landlor and TenantIV., Page 5 of 15
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Produced with zifforrnlD by zipLogix 18070 Fifteen Mfle Road, Fraser, Michigan 48026 www.zipLo ' 709 N Powell
DocuSign Envelope 0: BE07BB4B-D53E-4819-A403-C76085FC8D26
709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be
equal to the actual amount of the increase in Landlord's insurance premium.
9. USE AND HOURS:
A. Tenant may use the leased premises for the following purpose and no other: City of Anna Fire
Station including personnel offices, staff/volunteer sleeping quarters and housing of fire service
vehicles and eauillornent
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 hours/day, 7 days per week
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)
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 leased premises may be used as Tenant intends by independently investigating all matters
related to the use of the leased premises or Property. Tenant agrees that it is not relying on any
warranty or representation made by Landlord, Landlord's agent, or any broker concerning the use of
the leased premises 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. DS
(TAR-2101) 4-1-14 Initialed for Identification by Landlol-LiPL -, and Tenan Page 6 of 15
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DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
709 N. Powell Pkwy
Commercial Lease concerning:
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:
A. During Tenant's normal business hours Landlord may enter 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: (1) entry is made with Tenant's permission; or (2) entry is necessary
to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business
operations when accessing the leased premises.
B. During the last 60 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 express 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. Cleaninci: Tenant must keep the leased premises clean and sanitary and promptly dispose of all
garbage in appropriate receptacles. F] Landlord [X—] Tenant will provide, at its expense, janitorial
services to the leased premises that are customary and ordinary for the property type. Tenant will
maintain any grease trap on the Property PP enant uses, includi g but not limited to periodic
'u (" g
(TAR-2101) 4-1-14 Initialed for Identification by Landlord an L* Page 7 of 15
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709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
emptying and cleaning, as well as making any modification to the grease trap that may be necessary to
comply with any applicable law.
B. Repairs of Conditions Caused by a Party: 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 [eased 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.)
N/A Landlord Tenant
(1) Foundation, exterior walls, roof, and other structural components ..... E 19 11
(2) Glass and windows .... ........................................................................ E E
(3) Fire protection equipment ................................................................... E
(4) Fire sprinkler systems ........................................................................ E
(5) Exterior & overhead doors, including closure devices, molding,
locks, and hardware ........................................................................... E 1-1 X
(6) Grounds maintenance, including landscaping and irrigation
systems.............................................................................................. F1 X
(7) Interior doors, including closure devices, frames, molding, locks,
andhardware ...................................................................................... F1 1XI
(8) Parking areas and walks ..................................................................... FX1
(9) Plumbing systems, drainage systems and sump pumps .................... H FX1
(10) Electrical systems, mechanical systems ............................................ 19
(11) Ballast and lamp replacement ............................................................ 19
(12) Heating, Ventilation and Air Conditioning (HVAC) systems ................ 19
(13) HVAC system replacement ................................................................. X1 E
(14)Signs and lighting: ............................................................................... -1 Ll
(a) Pylon ............................................................................................. X
(b) Facia ............................................................................................. 9X
(c) Monument ..................................................................................... H
(d) Door/Suite ..................................................................................... 11
(e) Other: ............. F1 11
(15) Extermination and pest control, excluding wood -destroying insects. E E 1XI
(16) Fences and Gates .............................................................................. E E
................
(17) Storage yards and storage buildings .................................. E IX
-destroying insect treatment and repairs ...................................
(18)Wood E IX E
(19) Cranes and related systems ............................................................... 11
(20) Heavy equipment operating on parking areas FX1
(21 F1
(22)AII other items and systems . ............................................................... 19
D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
(TAR-2101) 4-1-14 Initialed for Identification by Landlord:[ DS
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709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(12), Tenant FX1 is
[—] is not required to maintain, at its expense, a regularly scheduled maintenance and service contract
for the HVAC system. The maintenance and service contract must be purchased from a HVAC
maintenance company that regularly provides such contracts to similar properties. If Tenant fails to
maintain a required HVAC maintenance and service contract in effect at all times during this lease,
Landlord may do so and Tenant will reimburse Landlord for the expense of such maintenance and
service contract or Landlord may exercise Landlord's remedies under 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 permitted by law, Landlord is NOT responsible to Tenant or Tenant's employees,
(TAR-2101) 4-1-14 Initialed for Identification by Landlord: LbR_ - -, and Tena
Page 9 of 15
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709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
A. an act, omission, or neglect of: Tenant: Tenant's agent: Tenant's guest: Tenant's employees: Tenant's
patrons: Tenant's invitees: or any other tenant on the PropecW
B. fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, riot, strike, interruption of utilities,
theft, burgla[y, robbe!)t, assault, vandalism, other persons, environmental contaminants, or other
occurrences or casualty losses.
19. INDEMNITY: Each party will indemnify, defend, and hold the other party harmless from any property
damage, personal inuu!y, suits, actions, liabilities, damages, cost of repairs or service to the leased
premises or Property, or any other loss caused, negligently or otherwise, by that party or that party's
employees, patrons, guests, or invitees.
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 th sent of Landlord, wil#ln this lease. Tenant will
(TAR-2101) 4-1-14 Initialed for Identification by Land and Tenant: Page 10 of 15
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709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
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 cirants to Landlord a lien and security interest against all of Tenant's nonexempt personal proporty
that is in the leased premises or on the Property. 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
Property. 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:
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.
[X—] 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 I ase
(TAR-2101) 4-1-14 Initialed for Identification by Landlo IDS and Tenant:*7 Page 11 of 15
rL�P_, -,
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DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
B. Within 30 days after receipt of a written request from Landlord, Tenant will provide to Landlord
Tenant's current financial information (balance sheet and income statement). Landlord may request the
financial information no more frequently than once every 12 months.
28. CASUALTY LOSS:
A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days
after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are
less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss.
B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased
premises to substantially the same condition as before the casualty. If Landlord fails to substantially
restore within the time required, Tenant may terminate this lease.
C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate
this lease; or (2) restore the leased premises to substantially the same condition as before the
casualty. If Landlord chooses to restore and does not substantially restore the leased premises within
the time required, Tenant may terminate this lease.
D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120
days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and
terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlord within 10 days.
E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant
notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an
amount proportionate to the extent the leased premises are unusable.
29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are
totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or
purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes
of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the
leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the
property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
30. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable
attorney's fees, and all other costs of litigation from the nonprevailing party.
31. REPRESENTATIONS:
A. Tenant's statements in this lease and any application for rental are material representations relied upon
by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a
binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this
lease or in any application for rental, Tenant is in default.
B. Landlord is not aware of any material defect on the Property that would affect the health and safety of
an ordinary person or any environmental hazard on or affecting the Property that would affect the
DS
(TAR-2101) 4-1-14 Initialed for Identification by Landlor and Tenant- Page 12 of 15
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DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
health or safety of an ordinary person, except: no known
C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially
Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not
acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is
not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated
and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and
Blocked person will indemnify and hold harmless any other person who relies on this representation
and who suffers any claim, damage, loss, liability or expense as a result of this representation.
32. BROKERS:
A. The brokers to this lease are:
Principal Broker:
JP & Associates REALTORS
Agent: Sandy Setliff
Address: 6175 Main Street, #365
Frisco, TX 75034
Phone & Fax: 818519 3670
Cooperating Broker:
Agent: _
Address:
Phone & Fax:
E-mail: sandysetliffhornes(ciD_qrnaII.G0M E-mail:
License No.: 0617071 License No.:
Principal Broker: (Check only one box) Cooperating Broker represents Tenant.
IX-1 represents Landlord only.
1-1 represents Tenant only.
[—] is an intermediary between Landlord and Tenant.
B. Fees:
(1) Principal Broker's fee will be paid according to: (Check only one box).
(a) a separate written commission agreement between Principal Broker and:
[X� Landlord F] Tenant.
(b) the attached Commercial Lease Addendum for Broker's Fee (TAR-2102).
(2) Cooperating Broker's fee will be paid according to: (Check only one box).
(a) a separate written commission agreement between Cooperating Broker and:
[� Principal Broker [� Landlord [] Tenant.
L] (b) the attached Commercial Lease Addendum for Broker's Fee (TAR-2102).
33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part
of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion,
amend from time to time.
34. NOTICES: All notices under this lease must be in writing and are effective when hand -delivered, sent by
mail, or sent by facsimile transmission to:
Landlord at: Sumprop, LTD
Address: 7503 S. Ballantrae Dr.. McKinnev. TX 75070
DS
(TAR-2101) 4-1-14 Initialed for Identification by Landlord: L_�Pi - - I and Tenant: Page 13 of 15
Produced with zipFormO by z!pLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 WWW.ZiDLo0ix.00rn 709 N Powell
DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
Phone: 214 504 5561 Fax:
and a copy to:
Address:
Phone:
Landlord also consents to receive notices by e-mail at:
Tenant at the leased premises,
and a copy to: Chief Tim Gothard
Address: 111 N. Powell Parkway, Ann
Phone: (972)924-3326
Tenant also consents to receive notices by e-mail at:
35. SPECIAL PROVISIONS:
See Aftachment A
36. AGREEMENT OF PARTIES:
Fax:
TX 75409
Fax:
A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may
not be changed except by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective
heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease,
its renewal, or its termination is binding on all Tenants.
D. Controllinci Law: The laws of the State of Texas govern the interpretation, performance, and
enforcement of this lease.
E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the
remainder of this lease will not be affected and all other provisions of this lease will remain valid and
enforceable.
F. Waiver: Landlord's delay, waiver, or non -enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not be deemed a waiver of any *oter or subsequent breach by
Tenant or any other term in this lease. DS
(TAR-2101) 4-1-14 Initialed for Identification by Landlor CAL and Tenant. Page 14 of 15
Produced with zipForrnO by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com 709 N Powell
DocuSign Envelope ID: BE07BB4B-D53E-4819-A403-C76085FC8D26
709 N. Powell Pkwy
Commercial Lease concerning: Anna, 75409
G. Quiet Enwoyment: 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. Force Maieure: 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 render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this
Lease, consult your attorney BEFORE signing.
Landlord: Sumprop, LTD
7503 S. Ballantrae Dr, McKinney. TX 76070
By: Glenda Pinkston
By:
DocuSigned by:
By (signature)f
Printed Name:6MffaA1PM'ffn
Title: Agent Date:
By (signature):
Printed Name:
Title:
Date:
Tenant: City of Anna, Texas
111 N Powell Parkway, Anna, TX 75409
By: Maurice Schwanke -7 4 A
By (signature):
Printed Name-0. �q-—nke
Title: Interim City Manager, Anna Date:
By:
By (signature):
Printed Name:
Title:
Date:
(TAR-2101) Page 15 of 15
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DocuSign Envelope ID: BE07BB48-D53E-4819-A403-C76085FC8D26
401NA
Vol'
TEXAS ASSOCIATION OF REALTORSO
COMMERCIAL LEASE ADDENDUM FOR EXPENSE REIMBURSEMENT
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS@ IS NOT AUTHORIZED.
OTexas Association of REALTORSO, Inc. 2010
ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING
THE LEASED PREMISES AT 709 N. Powell Pkwv, Anna, 75409
In addition to rent stated in the lease, Tenant will pay Landlord the additional rent described in this addendum.
Tenant will pay the additional rent each month at the time the base -monthly rent in the lease is due.
A. Definitions:
(1) "Tenant's pro rata share" is 100.000 %
(2) "CAM" means all of Landlord's expenses reasonably incurred to maintain, repair, operate, manage,
and secure the Property (for example, security, lighting, painting, cleaning, decorations, utilities, trash
removal, pest control, promotional expenses, and other expenses reasonably related the Property's
operations); CAM does not include capital expenditures, interest, depreciation, tenant improvements,
insurance, taxes, or brokers' leasing fees Notwithstanding the foregoing, CAM does include the
amortized costs incurred by Landlord in making capital improvements or other modifications to the
Property to the extent such improvements or modifications reduce CAM overall. These costs will be
amortized over the useful life of the improvement or modification on a straight-line basis; however, in
no event will the charge for such amortization included in CAM exceed the actual reduction in CAM
achieved by the improvements and modifications.
(3) "Insurance" means Landlord's costs to insure the [eased premises and the Property including but not
limited to insurance for casualty loss, general liability, and reasonable rent loss.
(4) "Taxes" means the real property ad valorem taxes assessed against the leased premises and Property
inclusive of all general and special assessments and surcharges.
(5) "Structural" means all of Landlord's expenses reasonably incurred to maintain, repair, and replace the
roof, foundation, exterior walls, load bearing walls and other structural components of the Property.
B. Method: The additional rent will be calculated under the following method:
Note: "CAM" does not include taxes and insurance costs.
L] (1) Base -year expenses: Each month Tenant will pay Tenant's pro rata share of the projected monthly
expenses for the Property that exceed the amount of the monthly base -year expenses for the calendar
year for: [] taxes; [] insurance; [] CAM; [-] structural; and []
(2) Expense -stop: Each month Tenant will pay Tenant's pro rata share of the projected monthly expenses
for the Property that exceed $ per square foot per year for: L] taxes; [] insurance;
[-] CAM; [� structural; and [�
(3) Net: Each month Tenant will pay Tenant's pro rata share of the projected monthly expenses for the
Property for: [g taxes; [g insurance; L] CAM; [-] structural; and []
C. Prolected Monthly Expenses: On or about December 31 of each calendar year, Landlord will project the
applicable monthly expenses (those that Tenant is to pay under this addendum) for the following calendar
year and will notify Tenant of the projected expenses. The projected expenses are based on Landlord's
estimates of such expenses. The actual expensermffy vary.
(TAR-2103) 1-26-10 Initialed for Identification by Landlo.J,- and Tenant: Page 1 of 2
JP And Associates REALTORS -Frisco, 6175 Main Street Suite 355 Frisco, TX 75034 Phone: 9728369295 Fax: 709 N Powell Plovy
Sandy Selliff Produced with ApForrng by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLociix.com
DoCuSign Envelope ID: BE07BB48-D53E-4819-A403-C76085FC8D26
Expense Reimbursement Addendum concerning 709 N. Powell PkM. Anna, 75409
Notice: The applicable projected expenses at the time which the above -referenced lease commences are
shown in the table below. The total area of the Property presently used by Landlord for calculating
expense reimbursements is 2120 rentable square feet (including any add on factor for common areas).
Projected Expenses
$ Monthly Rate
$ Annual Rate
577.37 / rsf / month
6,928.47 / rsf / year
D. Reconciliation: Within a reasonable time after the end of each calendar year, Landlord will notify Tenant of
the actual costs of the applicable expenses (those that Tenant is to pay under this addendum) for the
previous year. If the actual costs of the applicable expenses exceed the amounts paid or owed by Tenant
for the previous year, Tenant must pay the deficient amount to Landlord within 30 days after Landlord
notifies Tenant of the deficient amount. If the actual costs of the applicable expenses are less than the
amounts paid by Tenant for the previous year, Landlord will refund the excess to Tenant or will credit the
excess to Tenant's next rent payment. Tenant may audit or examine those items in Landlord's records that
relate to Tenant's obligations under this addendum. Landlord will promptly refund to Tenant any
overpayment revealed by an audit or examination. If the audit or examination reveals an error of more than
5% over the amounts Landlord collected in a calendar year from Tenant under this addendum, Landlord
will pay the reasonable cost of the audit or examination. Landlord may not seek a deficiency from Tenant
under this paragraph if Landlord fails to timely provide the required notice.
E. Special Provisions:
none
Landlord: Sumprop, LTD
By: Glenda Pinksto DocuSigned by.
By (signature):
Printed Name: L17Mnkstm 5/9/2018
Title:
By:
By (signature):
Printed Name:
Title:
(TAR-2103) 1-26-10
Tenant:
By: Maurice Schwank�_' , i /)
By (signature)��� 'M%
Printed Name: Maurice Schwanke
Title: Interim City Manager, City of Anna
By:
By (signature):
Printed Name:
Title:
Produced with zipForm(@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zit)Loqix.com
Page 2 of 2
709 N Powell
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4PWS
TEXAS ASSOCIATION OF REALTORSS
ADDENDUM REGARDING LEAD -BASED PAINT
For use in the lease of residential property built before 1978.
ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 709 N. Powell Pkwy, Anna, 75409
A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead -based paint. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, lessors (landlords) must disclose the presence of
known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (tenants) must also receive a
federally approved pamphlet on lead poisoning prevention.
B. DISCLOSURE:
(1) Presence of lead -based paint and/or lead -based paint hazards. (Check (a) or (b)).
(a) Landlord knows of the following lead -based paint and/or lead -based paint hazards in the Property:
(b) Landlord has no knowledge of lead -based paint and/or lead -based paint hazards in the Property.
(2) Records and reports available to Landlord. (Check (a) or (b)).
F] (a) Landlord has provided Tenant with all available records and reports pertaining to lead -based paint and/or
lead -based paint hazards in the Property which are listed here:
(b) Landlord has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the
Property.
C. TENANT'S ACKNOWLEDGEMENT:
F] (1) Tenant has received copies of all information listed in Paragraph B.
[XI (2) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home.
D. AGENTS'NOTICE TO LANDLORD AND ACKNOWLEDGEMENT:
(1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA -approved
pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead -based paint
and/or lead -based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead -based
paint and/or lead -based paint hazards in the Property; and (e) retain a copy of this addendum for at least 3 years.
(2) The brokers and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C. 4852d and
are aware of his/her responsibility to ensure compliance.
E. CERTIFICATION OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true ptjj correct.
Doculligned by* 5/9/2018
L9Mb0NbG34C594B9 Date Tenant Date
Sumprop, LTD; Glenda Pinkston, Agent City of Anna, Texas, Maurice Schwanke - Interim City Manager
Landlord
Date Tenant
L�DocuSigned by: 113 5/9/2018
�A,Jra, b sauff o-
41 Fr 9/
Lis ngffroo er Agent or Property Manager Date
Sandy Setliff
Other Broker/Agent
Date
Date
Tenant Date
Tenant Date
(TAR-2008) 10-14-03 Page 1 of 1
JP And Associates REALTORS - Frisco, 6175 Nlain Street Suite 355 Frisco, TX 75034 Phone: 9728369295 Fax: 709 N Powell Plovy
Sandy Setliff Produced with zipForniS by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zii)Loaix.com
0ocuSIgn Envelope ID: D8714140-ElO9-4752-BB91-7474A44F67A2
TEXAS ASSOCIATION OF REALTORS'R--
CO)MHVERCIAL PROPERTY CONDITION STATEMIT7,NT
R_ Inc ^0 14
CONCERNING TH'E PROPERTY AT: 7v,, i,,L Poweii Pivwv, Aoo-_i, 1_`� 7_6409
THIS IS A DISCLOSURE OF THE SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF
THE DATE SIGNED, IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES A BUYER OR
TENANT MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER, SELLER'S AGENTS,
LANDLORD, LANDLORD'S AGENTS OR ANY OTHER AGENT.
PART I - Complete if Property is Improved or Unimproved Not
Are you (Seller or Landlord i aware of: Aware Alvare
(1) any of the follov,/ing environrnental conditions on or affecting the Property:
�a) radon gas? ........................... ..........................
(b) asbestos components: .......................... . .... .. .
L
(i) friable components? ............................................
I :>k"
(ii) non -friable components? ........................................ L___j F \�l
r 1
(c) urea-formaldehyd-- insulation? ....................................... I j
(d) endangered species of their habitat? ............... ...... I ......
(e) wetlFnds? ............... .............. ..........
(f) Underground storage tanks? ...... .... ........................... .
�g) leaks in any storage 41anks (underground or above -ground)? ............
(h) lead -based pain"C? ....................... .......
(i) hazardous rnaterials or toxic waste? .......... .........
(j) open or closed landfills on or under the surface of the Property? .............
k) external conditions materially and adversely affecting the Property such as
risarby!andfilis; smeitinc plants, 1-urners, storage facilities of toxic oi- hazardous
l I Ij
materials, refiners, utility transmission lines, mills. feed lots, and the like? ......
(1) ally activity relating to drilling or excavation sites for oil. gas, or other minerals? . L_J
(2) previous environmental contamination that livas on or th:a It rn Fite rial ly and adversely
affected the Property, including but not limited to previous environmental conditions
listed in Paragraph I (a)-(1)? ............................................ __j
(3) any pail of the Property lying in a special flood hazard eirep, (A or V Zone)?. . ...... r
(4) any iniproper drainage orito or away from the Proper-ty? .......... L
(5) any fault line or near the Property that materially and adversely affects the Property?
(6) air space restrictioms or easements on or affecting the Property? ................ . I
__j LX
(7) unrecorded or unpiatted agreements for easements, utilities, or access or) or
to the Property? ........................................... .
,!P '14011�4 I and Buye(o� Tenar'w Page 1 0i
initiaied o,, Seller or Landlord� �a - —9-
7/
DocuSign Envelope ID: D8714140-ElO9-4752-BB91-7474A44F67A2
I
Comrrercial Prooeity Condilic)n Siaten-,-, ��oncerning 'Iiinj �,I. po-,LeLL,�'�kvjAn�n—j '. 7,54 9
z_
PART 2 - Complete only if Property is Improved
A. Are you (Seller or Landlord) aware of any h-laterial defects in any of 'the following on the Property?
Not 1"! 0
(1) Structural Items: Aware Aware
I A L
(a) foundation systems (slabs, columns, trusses, bracing, crawl spaces.
piers, beams. footings, reltairing walls, basement, grading)? .....
r
3
(b) exterior walls? ...........................................
(c) fireplaces and chimneys? ........ ................. .......
L-J
L-J
(d) roof, roof structure, or attic (,covering. flashing, skylights. insulation,
,roof penetrations. vent,ilation, gutters and downspouts. decking)? ...
(e) windows. doors. plate glass, or canopies ....... ..............
J-
(2) Plumbing Systems:
t
(a) water heaters or water sof eners? ...... ........... .........
r
(b) supply or drain lines? .....................................
(c) �aucets. lixtu�es. or comrnode-z? .............................
L I
(d) private sewage systerns? .................. .............
f
(e) poois or spas and equi, ments? ....... .....................
sprinkler systems? ............ .................. ........
7
(g) water coolers? ...........................................
(h) private waterv,,elis? .......................................
0) purnpsorsurrippunips? ............ ............. ........
1—'J
(3) HVAC Systems: any cooling. heating, or ventfl@tion systerns? .........
10 Electrical Svstern : se; -vice drops, wiring. connections, conductors. plugs,
grounds, power, polarity. switches, light fixtures or junction boxes? .....
L—J
(5) Other Systems or I'Lerns:
(a -)' secumv or fie detection systems) .................. ......
r__J
[ X-.
(b) porches or decks? ....................... ................
__J
(c) gas lines? .......... .............. L .......
(d', garage doors ,4nd door operators? ............ ........
r
(e) loading doors or docks? ........................ ......
(f) rails or overhead cranes? ............ .....................
elevators or escalators? ..................... .... ........
(h) parking areas. dirives, steps, walkways? ... .. .............
(I) appliances or built-in kitchen equipment? ......................
If you are aWaFe ol materia! defects in on\, of the items listed under Paragraph
A, -explain.
(Attach
additional information if needed.)
7
iTAR-1408) initiajea oy Seller or Landlord: r an t
Page 3 of 4
DocuSign Envelope ID: D8714140-ElO9-4752-BB91-7474A44F67A2
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