HomeMy WebLinkAboutItem 07 - Agreement with First United Methodist ChurchMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BRUNO RUMBELOW, CITY MANAGER
JULY 5, 2016
AGREEMENT WITH FIRST UNITED METHODIST CHURCH
GRAPEVINE — FORMER SENIOR CENTER BUILDING
City Council to consider entering into a lease agreement with First United Methodist
Church to lease the former Senior Citizen's Center building at 421 Church Street.
The terms of the proposed lease are:
$4,500 Gross rent
$1,550 Credited from 427 Ball St
$2,950 Net rent per month
Term: 5 Years
Gross Rent: $4,500 per month
o $1,550 per month credited from deed of property at 427 Ball Street
(Property at 427 Ball Street appraised by the City of Grapevine at $93,000.
Amortized over 5 years, it is $1,550 per month)
0 $2,950 Net rent
Key points for Tenant:
• FUMC is responsible for all interior maintenance
• FUMC to insure contents
• FUMC move the thrift shop and office occupants out of two structures at College
and Church and put those homes back into residential use (See attached email)
• FUMC will have option to purchase with an appraisal, if City sells during term of
lease
• FUMC will make parking lot available for festivals and special events
City's responsibility:
• City to insure the structure
City is responsible for exterior maintenance
Staff recommends approval.
June 30, 2016 (1:08PM)
Stephanie Porter
From: John Mollet
Sent: Wednesday, June 29, 2016 10:51 AM
To: Bruno Rumbelow
Subject: Lease for the Senior Activities Center
To: Bruno Rumbelow, City Manager
From: Rev. John Mollet, Senior Pastor, FUMC, Grapevine
Dear Bruno,
As the City Council's vote on the approval for our lease of the Senior Activities Center grows close, I want to update you
on our church's progress on our commitment to put our two historic homes on College Street on the market and back
into residential ownership. We are in the final stages of the re -platting of our properties. Please see the attached copies
of the drawing of the proposed plat and the signed Application for Platting that are ready for submittal. As soon as the
lease is approved we will move out of the two houses and start the preparations for the sale of both.
If the lease is approved by the City Council, we would be ready to sign immediately and take possession of the building
the first of August. Also, thank you for the considerate offer to reduce the rent for the first two months to facilitate the
finish out of the building for our use.
As always, it has been a pleasure working with the City of Grapevine on this project. Your work to make Grapevine a
great place to live, work and visit is appreciated.
Sincerely,
John
r :,
This lease, entered into this day of , 2016 by and between the Landlord
and the Tenant hereinafter named.
ARTICLE I. Definitions and Certain Basic Provisions.
1.1. (a) "Landlord": City of Grapevine, Texas
(b) Landlord's address: 200 S. Main Street, Grapevine, Texas 76051
(c) "Tenant": The First United Methodist Church, Grapevine, Texas, a Texas Nonprofit
Corporation
(d) Tenant's address: 422 Church Street, Grapevine, Texas 76051-5239
(e) Tenant's trade name: First United Methodist Church Grapevine
(f) Tenant's legal status: Tenant is a Domestic Nonprofit Corporation incorporated under the
laws of the State of Texas.
(g) "Agent": none
(h) "Building Space" is the structure commonly referred to as 421 Church Street, Grapevine,
Texas and more specifically described as Grapevine, City of, Block 3, Lot 6R. Landlord's
property is located in the City of Grapevine, Tarrant County, Texas, which real property
is described or shown on Exhibit "A" attached to this lease. With regard to Exhibit "A",
the parties agree that the exhibit is attached solely for the purpose of locating the
Premises within the 400 block of Church Street in Grapevine, Texas. The total floor area
of net leasable space, within the building is a total of approximately 9,977 square
feet and tenant's proportionate share is 100%.
(h) "Premises": The demised area of the building that Tenant will lease has an approximate
area of 9,977 square feet.
(i) Lease term: Five (5) years and two months, from Commencement Date.
(j) "Commencement Date": (defined as the date that the Tenant takes possession of the
Premises)
(k) The first two months rent shall be $100.00 per month to provide time for Tenant to
finish out the Premises. Thereafter, the monthly base rent shall be $4,500.00 per month,
of which $22,950.00 must be paid by Tenant to Landlord in money of the United States of
America and $1,550.00 of which will be automatically credited monthly by Tenant to
Landlord and applied towards Landlord's purchase of 6,172 Square Feet (0.1416 acre) of
real property from Tenant located at 427 Ball Street, Grapevine, Texas and more
specifically described as Tract One on page 3 in a Gift Warranty Deed from Kenneth W.
Shaw and Carol C. Shaw to Tenant that was recorded by the County Clerk of Tarrant
County, Texas on March 19, 1999 and assigned instrument number D199068591. A copy
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Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
of said Gift Warranty Deed with an additional map and photograph identifying said Tract
One are attached as Exhibit "B" and incorporated herein as if set forth in their entirety.
Landlord's purchase of said Tract One in said Gift Warranty Deed will be automatically
complete and effective when said credits from Tenant to Landlord equal ninety-three
($93,000.00) thousand dollars. Tenant hereby acknowledges and affirms that Tenant
shall keep said Tract One free of any liens or debt and shall not transfer, sell, or
encumber said Tract One during the term of this lease, other than to Landlord.
Furthermore, Tenant hereby commits to execute a General Warranty Deed transferring
said Tract One to Landlord within fifteen (15) calendar days after said credits from Tenant
to Landlord equal ninety-three ($93,000.00) thousand dollars. Both parties acknowledge
and affirm that, if this this lease is terminated prior to said credits equaling ninety-three
($93,000.00) thousand dollars, Landlord may tender to Tenant the remainder amount due
to Tenant and Tenant must then execute a General Warranty Deed transferring said Tract
One to Landlord within fifteen (15) calendar days after receipt of the remainder of the ninety-
three ($93,000.00) thousand dollars' purchase price for Tract One. Tenant may not refuse
to accept payment of the remainder of the purchase price. TENANT HEREBY EXPRESSLY
ACKNOWLEDGES LANDLORD'S RIGHT TO SEEK SPECIFIC PERFORMANCE OF THE PURCHASE OF
SAID TRACT ONE UNDER THE TERMS OF THIS LEASE.
(1) Landlord and Tenant agree that this Lease may be renegotiated subject to the mutual
agreement of the parties hereto 90 calendar days prior to the termination date of this lease
agreement. If this Lease is not renegotiated, this Lease will expire at the end of the five (5)
year and two month term.
(m) Security deposit: $3,500.00, to be paid by Tenant and delivered to Landlord with an
executed lease.
(n) Tenant shall be responsible for insuring its personal property that is located in or on
the Premises.
(o) Tenant shall have an option to purchase the real property described in Exhibit "A"
pursuant to the option described in Exhibit "D," which is attached to this Lease and
incorporated herein as if set forth in its entirety.
(p) Permitted uses(s) of the demised Premises: a facility to provide services for church
related uses, including an office, a thrift shop, group activities, and other programs
sponsored by or permitted as an accommodation by the church.
1.2. Each of the foregoing definitions and basic provisions must be construed in conjunction
with and limited by the references thereto in the other provisions of this lease.
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
ARTICLE 11. Granting Clause.
2.1 In consideration of the obligation of Tenant to pay rent and of the other terms, covenants and
conditions hereof, Landlord hereby leases to Tenant and Tenant hereby takes from Landlord,
the Premises, TO HAVE AND TO HOLD said Premises for the lease term, and upon the terms
and conditions set forth in this lease, including the exhibits hereto.
2.2 The Landlord and Tenant may terminate this lease upon the mutual agreement of the Landlord
and Tenant.
2.3 In no event shall Landlord forfeit the accumulated monthly credits applicable to the purchase of
the real property described in Exhibit "B." Tenant shall forever honor said credits and shall apply
them to Landlord's purchase of the real property described in Exhibit "B," whenever that may
occur. TENANT REPRESENTS TO LANDLORD THAT, AS OF THE COMMENCEMENT DATE OF THIS LEASE,
TENANT IS THE SOLE OWNER OF THE REAL PROPERTY DESCRIBED IN EXHIBIT "B" AND THAT THERE ARE
NO LIENS, ENCUMBRANCES, OR OTHER PERSONS CLAIMING ANY OWNERSHIP OF OR INTEREST IN THE
REAL PROPERTY DESCRIBED IN EXHIBIT "B." TENANT FURTHER REPRESENTS TO LANDLORD THAT, IF
LANDLORD MUST SEEK SPECIFIC PERFORMANCE TO ACQUIRE THE REAL PROPERTY DESCRIBED IN
EXHIBIT "B," THEN TENANT WILL COOPERATE WITH LANDLORD IN ANY AND ALL COURT OR
ADMINISTRATIVE PROCEEDINGS REQUIRED TO SECURE LANDLORD'S OWERSHIP IN FEE SIMPLE OF THE
REAL PROPERTY DESCRIBED IN EXHIBIT "B."
2.4 Tenant shall notify Landlord in writing within seven (7) calendar days after the real property
described in Exhibit "B" shall be continuously vacant of human habitation for any 60 day period,
which vacancy shall immediately accelerate Landlord's right to purchase said real property
described in Exhibit "B" for the price specified in section 1.1(k) above minus the amount of credits
accumulated in Landlord's favor during the term of this lease. After the Commencement date of
this lease, Tenant shall not permit any natural person(s), other than the one natural person
residing at the real property described in Exhibit "B" on the Commencement date of this lease,
to become a resident of or to occupy said property, except for temporary caregivers for the one
natural person residing at said property on the Commencement date of this lease.
ARTICLE 111. Acceptance of Premises by Execution of Lease.
3.1 By executing this lease and delivering an executed copy of this lease to Landlord, Tenant shall
be deemed to have accepted this lease and to have affirmatively acknowledged that Tenant
shall comply fully with all of the responsibilities of this lease and with all of Landlord's
covenants and obligations hereunder.
ARTICLE IV. Rent.
4.1 Rental will accrue hereunder from the Commencement Date, and will be payable to Landlord at
Landlord's address.
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Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
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4.2 Tenant will pay rent in monthly installments in the amounts specified in Section 1.1 (k) above. The
first such monthly installment shall be due on the first day of Commencement Date and each
succeeding calendar month during the lease term.
4.3 It is understood that the minimum guaranteed rental is payable on or before the first day of
the month (in accordance with Section 4.2 of this lease) without offset or deduction of any nature.
In the event that any rental payment is received more than five (5) calendar days after its due
date, Tenant shall pay to Landlord a late charge of $25 dollars per day. Late charges must be paid on or
before the first day of the month after they are accrued. An accumulation of $300 in unpaid late charges
shall constitute a material breach of this lease.
ARTICLE V. Use and Care of Premises and Insurance.
5.1 The Premises may be used only for the purpose specified in Section 1.1 (p) above, and for no other
purpose without the prior written consent of Landlord. In the transaction of business in the
Premises, Tenant must use the Tenant's name or trade name specked in Section 1.1 (e) above and no
other trade name without the prior written consent of Landlord. Tenant must not at any time leave the
Premises vacant, but will in good faith continuously throughout the term of this lease conduct and carry
on in the entire Premises the activities for which the Premises are leased.
5.2 Tenant shall not, without Landlord's prior written consent, keep anything within the Premises or use the
Premises for any purpose which increases the Landlord's insurance premium cost or
invalidates any insurance policy carried on the Premises or other parts of the building. All property
kept, stored or maintained within the Premises by Tenant shall be at Tenant's sole risk and Tenant will insure
said property.
5.3 Tenant shall procure at its sole expense any permits and licenses required for the transaction
of business in the Premises and shall otherwise comply with all applicable laws, ordinances,
and governmental regulations.
5.4 Landlord shall insure the structure of the Premises, but shall not be responsible for insuring
the contents of the Premises.
ARTICLE VI. Maintenance and Repairs.
6.1 Landlord shall, at Landlord's sole expense, maintain, and repair the exterior of the
building, including but not limited to the roof, the foundation, parking lot, landscaping, and
the exterior walls of the Premises in good repairand condition, including minor maintenance, which
means work that can be completed in a day and that uses only stock parts or materials.
Tenant shall be required to make any repairs occasioned by the acts or negligence of
Tenant, its agents, employees, licensees, concessionaires, and invitees. Additionally,
Tenant shall be solely responsible for the maintenance, repair, and replacement of the
heating and air conditioning systems, plumbing systems, existing electrical wiring and
related systems; the landscaping; exterior door and exterior window failures, whether or
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Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
not caused by Tenant or Tenant's agents, employees, licensees, concessionaires, or
invitees. Tenant will also be responsible for painting the exterior wood of the building every
3 to 5 years. Tenant must give immediate written notice to Landlord of the need for repairs
to the Premises and Tenant will have ten (10) calendar days to make such repairs or
replacements from the date notice is delivered to Landlord, unless such repairs or
replacements are critical to operations, in the case of emergency health and safety issues,
or related to Health Department codes. If unable to be completed within ten (10) calendar
days, commenced during such time and completed as soon as possible, but not more than
twenty (20) calendar days after notice is delivered to Landlord. Tenant's liability for such repairs
will be limited to the cost of such repairs, including materials, labor, design, and purchasing.
6.2 Tenant must keep the Premises free of liens and in good, clean condition and must, at Tenant's
sole cost and expense, keep the Premises free of insects, rodents, and other pests and make
all required repairs and replacements, including replacement of interior cracked or broken
glass, fire protections under and above the Premises. If any repairs required to be made by
Tenant hereunder are not made within ten (10) calendar days after written notice delivered
to Tenant by Landlord or if unable to be completed within ten (10) calendar days,
commenced during such time and completed as soon as possible, Landlord may at its
o ptio n m a ke su ch repairs without liability to Tenant for any loss or, damage which may result to Tenant's
personal property or activities by reason of such repairs, and Tenant will pay the Landlord upon
demand, as additional rental hereunder, the cost of such repairs plus interest at the maximum
contractual rate which could legally be charged in the event of a loan of such payment to Tenant (but in no
event to exceed 1 %2 % per month), from the date of payment by Landlord until repaid by Tenant. At the
expiration of this lease, Tenant must surrender the Premises in good condition, excluding
normal wear and tear.
6.3 Any electrical, plumbing, and other utility outlets, fixtures, bulbs, tubes and other parts between the
Premises and the curb in front of and behind the Premises (including any such items in, on and under any
canopy) must be maintained, repaired, and replaced when necessary by Tenant, at Tenant's expense.
ARTICLE VII. Alterations
7.1 Tenant shall provide a "tenant finish" plan to Landlord. ("Tenant finish" being defined as after Lease is
signed, Tenant will begin modifications to the Premises as per mutually approved Tenant layout. This work
includes all deconstruction and reconstruction to a "finish out" level where Tenant can begin to utilize the
Premises for church purposes.) Landlord will review the Tenant's plan in writing within thirty (30) calendar
days of the delivery of the "tenant finish" plan. In the event that Landlord fails to provide a response
approving or requesting revisions to the "tenant finish" plan within thirty (30) calendar days, then the "tenant
finish" plan will be deemed to have been approved. Tenant is solely responsible to pay for the Tenant finish.
All unattached fixtures must be removed from the Premises at the expiration of the lease by Tenant. All
attached fixtures become property of Landlord at conclusion of lease.
7.2 All construction work to be done by Tenant within the Premises must be performed in a good
and workmanlike manner, in compliance with all governmental requirements, and preserving the
integrity of the theme of the premise.
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Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
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ARTICLE VIII. Landlords Rights to Access; Use of Roof; Parking
8.1 Landlord shall have the right to enter the Premises at any reasonable time with twenty four hours
prior notice (except for the case of emergency, in which case Landlord may enter immediately)
for the purpose of inspecting the same, or of making repairs to the Premises, or of making
repairs, alterations or additions to adjacent premises, or of showing the Premises to prospective
lessees, but in no event (except in the case of emergency) shall Landlord's entrance upon the
Premises interrupt Tenant's use of the Premises for church purposes. Tenant shall have
responsibility for the cost of maintenance and repair of the roof. Landlord will have the right to
use the parking areas of the Premises during any and all festivals or special events sponsored
by Landlord in whole or in part, or under a permit issued by Landlord, with a minimum of 14
calendar days notice to Tenant.
ARTICLE IX. Signs; Store fronts.
9.1 Tenant shall not, without Landlord's prior written consent, (a) make any changes to the front of
the Premises; (b) install any exterior lighting, decorations or paintings; or (c) erect or install any
signs, window or door lettering, placards, decorations or advertising media of any type that can
be viewed from the exterior of the Premises. No political signage is allowed on the Premises,
meaning no signage "for" or "against' any political candidate or ballot measure. Tenant
acknowledges that Landlord must approve in writing any and all signs, awnings,
and any other alterations made to the exterior of the building before such
alterations are made. Tenant shall keep all signs on the Premises in good condition and in
proper operation at all times.
9.2 In the event Tenant does not exercise an option to renew this lease, Landlord may display
an appropriate "For Lease" sign on the exterior of the Premises for the period commencing three
(3) months prior to the end of the lease.
ARTICLE X. Utilities.
10.1 Landlord agrees to provide at Commencement Date, the utility service connections necessary
to supply water, gas, electricity from the pole to the building, telephone service, and sewage
service sufficient for Tenant's Permitted Use.
10.2 Tenant agrees to pay all charges for water service, sewer service, gas service, electricity service,
telephone service, and all other utility services furnished to the Premises, including all initial
connection charges and security deposits.
10.3 Landlord shall not be liable for any interruption whatsoever in any utility services, including
interruptions caused by fire, accident, strike, acts of God, or other causes beyond the control of
Landlord or in order to make alterations, repairs, or improvements.
ARTICLE XI. Indemnity and Public Liability Insurance.
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Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
11.1 LANDLORD SHALL NOT BE LIABLE TO TENANT OR TO TENANT'S EMPLOYEES, AGENTS OR VISITORS,
OR TO ANY OTHER PERSON WHOMSOEVER FOR ANY INJURY TO PERSON OR DAMAGE TO PROPERTY
ON OR ABOUT THE PREMISES CAUSED BY NEGLIGENCE OR MISCONDUCT OF TENANT, ITS
EMPLOYEES, LICENSEES CONCESSIONAIRES, OR ANY OTHER PERSON ENTERING THE PREMISES UNDER
EXPRESS OR IMPLIED INVITATION OF TENANT OR ARISING OUT, OF THE USE OF THE PREMISES BY TENANT IN
THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, AND TENANT HEREBY AGREES TO INDEMNIFY
LANDLORD AND HOLD IT HARMLESS FROM ANY LOSS, EXPENSE OR CLAIM ARISING OUT OF SUCH DAMAGE
OR INJURY.
11.2 Tenant shall procure and maintain throughout the term of this lease a policy or policies of
insurance, at Tenant's sole cost and expense, insuring both Landlord and Tenant against all
claims, demands, or actions arising out of or in connection with Tenant's use or occupancy of the
Premises, the limits of such policy or policies to be in an amount of not less than $1,000,000.00
with respect to injuries or death due to any one accident or disaster, and in an amount of not
less than $1,000,000.00 with respect to property damage, and to be written by insurance
companies satisfactory to Landlord. Tenant must obtain a written obligation on the part of each
insurance company to notify Landlord at least ten (10) calendar days prior to cancellation of such insurance.
Duly executed complete copies of such insuranceolp icier must berop mptly delivered to Landlord with
the executed lease and deposit and be updated at least thirty 30 calendar days before the
expiration -of the respective insuranceop licy terms. Landlord must be named as an additional
insured on such insurance policies. The Premises must be listed under "Description of
Operations" in such insuranceolp icies. If Tenant should fail to comply with the foregoing
requirements relating to insurance, Landlord may obtain such insurance, and Tenants will pay Landlord
on demand as additional rent hereunder the premium cost thereof plus interest at the
maximum contractual rate (but in no event to exceed 1 %2 % per month) from the date of
payment by Landlord until repaid by Tenant.
ARTICLE XII. Non -Liability for Certain Damages.
12.1 LANDLORD AND LANDLORD'S AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INJURY TO ANY
PERSON OR DAMAGE TO PROPERTY CAUSED BY THE PREMISES OR BECOMING OUT OF REPAIR OR BY DEFECT
IN OR FAILURE OF EQUIPMENT, PIPES OR BROKEN GLASS, OR BY THE BACKING UP OF DRAINS, OR BY GAS,
WATER, STEAM, ELECTRICITY OR OIL LEAKING, ESCAPING OR FLOWING INTO PREMISES. (EXCEPT
WHERE DUE TO LANDLORD'S WILLFUL FAILURE TO MAKE REPAIRS REQUIRED TO BE MADE
HEREUNDER, AFTER THE EXPIRATION WRITTEN NOTICE TO LANDLORD OF THE NEED FOR SUCH
REPAIRS AS PROVIDED FOR HEREIN, NOR WILL LANDLORD BE LIABLE TO TENANT FOR ANY DAMAGE
THAT MAY BE OCCASIONED BY OR THROUGH THE ACTS OR OMISSIONS OF THIRD PARTIES THAT ARE NOT THE
AGENTS, EMPLOYEES, OR REPRESENTATIVES OF LANDLORD.
ARTICLE X111. Damage By Casualty.
13.1 In the event that the Premises are damaged or destroyed by fire or other casualty insurable under
standard fire and extended coverage insurance and Landlord does not elect to terminate this lease as
hereinafter provided, Landlord will proceed with reasonable diligence at its sole cost and
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
expense to rebuild and repair the Premises and this lease will continue in full force and effect.
If the Premises or any part of the Premises is damaged by fire or other casualty to such an extent that
rebuilding thereof cannot reasonably be completed within ninety (90) calendar days after such
casualty, then Landlord may elect either to terminate this lease or to proceed to rebuild and
repair the Premises, or other part of the retail units. Landlord will give written notice to tenant of
whether it intends to repair or rebuild the Premises within thirty (30) calendar days after the occurrence
of such casualty. Notwithstanding any provisions herein to the contrary, in the event that Landlord cannot
complete the necessary rebuild or repair to the Premises within 120 calendar days from the date of the
casualty, then Tenant will have the right to terminate this Lease in Tenant's sole discretion.
13.2 Landlord's obligation to rebuild and repair under this Article XIII will, in any event, be limited to
restoring the Premises to substantially the condition in which the same existed prior to the
casualty, exclusive of any work performed by Tenant and improvements, fixtures and equipment installed
by Tenant. Tenant agrees that promptly after completion, of such work by Landlord, Tenant will
proceed with reasonable diligence and at Tenant's sole cost and expense to restore, repair,
and replace all alternations, additions, improvements, fixtures, signs, and equipment installed, by
Tenant. Tenant will, at all times, keep its fixtures, alterations, additions, improvements, signs,
equipment, and other property situated within the Premises sufficiently insured against fire and other
casualties.
13.3 Tenant agrees that during any part of reconstruction or repair of the Premises it will continue
the operation of Tenant's church purposes within the Premises to the extent practicable. During
the period from the occurrence of the casualty until Landlord's repairs are completed, the
minimum guaranteed rental will be reduced to such extent as may be fair and reasonable under the
circumstances. The minimum guaranteed rent to be paid by Tenant will recommence sixty (60) calendar
days following substantial completion of Landlord's repair work in order to allow Tenant sufficient time to
complete its repairs to be able to reopen the Premises for church purposes.
ARTICLE XIV. Personal Property Taxes.
14.1 Tenant shall be liable for all taxes levied against personal property and fixtures placed by
Tenant in the Premises. If any such taxes are levied against Landlord or Landlord's property
and if Landlord elects to pay the same or if the assessed value of the Landlord's property is
increased by inclusion of personal property and fixtures placed by Tenant in the Premises
and Landlord elects to pay the taxes based on such increase, Tenant will pay to Landlord
upon demand that part of such taxes for which Tenant is primarily liable hereunder.
14.2 Notwithstanding anything herein to the contrary, Tenant shall not be liable for any ad valorem
taxes as long as Tenant maintains a tax exempt status under Texas law.
ARTICLE XV. Default by Tenant and Remedies.
15.1 The following events shall be deemed to be events of default by Tenant under this lease:
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Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
(a) Tenant fails to pay any installment of rent, late fees, or reimbursable expenses hereunder and
such failure continues for a period of ten (10) calendar days after written notice is delivered to
Tenant.
(b) Tenant fails to comply with any term, provision, or covenant of this lease, other than the
payment of rent, and fails to cure such failure within thirty (30) calendar days after written
notice thereof is delivered to Tenant.
(c) Tenant becomes insolvent, or makes a transfer in fraud of creditors, or makes an
assignment for the benefit of creditors.
(d) Tenant files a petition under any section or chapter of the federal Bankruptcy Act, as
amended, or under any similar law or statute of the United States or any State thereof; or
Tenant is adjudged bankrupt or insolvent in proceedings filed against Tenant.
(e) A receiver or Trustee is appointed for the Premises or for all or substantially all of the assets of
Tenant or any guarantor of Tenant's obligation under this lease.
(f) Tenant abandons or vacates any substantial portion of the Premises.
(g) Tenant's act or omission causes or permits a lien to be filed upon the Premises.
15.2 In the event of one or more of the foregoing events of default by Tenant, Landlord shall have
the following remedies:
(a) Without declaring the Lease terminated, Landlord may enter upon the Premises, by
picking or changing locks If necessary, and lock out, expel or remove Tenant and any
other person who may be occupying all or part of the Premises without being liable for any
claim for damages, and relet the Premises on behalf of Tenant and receive the rent directly
by reason of the reletting. Tentant agrees to pay Landlord on demand any deficiency that
may arise by reason of any reletting of the Premises; further, Tenant agrees to reimburse
Landlord for any expenditures made by Landlord in order to relet the Premises, including,
but not limited to, remodeling and repair costs.
(b) Without declaring the Lease terminated, Landlord may enter upon the Premises, by picking or
changing locks if necessary without being liable for any claim for damages, and do whatever
Tenant is obligated to do under the terms of this Lease. Tenant agrees to pay Landlord on
demand for any expenses which Landlord may incur in effecting compliance with Tenant's
obligations under this Lease; further, Tenant agrees that Landlord will not be liable for any
damages resulting to Tenant from effecting compliance with Tenant's obligations under this
Lease caused by the negligence of Landlord or otherwise.
(c) Landlord may terminate this Lease, in which event Tenant must immediately surrender the
Premises to Landlord, and if Tenant fails to surrender the Premises, Landlord may, without
prejudice to any other remedy which it may have for possession of arrearages in rent, enter upon
and take possession of the Premises, by picking or changing locks if necessary, and lock out,
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Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
expel, or remove Tenant and any other person who may be occupying all or any part of the
Premises without being liable for any claim for damages. Tenant agrees to pay on demand the
amount of all loss and damage which Landlord may suffer for any reason due to the termination
of this Lease including (without limitation) loss and damage due to the failure of Tenant to
maintain and/or repair the Premises as required hereunder and/or due to the inability of Landlord
to relet the Premises on satisfactory terms or otherwise.
15.3 Landlord acknowledges and agrees that following a default by Tenant under this Lease, of
any right granted hereunder or under any applicable law to lock out or change the locks securing the
Premises, Landlord shall provide Tenant with notice as required by the provisions of Chapters 92 and 93
of the Texas Property Code, and any amendments, modifications, recodification or any other changes
thereto.
15.4 Arent concession or waiver of the base rent shall not relieve Tenant of any obligation to pay any other
charges due and payable under this Lease.
15.5 Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by
Landlord only by written notice of such termination to Tenant given in accordance with Section XVIII, and
no other act or omission of Landlord will be construed as a termination of this Lease.
15.6 All rights and remedies of Landlord herein or existing at law or in equity and the exercise of one or more
rights or remedies will not be taken to exclude or waive the right to the exercise of any other.
15.7 In the event of any legal action or proceeding brought by either party against the other
arising out of this lease, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs incurred in such action and such amount to be included in
any judgment rendered in such proceeding.
15.8 Landlord hereby acknowledges receipt from Tenant of the sum stated in Section 1.1(k) above, to be
applied to the first accruing installments of rent Landlord further acknowledges receipt from Tenant of
the sum stated in Section 1.1(m) above to be held by Landlord, without interest, as security for the
performance by Tenant of Tenant's covenants and obligations under this lease, it being expressly
understood that such deposit Is not an advance payment or rental or as measure of Landlord's
damages in case of default by Tenant. Upon the occurrence of any event of default by Tenant, Landlord
may from time to time, without prejudice to any other remedy provided herein or provided by law, use
such funds to the extent necessary to make good any arrears of rent and any other damage, injury,
expense or liability caused to Landlord by such event or default, and Tenant will pay to Landlord on
demand the amount so applied in order to restore the security deposit to its original amount. If Tenant
is not then in default hereunder, any remaining balance of such deposit will be returned by Landlord
to Tenant upon termination of this lease.
ARTICLE XVI. LANDLORD'S LIEN.
16.1 IN ADDITION TO THE STATUTORY LANDLORD'S LIEN, LANDLORD WILL HAVE AT ALL TIMES A
VALID SECURITY INTEREST TO SECURE PAYMENT OF ALL RENTAL AND OTHER SUMS OF
10
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
UR
MONEY BECOMING DUE HEREUNDER FROM TENANT, AND TO SECURE PAYMENT OF ANY
DAMAGES OR LOSS WHICH LANDLORD MAY SUFFER BY REASON OF THE BREACH BY
TENANT OF ANY COVENANT, AGREEMENT OR CONDITION CONTAINED HEREIN, UPON ALL
GOODS, WARES, EQUIPMENT, FIXTURES, FURNITURE, IMPROVEMENTS AND OTHER
PERSONAL PROPERTY OF TENANT PRESENTLY, OR WHICH MAY HEREAFTER BE, SITUATED
ON THE DEMISED PREMISES, AND ALL PROCEEDS THEREFROM, AND SUCH PROPERTY
MUST NOT BE REMOVED THEREFROM WITHOUT THE CONSENT OF LANDLORD UNTIL ALL
ARREARAGES IN RENT AS WELL AS ANY AND ALL OTHER SUMS OF MONEY THEN DUE TO
LANDLORD HEREUNDER MUST FIRST HAVE BEEN PAID AND DISCHARGED AND ALL THE
COVENANTS,. AGREEMENT AND CONDITIONS HEREOF HAVE BEEN FULLY COMPLIED WITH
AND PERFORMED BY TENANT. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT BY
TENANT, LANDLORD MAY, IN ADDITION TO ANY OTHER REMEDIES PROVIDED HEREIN OR
UNDER THE UNIFORM COMMERCIAL CODE AS ADOPTED BY THE STATE IN WHICH THE
PREMISES ARE LOCATED (INCLUDING WITHOUT LIMITATION TEXAS SECTION 9.505 (B)),
THEREOF OR ITS EQUIVALENT, ENTERUPON THE PREMISES AND TAKE POSSESSION OF ANY
AND ALL GOODS, WARES, EQUIPMENT, FIXTURES, FURNITURE, IMPROVEMENTS AND OTHER
PERSONAL PROPERTY OF TENANT SITUATED ON THE PREMISES, WITHOUT LIABILITY FOR
TRESPASS OR CONVERSION, AND SELL THE SAME AT PUBLIC OR PRIVATE SALE, WITH OR
WITHOUT HAVING SUCH PROPERTY AT THE SALE, AFTER GIVING TENANT REASONABLE
NOTICE OF THE TIME AND PLACE OF ANY PUBLIC SALE OR OF THE TIME AFTER WHICH ANY
PRIVATE SALE IS TO BE MADE, AT WHICH SALE THE LANDLORD OR ITS ASSIGNS MAY
PURCHASE UNLESS OTHERWISE PROHIBITED BY LAW. UNLESS OTHERWISE PROVIDED BY
LAW, AND WITHOUT INTENDING TO EXCLUDE ANY OTHER MANNER OF GIVING TENANT
REASONABLE NOTICE, THE REQUIREMENT OF REASONABLE NOTICE WILL BE MET IF SUCH
NOTICE IS GIVEN IN THE MANNER PRESCRIBED IN THIS LEASE AT LEAST TEN CALENDAR
DAYS BEFORE THE TIME OF SALE. ANY SALE MADE PURSUANT TO THE PROVISION OF THIS
PARAGRAPH WILL BE DEEMED TO HAVE BEEN A PUBLIC SALE' CONDUCTED IN A
COMMERCIALLY REASONABLE MANNER IF HELD IN THE ABOVE DESCRIBED PREMISES OR
WHERE THE PROPERTY IS LOCATED AFTER THE TIME, PLACE AND METHOD OF SALE AND A
GENERAL DESCRIPTION OF THE TYPES OF PROPERTY TO BE SOLD HAVE BEEN ADVERTISED
IN A DAILY NEWSPAPER PUBLISHED IN THE COUNTY IN WHICH THE RETAIL SPACE IS
LOCATED FOR FIVE CONSECUTIVE CALENDAR DAYS BEFORE THE DATE OF THE SALE. THE
PROCEEDS FROM ANY SUCH DISPOSITION, LESS ANY AND ALL EXPENSES CONNECTED
WITH THE TAKING OF POSSESSION, HOLDING AND SELLING OF THE PROPERTY (INCLUDING
REASONABLE ATTORNEY'S FEES AND LEGAL EXPENSES); MUST BE APPLIED AS A CREDIT
AGAINST THE INDEBTEDNESS SECURED BY THE SECURITY INTEREST GRANTED IN THIS
PARAGRAPH. ANY SURPLUS MUST BE PAID TO TENANT OR AS OTHERWISE REQUIRED BY
LAW. THE TENANT MUST PAY ANY DEFICIENCIES FORTHWITH UPON REQUEST BY
LANDLORD.THE STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE SECURITY
INTEREST HEREIN GRANTED BEING IN ADDITION AND SUPPLEMENTARY THERETO
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LANDLORD HAVE ANY LIEN OR
INTEREST, SECURITY OR OTHERWISE, IN TENANTS RECORDS OR FILES.
16.2 LANDLORD MAY WAIVE THIS PROVISION WHERE TENANT FINDS IT NECESSARY TO
BORROW FUNDS ON REMOVEABLE EQUIPMENT, FIXTURES, AND PANELS.
11
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
XYTA121
ARTICLE XVIL Holding Over.
17.1 In the event Tenant remains in possession of the Premises after the expiration of this lease
and without the execution of a new lease, Tenant will be deemed to be occupying said Premises
as a Tenant from month to month at a rental of $4,500.00 per month and Tenant shall be
otherwise subject to all the conditions, provisions, and obligations of this lease insofar as
the same are applicable to a month-to-month tenancy, except that Tenant shall not be
entitled to any credit offset such that Tenant shall pay the entire monthly rental in money.
ARTICLE XVIII. Notice.
18.1 Wherever any notice is required or permitted hereunder, such notice must be in writing. Any notice or
document required or permitted to be delivered hereunder will be deemed to be delivered
whether actually received or not when deposited in the United States Mail, postage prepaid,
Certified or Registered Mail, Return Receipt Requested, addressed to the parties hereto at the
respective addresses set out in Section 1.1 above (even if Tenant shall have vacated) or at such
other addresses as the parties hereto have specified by written notice.
18.2 If and when included within the term "Landlord" as used in this instrument there are more than one person,
firm or corporation, and all must jointly arrange among themselves for their joint execution of
such notice specifying some individual at some specific address for the receipt of notices and
payments to the Landlord; if and when included within the term "Tenant" as used in this
instrument there are more than one person, firm or corporation, and all must jointly arrange
among themselves for their joint execution of such a notice specifying some individual at some
specific address for the receipt of notices and payment to Tenant. All parties included with the terms
"Landlord" and "Tenant", respectively, shall be bound by notices and payments given in accordance with
the provisions of this Article to the same effect as if -each had received such notice or payment.
In addition, Tenant agrees that notices to Tenant may be given by Landlord's attorney, property manager
or other agent.
ARTICLE XIX. Waiver of Subrogation.
19.1 Landlord and Tenant each hereby release the other from any and all liability or responsibility to the other,
or to any other party claiming through or under them by way of subrogation or otherwise, for any
loss or damage to property caused by a casualty which is insurable under standard fire and
extended coverage insurance, provided, however, that this mutual waiver will be applicable
only with respect to a loss or damage occurring during the time when standard fire and extended
coverage insurance policies contain a clause or endorsement to the effect that any such release will not
adversely affect or impair the policy or the right of the insured party to receive proceeds under the
policy.
12
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
ARTICLE XX. Regulations.
20.1 Landlord and Tenant acknowledge that there are in effect federal, state; county and municipal
laws, orders, rules, directives and regulations (collectively referred to hereinafter as the
"Regulations") and that additional Regulations may hereafter be enacted or go into effect, relating to or
affecting the Premises, and concerning the impact on the environment of construction, land use,
maintenance and operation of structures, and conduct of business. Subject to the express
rights granted to Tenant under the terms of this lease, Tenant will not cause, or permit; to be
caused, any act or practice, by negligence, omission, or otherwise, that would adversely affect
the environment, or do anything to permit anything to be done that would violate any of said
Regulations. Moreover, Tenant will have no claim against Landlord by reason of any changes
Landlord may make the Premises pursuant to said Regulations or any charges imposed upon
Tenant, Tenant's customers, or other invitees pursuant to same.
ARTICLE XXI. No Assignment, Transfer, or Subletting.
21.1 Tenant shall not assign this lease. Tenant shall not transfer this lease or any estate or interest in this
lease. Tenant shall not sublet the Premises or any part of the Premises.
ARTICLE XXII. Miscellaneous.
22.1 Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third
party, as creating the relationship of principal and agent or of partnership or of joint venture
between the parties hereto, it being understood and, agreed that neither the method of computation of
rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be
deemed to create any relationship of Landlord and Tenant. Whenever herein the singular number
is used, the same shall include the plural, and words of any gender shall include each other gender.
22.2 One or more waivers of any covenant, term or condition of this Lease by either party shall not be
construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent
or approval by either party to or of any act by the other party requiring such consent or approval shall
not be deemed to waive or render unnecessary consent to or approval of any subsequent similar
act.
22.3 Whenever a period of time is herein prescribed for action to be taken by Landlord or tenant,
Landlord and Tenant will not be liable or responsible for, and there must be excluded from
the computation of any such period of time, any delays due to strikes, riots, acts of God, shortages of
labor or materials, war, governmental laws, regulations or restrictions' or any other causes of
any kind whatsoever which are beyond the reasonable control of Landlord or Tenant.
22.4 Landlord agrees that if Tenant shall perform all of the covenants and agreements herein
required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all
times during the continuance of this lease have the peaceable and quiet enjoyment and possession
of the Demised Premises.
13
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
X17;121
22.5 This Lease contains the entire agreement between the parties, and no agreement shall be effective to
change, modify or terminate this lease in whole or in part unless such agreement is in writing
and duly signed by the party against whom enforcement of such change, modification or termination is
sought.
22.6 The laws of the State of Texas in which the Premises are located shall govern the
interpretation, validity, performance and enforcement of this Lease.
22.7 If any provision of this Lease should be held to be invalid or unenforceable, the validity
and enforceability of the remaining provisions of this Lease shall not be affected thereby.
22.8 The terms, provisions and covenants contained in this Lease shall apply to, inure to the
benefit of and be binding upon the parties hereto and their respective heirs, successors in
interest and legal representatives except as otherwise herein expressly provided.
22.9 In addition to the minimum guaranteed rental payable hereunder, all other payments to be
made by Tenant to Landlord, shall be deemed to be and shall become additional rental
hereunder whether or not the same be designated as such, and Landlord shall have the
same remedies for failure to pay the same as for non-payment of rent.
22.10 In the event any provision of an Addendum attached hereto shall be inconsistent with a provision in the
body of the Lease, the provision as set forth in the Addendum shall be deemed to control.
22.11 The submission of this Lease to Tenant for examination does not constitute a reservation of
or option for the Premises and this lease becomes effective only upon execution by Landlord and
Tenant.
22.12 There are attached hereto and incorporated herein by reference the following Exhibits:
EXHIBIT A: PROPERTY REPRESENTATION OF LOT WHERE DEMISED PREMISES ARE LOCATED
EXHIBIT B: REAL PROPERTY TO BE SOLD BY TENANT TO LANDLORD AS PART OF THE
CONSIDERATION FOR THIS LEASE
EXHIBIT C: RULES AND REGULATIONS THAT TENANT SHALL FOLLOW
EXHIBIT D: TENANT'S OPTION TO PURCHASE THE REAL PROPERTY REPRESENTED BY EXHIBIT A
22.13 Tenant warrants that it has had no dealings with any broker or agent in connection with
the negotiation or execution of this Lease other than Landlord's broker, if any.
22.14 Commencement date may be delayed, but not to exceed a reasonable time period in the
event of shortages of material or labor for Tenant to begin the Tenant finish; however not
including delays caused by Tenant or caused by Acts of God.
22.15 No amendment, modification, or alteration of this Lease is binding unless in writing, dated
subsequent to the Commencement Date of this Lease, and duly executed by the parties.
Im
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
DRAFT
22.16 Tenant must record this Lease in the real property records of Tarrant County, Texas.
Failure to record this Lease will constitute a default hereunder by Tenant.
Executed as of the date stated above.
LANDLORD: City of Grapevine, Texas, a Home Rule Municipality
By:
Bruno Rumbelow
Title: City Manager
TENANT: The First United Methodist Church, Grapevine, Texas, a Texas nonprofit
corporation
By.
Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned on this day personally appeared
,* ** and attested that *** is
authorized to sign on behalf of The First United Methodist Church, Grapevine, Texas, a Texas nonprofit
corporation, and proved to me through the presentation of a valid Texas Driver's License to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that ***
executed the same for the purposes and consideration therein expressed. M_****.
* furthermore attested that *** is signing this document in ***** capacity
as ** for and on behalf of The First United Methodist Church, Grapevine, Texas,
and that such capacity makes ***** signature valid and binding to The First United Methodist
Church, Grapevine, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
15
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
NOTARY OF PUBLIC,
State of Texas
My Commission Expires:
1
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
Rules and Regulations that Tenant Shall Follow
1. Tenant's use and occupancy of the Premises must at all times comply with all applicable
federal, state and local laws, codes, ordinances, rules, and regulations. Tenant, its agents,
servants, and employees must not block or obstruct any of the entries, passages, doors
hallways or stairways of the Senior Activities Center Building, or place, empty or throw any
rubbish, litter, trash or material of any nature into such areas, or permit such areas to be
used at any time except for ingress and egress of Tenant, Its agents, servants, employees,
visitors or invitees.
2. Safes and other heavy equipment must be moved into the Premises only with Landlord's
written consent and must be placed where directed by Landlord. Any damage done to the
Premises by taking in or removing any Tenant property, equipment, or furniture, other than
pre -agreed to equipment, or from overloading any floor in any way, must be paid for by the Tenant
upon demand by Landlord.
3. No sign, advertisement, or notice shall be displayed, painted or affixed by Tenant, its
agents, servants, or employees in or on any part of the outside of the Premises without prior
written consent of Landlord.
4. Landlord is not responsible for lost or stolen personal property, equipment, money or any
article taken from the Premises.
5. Tenant shall keep Premises in a clean and tidy condition at all times and shall keep in an
orderly manner all bars, shelves and other devices used for display and sale of merchandise. Tenant
shall take care to present at all times product and event spaces that are neatly and safely
displayed.
6. Tenant, its agents, servants and employees shall not install or operate any kitchen,
refrigerating, heating or air conditioning apparatus or carry on any mechanical operation or
bring into the Premises any flammable fluids other than those which have been preapproved in
writing in the remodel floor plan. Any additional item which Tenant desires to install shall be subject to
the written approval of Landlord, such approval not to be unreasonably withheld.
7. Tenant, Its agent, servants or employees shall not bring into the Complex or Premises or keep on the
Premises any dog, bird or animal, except a Seeing Eye dogs or other animal necessary
for the assistance of a disabled person.
8. No additional locks shall be placed on any door in or providing access to the Premises
unless Landlord is given a key to the lock at the time that it is installed. Twelve keys to
the Premises will be furnished by Landlord and neither Tenant, its agents, servants, or
employees will have any duplicate keys made without the consent of Landlord, such
consent not to be unreasonably withheld. Landlord may at all times keep a pass key to,
the Premises. All keys shall be -returned to Landlord promptly upon termination of the Lease.
9. Tenant shall give Landlord prompt notice of all accidents to or defects in air conditioning equipment,
plumbing, and electric facilities or any -part or appurtenance of the Premises.
10. Landlord will not permit entrance to Tenant's offices by use of pass keys controlled by
Landlord to any person at any time without permission by Tenant, except employees,
contractors, or service personnel directly supervised by Landlord.
17
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
11. Tenant shall not use the sidewalk adjacent to or any other space outside the Premises for
display, sale or any other similar purpose or otherwise block those areas in any way unless previously
agreed to in writing.
12. Tenant shall not use the roof or exterior walls of the Premises for any purpose except that permitted by
the Lease. Tenant shall not cause a violation of, or do any act which may result in a
violation of, the roof bond with respect to the Premises. Landlord reserves the right to build
additional stories, levels or buildings above the Premises, none of which shall be deemed to
be part of the Premises. Neither Tenant nor its employees, invitees, licensees, contractors,
or subcontractors shall be allowed access to the roof without Landlord's prior written consent.
13.Tenant shall, at Tenant's expense, maintain the Premises in a clean, orderly and sanitary
condition free of insects, vermin, rodents and other pests. Tenant shall adhere to trash pick-
up procedures established from time to time by Landlord. During normal working hours, all
refuse, trash, garbage and containers or types approves by Landlord for the same will be
placed in the Premises as not to be visible from the exterior of the Premises orfrom the interior areas
of the Premises normally used by the public. Boxes will be flattened by Tenant before being put in the
trash containers (if applicable). No material shall be placed in the trash boxes or receptacles if the
material is of a nature that it may not be disposed of in the ordinary and customary manner of
removing and disposing of trash and garbage in the City in which the Premises are located
without being in violation of any law or ordinance governing such disposal.
14. Landlord may waive any one or more of these Rules for the benefit of any particular
tenant, but such waiver by Landlord shall not be construed as a waiver of such Rules from
thereafter enforcing all Rules against the Tenants.
15. Landlord may amend the Rules and make other and further reasonable rales as in its sole judgment are
from time to time necessary and desirable.
16. These rules are for the Landlord's benefit, and are in addition to, and shall not be construed
to in any way modify, alter or amend, in whole or in part, the terms, covenants,
agreements and conditions of any lease of Premises. Landlord has no liability for its failure to enforce
any of the Rules against any tenant.
17. Existing parking spaces in the parking lot of the Premises in Exhibit "A" will be available for use by
Tenant, except that, under Article VIII above, Landlord will have the right to use the parking areas
of the Premises during any and all festivals or special events sponsored by Landlord, in whole
or in part, with 14 calendar days notice to Tenant.
18. Landlord will provide thirty (30) Day written notice if there is a change in the "Rules and
Regulations".
18
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
W,4m 11 :112
Tenant's Option to Purchase the Real Property Represented by Exhibit A
If, during the term of this Lease, Landlord desires to sell the real property described in Exhibit "A,"
Landlord will notify Tenant in writing of Landlord's desire to sell said real property and simultaneously
give Tenant a copy a written appraisal of said real property. Said appraisal shall be performed by a
Certified General Appraiser who is licensed by and in good standing with the Texas Appraiser
Licensing and Certification Board. Landlord shall select said appraiser and pay for said appraisal.
Tenant shall provide an appraiser retained by Landlord complete access, during Tenant's regular
hours of operation, to the real property described in Exhibit "A," including the interior of the Premises
thereon. Tenant shall have the option, for 90 calendar days from receipt of said notice and appraisal
from Landlord, to buy said real property at the price specified in said appraisal. If Tenant fails to tender
the full amount of money specified in said appraisal to Landlord within 90 calendar days of receiving
said notice and appraisal, Landlord may sell said real property described in Exhibit "A" at Landlord's
sole discretion.
19
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
JEXHIBIT
ti
".9m1s NOJAWS
CMIIRCN
ti
".9m1s NOJAWS
Grantor s MaX.LM149 Addacess (ncludinq aom".1 • a e�
Road, Suite i01, Dallas, Dallas County, Texas 75230 ""----
" Grantee: First United Methodist Church, Grapevine, In Trust, that
said premises shall be kept, maintained, and disposed of for the
benefit. of The United Methodist Church and subject to the usages
and the Discipline,of The United Methodist Church. This provision
is solely for the benefit of the Grantee, and the Grantor reserves
no right or interest in said premises.
Grantee's fts111W Address (including county): 422 Church Street,
Grapevine, Tarrant County, Texas
Consideration:
For and in consideration o€—:he love and consideration
that we have for Grantee.
Property (including any improvements): All those certain three (3)
tracts of ,land more fully described by metes and bounds on
Exhibit A.
]Reservations from and Exceptions to Conveyances and Warranty:
See 8xhibit B
Grantor, for the consideration and subject- :to the
reservations from and exceptions to conveyances and warranty,
grants, sells,, and—conveys to Grantee 'the property, together with
all and singular the rights and appurtenances thereto in any wise
.belonging, to have and to hold it to Grantee, Grantee's heirs,
executors, administrators, successors, or assigns forever.
Grantor hereby binds Grantor and Grantor's heirs, executors,
actainistrators. and successors to warrant and forever defend all
and singular the proper=y to Grantee and Grantee's her=s,
executors, administrators, successors, and assigns$ against every
.—Person whomsoever lawfully claiming or to'claim the same or any
:. part thereof by, 'through and under them only except as to the
1
LEASE EXHIBIT B -PAGE I
GIM
"-
-
Y ,.
Data: "
lsateh 15,1999
Grantor: Kenneth W. Shaw and Carole C. Shaw
.�
544Q Fi t Hill
Grantor s MaX.LM149 Addacess (ncludinq aom".1 • a e�
Road, Suite i01, Dallas, Dallas County, Texas 75230 ""----
" Grantee: First United Methodist Church, Grapevine, In Trust, that
said premises shall be kept, maintained, and disposed of for the
benefit. of The United Methodist Church and subject to the usages
and the Discipline,of The United Methodist Church. This provision
is solely for the benefit of the Grantee, and the Grantor reserves
no right or interest in said premises.
Grantee's fts111W Address (including county): 422 Church Street,
Grapevine, Tarrant County, Texas
Consideration:
For and in consideration o€—:he love and consideration
that we have for Grantee.
Property (including any improvements): All those certain three (3)
tracts of ,land more fully described by metes and bounds on
Exhibit A.
]Reservations from and Exceptions to Conveyances and Warranty:
See 8xhibit B
Grantor, for the consideration and subject- :to the
reservations from and exceptions to conveyances and warranty,
grants, sells,, and—conveys to Grantee 'the property, together with
all and singular the rights and appurtenances thereto in any wise
.belonging, to have and to hold it to Grantee, Grantee's heirs,
executors, administrators, successors, or assigns forever.
Grantor hereby binds Grantor and Grantor's heirs, executors,
actainistrators. and successors to warrant and forever defend all
and singular the proper=y to Grantee and Grantee's her=s,
executors, administrators, successors, and assigns$ against every
.—Person whomsoever lawfully claiming or to'claim the same or any
:. part thereof by, 'through and under them only except as to the
1
LEASE EXHIBIT B - PAGE 2
reservations from and exceptions to warranty -
When the context requires, singular nouns and - pronouns
Include the plural.
Executed on the day f.i.rst abc
(ACKNOWLEDGMENT)
STATE OF TEXAS
COUNTY OF DALLAS /
This instrument was acknowledged before me on the -44P day of
March, 1999, by Kenneth W. Shaw and Carole C. Shaw.
Notary ub i , `state $f Texas
AFTER RECORDING, RETURN TO: PREPARED IN THE LAW OFFICES:
Kevin S. Marshall Kevin S. Marshall
7-A.4 Jackson Street 714 Jackson Street
Suite IAd Suite 100
Dallas, Texas 75202 Dallas, Teras 75.202
2
LEASE EXHIBIT B - PAGE 3
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-th&� z=u I 9:t;0Ur1daFv 1 irtc_ �tr.: -_�A I d Deav! ins. -If-. -tr-0,oA;
Souilt 88 degrees 18 ninvites 57 ae6onds East ''leav'In.9 sake!
"ams-temly- risht-of-uav I iT"- and swllh the '.houmdarV 11mof
aesma, .84.61 Fevt 't is b -*/2 Irch sicel rod found for thu soulhzas-t
icor-m-tr 'of said Ueazrlpq,Jr. tract:
"11-XN= 0:1 4vqmcvm' 07 ml.nulms 5-5 vcccrtam East with tne "sterlV
bo4rjearq line of o8�, 75.004crt -to a-1,12 1nc!-t capped sire). rod
-:wUmpcc! '11D.4K SU7V 11,C" seri fvr -L' r_=-the-_zt corner, cF vatd riearlrea
Jr.' tract:
TAkD,%1A_E Nnr-Lh 59 liesne-es IE? rt!mAer. 57 zt==nds Wem-4 ;4it-li tha
J!r-m r -l' sane, n.11 feet - to iheplace of L megir
, ins c.
andtaimins 0. 1417 -AcreL-v 'ane, ?=re.c, as =-ur---e5et4 by Dawid
L Inc. a?
�XNNl
.W -
Zl_�SE
EXHIBITB-PAG.E5 MMIEIT A
�Tract
THL%CE South 02 degrees 24 minutes 56 seconds +Ids: Continuing with
3
ALL brae certain yraC1 cr Parcei of iaraci Si.ua:CG t�_► fi•.r �.•.
se i d aastar S y bau+7Mary t i ne. 243.64 feet to o f er> a pest in c:,rsarate
said %ear f ng tract and ti -.c tract
FtlrSTi;+� SUFUEY. ABSIRACT 51s3r #arrant County. Texas en' btrst:6 s
found for the coon ' corner of
aascriired in tf+r Cacti to First Lai ted Metnadist Church of GraFevine
portio» of ' -,he 'tract described i» ;he creed to Marvjn Ciert Dearvic;
%tri, rads 19:,
'.
and wife, Li11.x+ Mae Dearing as recorder: iv Vnli�
;.eed Pe -or ds. Tarrart cconty, Texas zn:! b^e i ng -.are Pani i cu i ar iy
: :: ."
CCr.C'riCeSiy ev v,%vt2s a^Y tTi"jrda a5 fai lora.:
"71"I"J
said easteriy taeundary lire. 48.74 feet to a 1/2 inch Gapped Steel
i ham" t f crw utsi eta or i i Asch steel cad f ou»d
com.'8tC R. at a :/2 Inch capped steel red Stan -ped iK Si,RU PC* set
r i stac. C SU V s
«orth 26 datreet 26 sinules 26 so-WonU .14cst at I.3gj feet*
for the souttYwest.corner of :�-+a tract c_zcrfbec to thm defied .o C. C.
l 3 ti f e. $elate t' f :cram I t as re,cr ded ! n t%o l vmc 3440, Page
*
t!i tr. and a
379 of said icez Ren :rls, said pol rt. being in the +..aster I y bcu-+dart'
57
' .
l i »e of said Dear t ftg, tract : THENCE Nor tin 88 degrees 16 m i nutas
'the i8 i tGhR i ! tract.
`
seconds East a f th southerly boundary I i ne of Said
m es feet to a I z 'nets capped steel roc stamped '1110AK SURV ItYC" set
!
for the PO F NT OF SEG INx"1 i rZ OF THE TRACT HER£ 1 N DESCR I BED:
TNt�aCE So•ith S7 degrees 11 minutes 14 saeonds hest with the southerly
itt 'x«E 5ttut� It 8 deifc"ecs 28 mis+vtcs 'S7' Seconds Eax: vitt, the xcutnsr it'
Bois d't►CC
s
ttoundary line of said Mitchell tract. 239.49 feet to a
fence P=S-- in con crate found i n the easter i y bcundary i i ne cE -aid
TF*M_v �4artn 02 degrees 48 ase nutes 46 seconds [fast, 24.22 feet to a
tea:w i fs i a.^tc .hearing arG wife, L t l t y ttao Dearing trait and be i rg tr a
in vie C=0:o C i zy of
:/2 i-=,' capped 'Steel rod set stamped "M,ORK SWZV INC—:
t rth..ass corner of tl,4 tract deser f oca
Page 2115 of said Deed
-
�raaevieae as redcrde3 in Voiumc 1112,
* o2x rtcr+ steel ray f cst.~_
»d for r•+e nortas t carter cf
'tnC i3w R- !;a-- and >i:e. Sare Sz. *4dm AS
!?scsarGs :
5D secar+: s EEastwi4.h said easteriy
19#1
,94EW_E Sooth 3..3 degrees ar ainutes
tsr.,-+Cary Al nor. 214.69 feet to a f e: -ce ext in carsra to f purse
THL%CE South 02 degrees 24 minutes 56 seconds +Ids: Continuing with
se i d aastar S y bau+7Mary t i ne. 243.64 feet to o f er> a pest in c:,rsarate
said %ear f ng tract and ti -.c tract
, r
found for the coon ' corner of
aascriired in tf+r Cacti to First Lai ted Metnadist Church of GraFevine
as vc--creeo in volume 12403. page 1449 of said Deas! Records:
T*1E%10E North 69 degrees 57 mir:utfas 03 ascarids East. Continuing s.1th
said easteriy taeundary lire. 48.74 feet to a 1/2 inch Gapped Steel
i ham" t f crw utsi eta or i i Asch steel cad f ou»d
�
T^-;
r i stac. C SU V s
«orth 26 datreet 26 sinules 26 so-WonU .14cst at I.3gj feet*
tears
South 26 degrees 25 M f rsu.es 2b ser•^.nds East rant f nu i »g w i `•h
1-12 inch capped steel
..:
^-r.
sa i s3 easter 1 y boundary fire, 128.82 f eft . to a
"t1LZA0C SLR+J t tiV , set for .!'c Most Caster i y sou :heast
4
red stamped
car rear of said Dearing
TNt�aCE So•ith S7 degrees 11 minutes 14 saeonds hest with the southerly
_c%.r dart' i t nor of saw. 192.00 f act :o a f e^ee pest f Came :
TF*M_v �4artn 02 degrees 48 ase nutes 46 seconds [fast, 24.22 feet to a
:/2 i-=,' capped 'Steel rod set stamped "M,ORK SWZV INC—:
'Tt:V+.`E rcGrtn 69 degrees 34 minutes 09 seconds we%t. 1.20.64 feet to e
tris trace
r :.
* o2x rtcr+ steel ray f cst.~_
»d for r•+e nortas t carter cf
'tnC i3w R- !;a-- and >i:e. Sare Sz. *4dm AS
t:ss„rt_C in dsC to •a1d
reyyrGc: t n Uoi unoc 767x4. Page 2210 r.f said Decd Ptcc�rds :
I
"rites£ roar `h. 67 Cegrees 35 min,41ss 24 scco*ds First wi'r t+•+* nor trsrI3
for
in& of s -ce. 1131. 10 glett to a 1/2 :m, ,s r.:avj rG4' f ntvic
:n� rrr,'c.css: cor*mr of %*IC than+ trac'•'
Tr-:-f4E '.y.i t"s W cearees 33 rair-A :es 00 secores East w i t,t ♦he vs%l er it'
=o•.incftry line cf S"e. 'f7.32 f_et to a 3 2 sn`� repgc4 �.±ci r'ad
♦ ' SiAv INC". .set In t*sa -Way lire of
�
�
CG: 2=3L slr eat wnt to ttl= r s g..T.; -
'.
T«t �E sou tx r•3 1" ; 1 y �* z 1'* m a 1 w r^r - :het t y ;' i grf .-O.: y,ny ; ► ff a rtC said
Curve to V" rt5nt ha..ing b raosus of 6552.3.3 fc-.. u crr:rei
3.60 feat and a
co degrees 14 r.•s rtes 30 ore yc^r. ds. an arc 1e► tor
Sasth $2_ degrees 4'* ,a;-_ res 4z sc=ones hese at 3.60 rf
is �-srrts of
feet tG Q -*-,2:'T;..h capF'Cd steel. rod s -lam¢ -C `^'.y�r: 5 .?;% IN Snjr,
'tree tejISer.lts.9 Cr a carve 11"a r ism,.
�!^ t nt-Gf 'wfa J -j .
'�rEM'E nor:sstirriyc co!'rtirui»y ia:.rs. bss ra,c - e:',,/.'
:; tt• hav foe :. a
a^vi4 Of .^.L:f; r_ C 12 ml"Utes ifs zecot�:t. !^- t: G i3^.`tit` tai ��.54
'No i SO .'tG'J'. «'i titu;:!E .S� zz:vrds tiyst,
{ac!^c of ..�:
36.92 f e -e t c. a 1-"Z i ncn Capped sera l r oC a :es:�•d "'.'>` K aim• a •et'..
at
•,taa eel :r'i . r ignt••cf -.»tsy ! i of 8811 S :rest a - f or thr. �'
•.ww.rwn.i..+ ....f. s •+.� CRs •}+r -'f'P Y.♦� .. .. ..
LEASE EXHIBIT B PAGE 6
IHME ncrVu meister i y with said easterly ! right-laf - 6si i i net and said
• c.,:. r •.v jhe r : ght , nav1 ng " a radius of 20?3, 97 feet..,* central anp i a
=1 GS deg: aes 20 , s i nutex tL seconds. an erre+ l emgth of 153.46 feet and
s t oreg ,ox'd of Pierth CO C-79- -re m m 37 mi nutes 47 secards lust at `353.42'
f what to s VZ i Mh capped stats; rod Sta*pCd' '' .SL1R+y IFC" ,sari:
zFit iCe war -+.i, Ot destmm 32 .stnu-tas`3 3 seccrids Eas-k e:aeetinu!r ►ettri
'
said cas'!ar ay right -"09y 's inn. 39.69 -fast to w -1/Z.iritis crappesd
steal rzd stmnmd ""W SURtJ IW, AW*. it, VW saulhorly boundary I Ino
of 41iia tract%derscrsbed in tl+a ofeod ' 4.o hwvtrt.. Cleint Dearlrsg as
recorded In iioiura 5340, Page 597 Of sand ;Oeed'Itsraords: :
1 z i t*_tth IM degrees 39 ■ l nutems .cr'
1g seeandir Ca!{ . ' i tlLskV � O Sid d
cm.alaz ty r ige'rt-of •'wOW 2 9"m mend wf'st+ •U%ft eoVMS'W te ary . ism of
sold Ketfry i n Mark Deeer i cV'.rset, 07.94 Fast °-so 0'2--2 Into a -toe a rod
f ou,,d for tha seaiatheas4 earner of mora:
har L*► ;Ol Ceg-eas, OS a i raur+. ms 13,11000n"' 'Cast w i tri tree Coster i y
t ,aroar5l 1 i flet of sit i d learvin C l aide= Deur! n9.:tract, 199' 92 f wart 10 a
1r2 t .aidal rod found lOr "Ows noTthe"t ct?rrlelrl. of s<11t�e:
T Ses r•,n ge dogrmm 35 a i rulms '13 seciords fies1 t 14th Ulc ` norther! v -
bour4sry . I i rms of sold tbrvi n Wrt Cesar f ng tracl.. B7.07 Tsai to is 1n
l'rh cappc-_ simai rad .stasspesd ' !C artlRV INC sat in sail! fieal$eriy
i gh!-cf -Fray 1 incl of Be t I Street:
Y E kosrth .01 degrees 32 ' m i nutos 33 eseeondu , East Cmt i M l rg W l th
sa t d easter t y r i ght-=f -s+aq l 1 ne, �. 57 feet .-to a 1.,22 inch capped
steres roe! stamped " 1 OAK SI#W itom' ` sset f Or the berg i nn i ng cf a curveto
t.•sa r i gsrt :
YI Ci: ncr ;im�sster ty with said cvrw to the r f gh . hav t ng a rays l us of
3:21.35 fact. a central angles of 0i de:grees ,S2 m:rutes 05 seconds, are
arc length of 36. bti. f egt. arid. a long chord of t 01-th 02 degrees 28
m i rw,.•teas 3'r7 VOearda East est 36.60 feet to a 1/2 Inch' -capped steal rod
II.Lappe "tiW Ssx'2v' l*4C** act 4r. t! -e scutr%er3y boundary tine of the
"t -sect easetcribed ire the" Icee,M to Mervin G. Dearl*.43, Jr. and wits,
!; ^_vra S. Deari rsg as rcecrdr' in L'tf f uee. '756$. Page 67 Cf said Deed
�w E swth Be d-egreas 18 ztrr tel 57 Ica ONS M�St ts�aving >re+id
eastar•ty rfgrst-of-,.+ay tine and waith''.hc southerly boi:14ary,.Iir:e! tai
see+e. 54. 6: f e -e t to a ;.-Z I net+ steel rod found for t.':z southeast
For ne+r ;f said 0e *r fng. Jr. tract:
`,4'r eO-M N --r i'- 01 degrees a7 0. rx,f esae ': saaCrsds Easj u t th t! iC Caster I y
b;rs.r+t 3rV i Iry of Sams. '75.00 fort to a 1-2 it C" capes sten: rod
s taaFed ""-3" Si;p+�o 1 Ka set for tt^o sxartheast ccrnor of said Searing.
?WEMCE Northdegrees le136 degrelee minutes S7 eoe:o;-.ds hest wlth'tli>: northerly
t4r4rsCa.ry l i -g cf so---. 73.11 foot to a 1/2 inch capped steal rod
Su rd ° TtW-K SURv Ste"' sset I n, said easterly r i gfht-of -rtic� line of
Sa i i S trews . and in a rxsrver to the r i girt ;
�iY:' nprSlretastariy cc' :irxeir+g -with said oamieviy rfg�i-of-wxy tine.
b"d said curve %a VV r l gift hAv t trg 0 roes l ws of .1121.95 e'i at' o
central angle cl 01 t:egrees 17, minutes 07 acconilis, an trC 'ityTldik-of
; 5. 1? feet ar-4 a tang chord of Moth 07 degsreatir. 53 mirut a, : 34''.
sccoa+cts -rs's . art 25.17 fast tic tVic plait of tib i lm 'ng arsd cant,►i n angg
4.2100 0 scrsir of lard. mem yr 1*96, els ssrs2998 d t�,r Davide. f7oa:C -
S:.rveycrt, tnc. during VIC oanth of C+ctobdr,
I
LEASE EXHIBIT B -PAGE 7�
Exhibit 8
1
1.. Taxex for the )=r 1999 mW all sabsec;uenl }Pars -as to Trot One, Tuns and Three.
One- Q1d17 acne tract
Q,
2, PMUU%iasl' scroaiclu war. of metal. shed o%vr pmpcny lin as Shawn on survey
Prepared by David C Moak dated October 28,1998.
3, promosoa,`ewwroachnvem of chain Bede fenoe shown on sur-my prcpared by David C.
b'IaaKtc„ Inc, dawd Oallb" 28. 1998
4. promtsion ofceocrm drive shov►su on survey prepared by David C. Moak Surveyors,
lnc. dated October 28, 1998.
.:
S, least AgrmroM. dated Imory 15, I999 by and tkK%vm Kenneth W. Straw and
landlord and Manus C. Dearing. Jr, Mux as tenants.
Tech T+r4 - .220 setts
5. Lc=c Agrc=x= bct%4vm Kenneth W. Straw as landlord and Earl Maddox as t ssec
dated 3antsarp 14,1999.
4.2 acres
7. Subject to $250,000.00 Note and geed OfTrust executed by Kenneth W. Shaw and
Carole C. Shaw in favor of Marin Clark Dearing and wife, Lillie Mac Dearing dated
January 15,1999 and nmordod in Tarrant County Real Property Records.
LEASE EXHIBIT B - PAGE 8
3.
6
• D199068591
UVIN S MARSHALL
-714 JACXSO.*l ST 100
DALLAS TX 75202
A R N I N G -THIS IS PART OF THE OFFICIAL RECORD --D 0 N 0 T D E S T R 0 Y
13
T A R R A N T COUNTY TEXAS
I N D E X E D
SUZANNE HENDERSON— COUNTY CLERK
O F F I CZAL RECEIPT
T 0.- KEVIN 5 MARSHALL
RECEIPT NO P.MIR.2STER, RP -D322 -13Y PRINTED03/19/99 DATE 12:TIME
DA. 49
INSTRUMENT FESCD
1 D199068591 WD
INDEXED TIME
990319 12:49 CK 5449
T 0 T A L '. DOCUMENTS: 01 F E E S; 21.00
B Y
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
LEASE EXHIBIT B - PAGE 9
O
x
N
TR 9R3F
rn
.239 AC
A �
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.27 AC
7 0tz �!
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[� w 0 ON
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'Z �'
AN
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NO ` �`:
2@
LOSED ST
]p
o coI w
D A
4
'
0;j
70
7Z
BALL ST
TR 10M��''
TR 9R3F
rn
.239 AC
A �
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TR 9R3E
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7 0tz �!
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TRACT ONE
/� 00
`' D
o O
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wcp -o C.) 0 20
w ��;y N
c� ;ok o
LEASE EXHIBIT H - PAGE 10
EXHIBIT C
Rules and Regulations that Tenant Shall Follow
1. Tenant's use and occupancy of the Premises must at all times comply with all applicable
federal, state and local laws, codes, ordinances, rules, and regulations. Tenant, its agents,
servants, and employees must not block or obstruct any of the entries, passages, doors
hallways or stairways of the Senior Activities Center Building, or place, empty or throw any
rubbish, litter, trash or material of any nature into such areas, or permit such areas to be
used at any time except for ingress and egress of Tenant, Its agents, servants, employees,
visitors or invitees.
2. Safes and other heavy equipment must be moved into the Premises only with Landlord's
written consent and must be placed where directed by Landlord. Any damage done to the
Premises by taking in or removing any Tenant property, equipment, or furniture, other than
pre -agreed to equipment, or from overloading any floor in any way, must be paid for by the Tenant
upon demand by Landlord.
3. No sign, advertisement, or notice shall be displayed, painted or affixed by Tenant, its
agents, servants, or employees in or on any part of the outside of the Premises without prior
written consent of Landlord.
4. Landlord is not responsible for lost or stolen personal property, equipment, money or any
article taken from the Premises.
5. Tenant shall keep Premises in a clean and tidy condition at all times and shall keep in an
orderly manner all bars, shelves and other devices used for display and sale of merchandise. Tenant
shall take care to present at all times product and event spaces that are neatly and safely
displayed.
6. Tenant, its agents, servants and employees shall not install or operate any kitchen,
refrigerating, heating or air conditioning apparatus or carry on any mechanical operation or
bring into the Premises any flammable fluids other than those which have been preapproved in
writing in the remodel floor plan. Any additional item which Tenant desires to install shall be subject to
the written approval of Landlord, such approval not to be unreasonably withheld.
7. Tenant, Its agent, servants or employees shall not bring into the Complex or Premises or keep on the
Premises any dog, bird or animal, except a Seeing Eye dogs or other animal necessary
for the assistance of a disabled person.
8. No additional locks shall be placed on any door in or providing access to the Premises
unless Landlord is given a key to the lock at the time that it is installed. Twelve keys to
the Premises will be furnished by Landlord and neither Tenant, its agents, servants, or
employees will have any duplicate keys made without the consent of Landlord, such
consent not to be unreasonably withheld. Landlord may at all times keep a pass key to,
the Premises. All keys shall be -returned to Landlord promptly upon termination of the Lease.
9. Tenant shall give Landlord prompt notice of all accidents to or defects in air conditioning equipment,
plumbing, and electric facilities or any -part or appurtenance of the Premises.
10. Landlord will not permit entrance to Tenant's offices by use of pass keys controlled by
Landlord to any person at any time without permission by Tenant, except employees,
contractors, or service personnel directly supervised by Landlord.
17
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
11. Tenant shall not use the sidewalk adjacent to or any other space outside the Premises for
display, sale or any other similar purpose or otherwise block those areas in any way unless previously
agreed to in writing.
12. Tenant shall not use the roof or exterior walls of the Premises for any purpose except that permitted by
the Lease. Tenant shall not cause a violation of, or do any act which may result in a
violation of, the roof bond with respect to the Premises. Landlord reserves the right to build
additional stories, levels or buildings above the Premises, none of which shall be deemed to
be part of the Premises. Neither Tenant nor its employees, invitees, licensees, contractors,
or subcontractors shall be allowed access to the roof without Landlord's prior written consent.
13. Tenant shall, at Tenant's expense, maintain the Premises in a clean, orderly and sanitary
condition free of insects, vermin, rodents and other pests. Tenant shall adhere to trash pick-
up procedures established from time to time by Landlord. During normal working hours, all
refuse, trash, garbage and containers or types approves by Landlord for the same will be
placed in the Premises as not to be visible from the exterior of the Premises orfrom the interior areas
of the Premises normally used by the public. Boxes will be flattened by Tenant before being put in the
trash containers (if applicable). No material shall be placed in the trash boxes or receptacles if the
material is of a nature that it may not be disposed of in the ordinary and customary manner of
removing and disposing of trash and garbage in the City in which the Premises are located
without being in violation of any law or ordinance governing such disposal.
14. Landlord may waive any one or more of these Rules for the benefit of any particular
tenant, but such waiver by Landlord shall not be construed as a waiver of such Rules from
thereafter enforcing all Rules against the Tenants.
15. Landlord may amend the Rules and make other and further reasonable rules as in its sole judgment are
from time to time necessary and desirable.
16. These rules are for the Landlord's benefit, and are in addition to, and shall not be construed
to in any way modify, alter or amend, in whole or in part, the terms, covenants,
agreements and conditions of any lease of Premises. Landlord has no liability for its failure to enforce
any of the Rules against any tenant.
17. Existing parking spaces in the parking lot of the Premises in Exhibit "A" will be available for use by
Tenant, except that, under Article VIII above, Landlord will have the right to use the parking areas
of the Premises during any and all festivals or special events sponsored by Landlord, in whole
or in part with 14 calendar days notice to Tenant.
18. Landlord will provide thirty (30) Day written notice if there is a change in the "Rules and
Regulations".
EM
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas
o
Tenant's Option to Purchase the Real Property Represented by Exhibit A
If, during the term of this Lease, Landlord desires to sell the real property described in Exhibit "A,"
Landlord will notify Tenant in writing of Landlord's desire to sell said real property and simultaneously
give Tenant a copy a written appraisal of said real property. Said appraisal shall be performed by a
Certified General Appraiser who is licensed by and in good standing with the Texas Appraiser
Licensing and Certification Board. Landlord shall select said appraiser and pay for said appraisal.
Tenant shall provide an appraiser retained by Landlord complete access, during Tenant's regular
hours of operation, to the real property described in Exhibit "A," including the interior of the Premises
thereon. Tenant shall have the option, for 90 calendar days from receipt of said notice and appraisal
from Landlord, to buy said real property at the price specified in said appraisal. If Tenant fails to tender
the full amount of money specified in said appraisal to Landlord within 90 calendar days of receiving
said notice and appraisal, Landlord may sell said real property described in Exhibit "A" at Landlord's
sole discretion.
19
Lease with The First United Methodist Church, Grapevine, Texas for 421 Church Street, Grapevine, Texas