WA9601-CS 960801 STATE OF TEXAS §
§ LEASE
COUNTY OF DALLAS §
Farm No. SBC
ARTICLE ONE: ~
1.01 Date of Leasez August 1# 1996
1.02 Landlordz City of Coppell, Attn.: Jim Witt
Address of Landlord: P.O. Box 478
Coppell, Texas 76061
1.03 Tenantz
Address of Tenant: Robert B~unson
816 Ruth Wall Road
Grapevine, Texas 76051
(817) 481-8284
1.04 " Property~ (Include street address, as well as legal
description and approximate square footage):
All that certain real property described in Fa~ attached
hereto and incorporated herein for all purposes by reference
and covering 115_+ acres, together with all fences, corrals,
barns and any other improvements located thereon.
1.05 Lease Terms Month to Month beginning on Auaust 1. 1996 and
ending on ninety (90) days notification. ' '
1.06 Rents One Hundred Twenty-Five Dollars (~325~) per month.
1.07 Permitted Use (see Section 6.01): Grazing
1.08 Dail]/Late Charge (see Section 3.03)$ Five Dollars (SS.0Q) per
day.
1.09 Base Year for Tues. (See Section 4.02)z 1996
ARTICLE TWO: LEASE AND L~.ASE TERM
2.01 Lease of Property for. Lease Term. Landlord leases the
Property to Tenant and Tenant leases the Property from Landlord for the
Lease Term stated in Section 1.05. As used herein, the "Commencement
Date" shall be the date specified in Section 1.05 for the beginning of
the Lease Term, unless advanced or delayed. under any provision of this
Lease.
2.02 Early Occupancy. If Tenant occupies the Property prior to the
Commencement Date, Tenant's occupancy of the Property shall be subject
to all of the provisions of this Lease. Tenant shall pay prorated rent
based on the number of days of occupancy by Tenant prior to the
Commencement Date and all other charges specified in this Lease for the
early occupancy period.
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early occupancy period.
2.02 Holding Over. Tenant shall vacate the Property upon the
expiration or earlier termination of this Lease. Tenant shall reimburse
Landlord for and indemnify Landlord against all damages incurred by
Landlord from any delay by Tenant in vacating the Property. If Tenant
does not vacate the Property upon the expiration or earlier termination
of the Lease, Tenant occupancy of the Property shall be a "month-to-
month" tenancy, at a rent equal to 1-1/2 times the rental stated in
Paragraph 1.06, payable in advance.
ARTICLE THREE: RENT
3.01 Manner of Payment. All sums to become due hereunder by Tenant
shall be made to Landlord, at the address stated herein for Landlord,
unless such address is changed as provided herein.
3.02 Tim of Payment. Upon execution hereof, Tenant shall pay the
rent for the first year of the Lease Term. On or before the first day
of the second year of the Lease Term and of each year thereafter, a like
annual installment shall be due and payable, in advance, without off-
set, deduction or prior demand.
3.03 Late Charges. If any sum due hereunder is not received on its
due date, Tenant shall pay Landlord a late charge equal to the sum
stated in Section 1.08 above each day from said due date until such
check is made good. The parties agree that such late charge represents
a fair and reasonable estimate of the costs Landlord will incur by
reason of such late payment or such returned check.
ARTICLE FOUR: TAXES
4.01 Payment by Landlord. Landlord shall pay the real estate taxes
on the Property during the Lease Term.
4.02 Payment by Tenant. Tenant shall pay Landlord, as additional
rental, the excess, if any, of the real estate taxes for any year during
the Lease Term over the real estate taxes for the base year stated in
Section 1.09. Tenant shall make such payment, within fifteen (15) days
after receipt of a statement showing the amount and computation of such
increase. Tenant shall be responsible for the pro-rata portion of such
additional rental for any fractional part of a year preceding the end of
the Lease Term, which prorated sum shall be due and payable upon the
termination of this Lease. If the termination of this Lease occurs
before the tax rate is fixed for the particular year, the proration
shall be upon the basis of the tax rate for the preceding year applied
to the latest assessed valuation, and notwithstanding the termination of
this Lease, any difference in the actual real estate taxes for such year
shall be adjusted between the parties upon receipt of written evidence
of the payment thereof.
4.03 Improvements by Tenant. In the event the real estate taxes
levied against the Property for the real estate tax year in which the
Lease Term'commences are increased as a result of any alterations,
additions or improvements made by Tenant' or by Landlord at the request
of Tenant, Tenant shall pay to Landlord upon demand the amount of such
increase. For the purposes of the calculations under Section 4.02, the
amount of the real estate taxes during the real estate tax year in which
the Lease Term commences shall not include any taxes resulting from any
such alterations, additions, or improvements made in or to the Property.
Landlord shall obtain from the tax assessor or assessors a written
statement of the total amount of such increase.
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4.04 Personal Property Taxes. Tenant shall pay all taxes charged
against any trade fixtures, furnishings, equipment or other personal
property belonging to Tenant. Tenant shall try to have its personal
property taxes separately from the Property, but if any of Tenant's
personal property is taxed under the Property, Tenant shall pay the
taxes for the personal property within fifteen (15) days after Tenant
receives a written statement for such personal property taxes.
ARTICLE FIVE: INSURANCE AND INDEMNITY
5.01 Liability Insurance. During the Lease Term, Tenant shall
maintain a policy of comprehensive public liability insurance, at
Tenant's expense, insuring Landlord against liability arising out of the
ownership, use, occupancy or maintenance of the Property. The initial
amount of such insurance shall be at least $1,000,000.00, and shall be
subject to periodic increase based upon inflation, increased liability
awards, recommendation of professional insurance advisors, and other
relevant factors. However, the amount of such insurance shall not limit
Tenant's liability nor relieve Tenant of any obligation hereunder. The
policy shall contain cross-liability endorsements, if applicable, and
shall insure Tenant's performance of the indemnity provisions of Section
5.,02. Such policy shall contain a provision which prohibits
cancellation or modification of the policy except upon thirty (30) days'
prior written notice to Landlord. Tenant may discharge its obligations
under this Section by naming Landlord as an additional insured under a
policy of comprehensive liability insurance maintained by Tenant and
containing the coverage and provisions described in this Section.
Tenant shall deliver a copy of such policy or certificate (or a renewal
thereof) to Landlord prior to the Commencement Date and prior to the
expiration of any such policy during the Lease Term. If Tenant fails to
maintain such policy, Landlord may elect to maintain such insurance at
Tenant's expense. Tenant shall, at Tenant's expense, maintain such
other liability insurance as Tenant deems necessary to protect Tenant.
5.02 Indemnity. 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 persons or damage to property on or about
the Property or any adjacent area owned by Landlord caused by the
negligence or misconduct of Tenant, its employees, subtenants, licensees
or concessionaires or any other person entering the Property under
express or implied invitation of Tenant, or arising out of the use of
the property by Tenant and the conduct of its business therein, or
arising out of any breach or default 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 claims arising out of
such damage or injury. Tenant shall not be liable for any injury or
damage caused by the gross negligence or willful misconduct of Landlord,
or its employees or agents, and Landlord agrees to indemnity Tenant and
hold it harmless from any loss, expense or damage arising out of such
damage or injury.
ARTICLE SIX: USE OF PROPERTY
6.01 Permitted Use. Tenant may use the Property only for the
permitted use stated in Section 1.07. ,
(a) This Lease covers only the surface of the Property,
Landlord reserving and expressly excepting to itself, and its
representatives and assigns, all oil, gas, other petrochemicals, helium,
sulphur, iron, gold, silver, lead, uranium, gravel, rock and all other
minerals of every nature (whether like or unlike those expressly
mentioned), and all rights, easements and privileges in connection
therewith;
(b) This Lease and the rights of Tenant hereunder are
expressly made subject and subordinate to the rights and interest of any
and all lessees under oil, gas, other petrochemicals, gravel, rock,
helium, sulphur, iron, gold, silver, lead, uranium and all other
minerals of every nature, and to all seismic, shooting (of explosives),
drilling of test holes and wells (including both oil and water wells),
and other exploration, permits, consent and oral leases (including oral
leases for farming and grazing purposes), and all railroad, highway,
utility and other right-of-way grants and easements, whether now
existing or hereafter executed or granted by Landlord and no consent of
Tenant shall be required therefor, and Landlord shall be entitled to
receive, to the exclusion of Tenant, all of the fees, bonuses, payments,
considerations and damages that may hereafter be paid by the lessees,
permitees and grantees of the permits, consents, rights-of-way and
easements referred to herein, expressly including, but not limited to,
all sums that may be paid as damages in connection with the shooting of
explosives and the drilling of test holes and of oil and water wells,
and the building of roads, and traveling across the Property;
(c) Landlord reserves the exclusive right for itself and its
designated guests to hunt and fish on the Property;
(d) In the event that any portion of the Property is used for
grazing, Tenant agrees that it will cause the Property to be grazed in
a good, skillful and farmer-like manner and according to the usual
course of husbandry practices in the neighborhood; that he will not
permit the areas in Coastal Bermuda or other pastures to be over-grazed
to the point of possibly damaging or destroying the grass thereon; that
he will fertilize the grass each as may be required by the conditions
then existing ~and shall keep the Property free of weeds by spraying
and/or shedding; and that he will graze cattle only on the grass portion
of the Property, if any, and the number of cattle shall be determined at
any given time by the amount of fertilizer Tenant has placed on the
Property and the amount of rainfall, but in no event shall it exceed a
reasonable number of mother cows and bulls at any one time;
(e) In the event that any portion of the Property is to be
farmed, Tenant shall furnish all labor, equipment and materials. Tenant
agrees to harvest all crops without expense to Landlord except
Landlords' share of the cost of hauling and shelling of grain and
ginning of cotton. Tenant agrees to deliver all cotton to the gin at no
cost to Landlord.'
6.02 Compliance with Law. Tenant shall comply with all
governmental laws, ordinances and regulations applicable to the use of
the Property, and shall promptly comply with all governmental orders and
directires for the correction, prevention and abatement of nuisances in
or upon, or connected with the Property, all at Tenant's sole expense.
6.03 Signs. Without the prior written consent of Landlord, Tenant
shall not place or affix any sign or other objects upon or to the
Property, including but not limited to the roof or exterior walls of any
improvements thereon, or paint or otherwise deface said exterior walls.
Any signs installed by Tenant shall conform with applicable laws and
deed and other restrictions. Tenant shall remove all signs at the
termination of this Lease and shall repair any damage and close any
holes caused or revealed by such removal..
6.04 Utility Services. Tenant shall pay the cost of all utility
services, including but not limited to any and all initial connection
charges, charges for gas, water and electricity used on the Property,
and for any and all electric lights, lamps and tubes.
6.05 Landlord's Access. Landlord and its authorized agents shall
have the right, during normal business hours, to enter the Property (a)
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to inspect the general condition and state of repair thereof, (b) to
make repairs required or permitted under this Lease, (c) to show the
Property to any prospective tenant or purchaser or (d) for any other
reasonable purpose. During the final 150 days of the lease Term,
Landlord and its authorized agents shall have the right to erect and
maintain on or about the Property customary signs advertising the
Property for lease or for sale.
6.06 Trespassing. Tenant will use his best efforts to prevent any
trespassing on the Property unless the prior approval of Landlord
thereto has been obtained, and Tenant will promptly notify Landlord of
any such activity.
6.07 Exemptions from Liability. Landlord shall not be liable for
any damage or injury to the person, business (or any loss of income
therefrom), goods, wares, merchandise or other property of Tenant,
Tenant's employees, invitees, customers or any other person in or about
the Property. The provisions of this Section 6.07 shall not, however,
except Landlord from liability for Landlord's gross negligence or
willful misconduct.
ARTICLE SEVEN: MAINTENANCE, REPAIRS AND ALTERATIONS
7.01 Acceptance of Premises. Tenant acknowledges that it has fully
inspected the Property and accepts the Property in its condition as of
the execution of this Lease as suitable for the purposes for which it is
leased. Tenant acknowledges that, except as stated in the following,
neither Landlord nor an agent of Landlord has made any representation as
to the condition of the Property for Tenant's intended use.
7.02 Alterations, Additions and Improvements.
(a) Tenant shall not make any alterations, additions or
improvements to the Property beyond the permitted use thereof as stated
in Section 1.07 without the prior written consent of Landlord. Consent
for nonstructural alterations, additions or improvements shall not be
unreasonably withheld by Landlord. Tenant shall pay for all costs
incurred or arising out of alterations, additions or improvements in or
to the Property and shall not permit a mechanic's or materialman's lien
to be asserted against the Property. Upon request by Landlord, Tenant
shall deliver to Landlord proof of payment reasonably satisfactory to
Landlord of all costs incurred or arising out of any such alterations,
additions or improvements.
(b) Tenant will not permit any waste on the Property
(including the cutting of trees of the removal of any sod therefrom) and
will not permit any trash, garbage, refuse or bailing or other wire to
be dumped on the Property or to remain thereon for any extended period
of time, and he agrees to cause all of the same to be removed promptly
and from time to time from the Property.
7.03 Condition upon Termination. Upon the termination of the
Lease, Tenant shall surrender the Property to Landlord in the same
condition as received except for ordinary wear and tear which Tenant was
not otherwise obligated to remedy under any provision of the Lease, In
addition, Landlord may, at its sole option, require Tenant to remove any
alterations, additions or improvements (whether or not made with
Landlord's consent) prior to the termination of the Lease and to restore
'the Property to its prior condition, all at Tenant's expense. Tenant
shall, at the time of removal of such items, repair in a good and
workmanlike manner any damage caused by installation or removal thereof.
All alterations, additions and improvements which Landlord has not
required Tenant to remove shall become Landlord's property and shall be
surrendered to Landlord upon the termination of the Lease.
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ARTICLE EIGHT: SALE OF PROPERTY
In the event that the owner of the Property enters into a
contract to sell the Property, Landlord shall have the right to
terminate this Lease by giving Tenant written notice of such
termination. Such written notice must be given on or before the date of
closing of such sale and the termination date shall be 30 days after the
date of closing of such sale. Notwithstanding such termination, Tenant
shall have the right in the event that any portion of the Property is
farmed by Tenant, to harvest any crops planted prior to the date of
delivery of such notice of termination.
ARTICLE NINE: CONDEMNATION
If during the term of this Lease or any extension or renewal
thereof, all or a substantial part of the Property should be taken for
any public or quasi-public use under any governmental law, ordinance or
regulation or by right of eminent domain, or should be sold to the
condemning authority under threat of condemnation, this Lease shall
terminate and the rent shall be abated during the unexpired portion of
this Lease, effective from the date of taking of the Property by the
condemning authority. If less than a substantial part of the Property
is taken for public or quasi-public use under any governmental law,
ordinance or regulation, or by right of eminent domain, or is sold to
the condemning authority under threat of condemnation, Landlord, at its
option, may by written notice terminate this Lease. The rent payable
hereunder during the unexpired portion of this Lease shall be adjusted
equitably. Landlord and Tenant shall each be entitled to receive and
retain such separate awards and portions of lump sum awards as may be
allocated to their respective interests in any condemnation proceedings.
The termination of this Lease shall not affect the rights of the
respective parties to such awards.
ARTICLE TEN: ASSIGNMENT AND SUBLETTING.
Tenant shall not, without the prior written consent of
Landlord, assign this Lease or sublet the Property or any portion
thereof. Any assignment or subletting shall be expressly subject to all
terms and provisions of this Lease, including the provisions of Section
6.01 pertaining to the use of the Property. In the vent of any
assignment or subletting, Tenant shall remain fully liable for the full
performance of all Tenant's obligations under this Lease. Tenant shall
not assign its rights hereunder or sublet the Property without first
obtaining a written agreement from the assignee or sublessee whereby the
assignee or sublessee agrees to be bound by the terms of this Lease. no
such assignment or subletting shall constitute a novation. In the event
of the occurrence of any event of default while the Property is assigned
or sublet, Landlord, in addition to any other remedies provided herein
or by law, may at Landlord's option, collect directly from such assignee
or subtenant all rents becoming due under such assignment or subletting
and apply such rent against any sums due to Landlord hereunder. No
direct collection by Landlord form any such assignment or subtenant
shall release Tenant from the performance of its obligations hereunder.
ARTICLE ELEVEN: DEFAULT AND REMEDIES
11.01 Default. The following events shall be deemed to be events of
default under this Lease:
(a) Failure of Tenant to pay any installment of the rent or
other sum payable to Landlord hereunder on the date that same is due and
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such failure shall continue for a period of ten (10) days;
(b) Failure of Tenant to comply with any term, condition or
covenant of this Lease, other than the payment of rent or other sum of
money, and such failure shall not be cured within thirty (30) days after
written notice thereof to Tenant;
(c) Tenant or any guarantor of Tenant's obligations hereunder
shall generally not pay its debts ad they become due or shall admit in
writing its inability to pay its debts, or shall make a general
assignment for the benefit of creditors;
(d) Tenant or any guarantor of Tenant's obligations hereunder
shall commence any case, proceeding or other action seeking
reorganization, arrangement, adjustment, liquidation, dissolution or
composition of it or its debts under any law relating to bankruptcy,
insolvency, reorganization or relief of debtors, or seeking appointment
of a receiver, trustee, custodian or other similar official for it or
for all or any substantial part of its property;
(e) Any case, proceeding or other action against Tenant or
any guarantor of Tenant's obligations hereunder shall be commenced
seeking to have an order for relief entered against it as debtor, or
seeking reorganization, arrangement, adjustment, liquidation,
dissolution or composition of it or its debts under any law relating to
bankruptcy, insolvency, reorganization or relief of debtors, or seeking
appointment of a receiver, trustee, custodian or other similar official
for it or for all or any substantial part of its property, and Tenant
(i) fails to obtain a dismissal of such case, proceeding, or other
action within Sixty (60) days of its commencement or (ii) converts the
case from one chapter of the Federal Bankruptcy Code to another chapter
or (iii) is the subject of an Order of Relief which is not fully stayed
within seven (7) business days after the entry thereof;
(f) Abandonment by Tenant of any substantial portion of the
Property or cessation of the use of the Property for the purpose leased.
11.02 Remedies. Upon the occurrence of any of the event of default
listed in Section 11.01, Landlord shall have the option to pursue any
one or more of the following remedies without any notice or demand
whatsoever;
(a) Terminate this Lease, in which event Tenant shall
immediately surrender the Property to Landlord. If Tenant fails to so
surrender the Property, Landlord may, without prejudice to any other
remedy which it may have for possession of the Property or arrearages in
rent, enter upon and take possession of the Property and expel or remove
Tenant and any other person who may be occupying the Property or any
part thereof, by force if necessary, without being liable for
prosecution or any claim for damages therefor. Tenant shall pay to
Landlord on demand the amount of all loss and damage which Landlord may
suffer by reason of such termination, whether through inability to relet
the Property on satisfactory terms or otherwise;
(b) Enter upon and take possession of the Property, by force
if necessary, without terminating this Lease and without being liable
for prosecution or for any claim for damages therefor, and expel or
remove Tenant and any other person who may be occupying the Property or
any part thereof, Landlord may relet the Property and receive the rent
therefor. Tenant agrees to pay to Landlord monthly or on demand from
time to time any deficiency that may arise by reason of any such
reletting;
(c) Enter upon the Property, by force, if necessary, without
terminating this Lease and without being liable for prosecution or for
any claim for damages therefor, and do whatever Tenant is obligated to
do under the terms of this Lease. Tenant agrees to pay Landlord on
demand for expenses which Landlord may incur in thus effecting
compliance with Tenant's obligations under this Lease, together with
interest thereon at the rate of twelve percent (12%) per annum from the
date expended until paid. Landlord shall not be liable for any damages
resulting to Tenant from such action, whether caused by negligence of
Landlord or otherwise.
Pursuit of any of the foregoing remedies shall not preclude
pursuit of any of the other remedies herein provided or any other
remedies provided by law, nor shall pursuit of any remedy herein
provided constitute a forfeiture or waiver of any rent due to Landlord
hereunder or of any damages accruing to Landlord by reason of the
violation of any of the terms, conditions and covenants herein
contained.
ARTICLE TWELVE: PROTECTION OF LENDERS
12.01 Subordination. Landlord shall have the right to subordinate
this Lease to any ground lease, deed of trust or mortgage encumbering
the Property, and advances made on the security thereof and any
renewals, modifications, consolidations, replacements or extensions
thereof, whenever made or recorded. However, Tenant's right to quiet
possession of the Property during the Lease Term shall not be disturbed
if Tenant pays the rent and performs all of Tenant's obligations under
this Lease and is not otherwise in default. If any ground lessor,
beneficiary or~mortgagee elects to have this Lease prior to the lien of
its ground lease, deed of trust or mortgage and give written notice
thereof to Tenant, this Lease shall be deemed prior to such ground
lease, deed of trust or mortgage or the date of recording thereof.
12.02 Attornment. If Landlord's interest in the Property is
acquired by any ground lessor, beneficiary under a deed of trust,
mortgagee or purchaser at a foreclosure sale, Tenant shall attorn to the
transferee of or successor to Landlord's interest in the Property and
recognize such transferee or successor as Landlord under this Lease.
Tenant waives the protection of any statute or rule of law which gives
or purports to give Tenant any right to terminate this Lease or
surrender possession of the Property upon the transfer of Landlord's
interest.
12.03 Signing of Documents. Tenant shall sign and deliver any
instrument or documents necessary or appropriate to evidence any such
attornment or subordination or agreement to do so. If Tenant fails to
do so within ten .(10) days after written request, Tenant hereby makes,
constitutes and irrevocably appoints Landlord, or any transferee or
successor of Landlord, the attorney-in-fact of Tenant to execute and
deliver any such instrument or document.
12.04 Estoppel Certificates.
(a) Upon Landlord's written request, Tenant shall execute,
acknowledge and deliver to Landlord a written statement certifying: (i)
that none of the terms or provisions of this Lease have been changed (or
if they have been changed, stating how ~hey have been changed); (ii)
that this Lease has not been canceled or terminated; (iii) the last date
of payment of the Rent and other charges and the time period covered by
such payment; and (iv) that Landlord is not in default under this Lease
(or, if Landlord is claimed to be in default, stating why). Tenant
shall deliver such statement to Landlord within ten (10) days after
Landlord's request. Any such statement by Tenant may be given by
Landlord to any prospective purchaser or encumbrancer of the Property.
Such purchaser or encumbrancer may rely conclusively upon~such statement
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as true and correct;
(b) If Tenant does not deliver such statement to Landlord
within such ten (10) day period, Landlord, and any prospective purchaser
or encumbrancer, may conclusively presume and rely upon the following
facts: (i) that the terms and provisions of this Lease have not been
changed except as otherwise represented by Landlord; (ii) that this
Lease has not been canceled or terminated except as otherwise
represented by Landlord; (iii) that not more than one year's Rent or
other charges have been paid in advance; and (iv) that Landlord is not
in default under the Lease. In such event, Tenant shall be estopped
from denying the truth of such facts.
ARTICLE THIRTEEN: MISCELLANEOUS
13.01 Interpretation. The captions of the Articles or Sections of
this Lease are to assist the parties in reading this Lease and are not
a part of the terms or provisions of this Lease. Whenever required by
the context of this Lease, the singular shall include the plural and
plural shall include the singular. For convenience, each party hereto
is referred to in the neuter gender, but the masculine, feminine and
neuter genders shall each include the other. In any provision relating
to the conduct, acts or omissions of Tenant, the term "Tenant" shall
include Tenant's agents, employees, contractors, invitees, successors or
others using the Property with Tenant's expressed or implied permission.
13.02 Severability. A determination by a court of Icompetent
jurisdiction that any provision of this Lease or any part thereof is
illegal or unenforceable shall not cancel or invalidate the remainder of
such provision or this Lease, which shall remain in full force or
effect.
13.03 Joint and Several Liability. All parties signing this Lease
as Tenant shall be jointly and severally liable for all obligations of
Tenant.
13.04. Incorporation of Prior A~3reement; Modifications. This Lease
is the only agreement between the parties pertaining to the lease of the
Property and no other agreement are effective. All amendments to this
Lease shall be in writing and signed by all parties. Any other
attempted amendment shall be voided.
13.05 Notices. All notices required or permitted under this Lease
shall be in writing and shall be personally delivered or shall be deemed
to be delivered, whether actually received or not, when deposited in the
United States mail, postage prepaid, certified mail, return receipt
requested, addressed as stated herein. Notices to Tenant shall be
delivered to the address specified in Section 1.03 above, except that,
upon Tenant's taking possession of the Property, the Property shall be
Tenant's address for notice purposes. Notices to any other party hereto
shall be delivered to the address specified in Article One as the
address for such party. Any party hereto may change its notice address
upon written notice to the other parties.
13.06 Attorneys' Fees. If on account of any breach or default by
any party hereto in its obligations to a~y other party hereto it shall
become necessary for the non-defaulting party to employ an attorney to
enforce or defend any of its rights or remedies hereunder, the
defaulting party agrees to pay the non-defaulting party its reasonable
attorneys' fees, whether or not suit is instituted in connection
therewith.
13.07 Governing Law. The laws of the State of Texas shall govern
this Lease.
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binding upon each of the parties hereto and their heirs,
representatives, successors and assigns; provided, however, Landlord
shall have no obligation to Tenant's successors or assigns unless the
rights or interests of such successors or assigns are acquired in
accordance with the terms of this Lease.
~AA~ FOURTEEN~ AUTOI4ATIC RENEWPJ~
14 n~ ........ = .......... L ........ L=- Lease shall
Landlo d *-- Tenant --~=~ ..... oth · ..... ~= .... least
- ~ declines
~o~o F~u~ to the ex ration date the Lease
renew Landlord ....... ~ .... reserves the ..... to ...... t the rental
amount ....... ~ .......... ~ ' ........ '~ .... each renewal
EXECUTED as of the date stated in Section 1.01. above.
LANDLORD: TENANT:
CITY OF COPPELL WAG~EE~CH,~
J~WITT, CITY MANAGER ROBERT BRUNSON
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EXHIBIT "A" ~