Parking Agreement Parking Agreement
This lease is made between Henggeler Properties, LP, herein
called Lessor (Landlord), and Dickey's Barbecue Pit - Coppell,
herein called Lessee(Tenant).
Lessee hereby offers to lease from Lessor the premises
situated in the City of Coppell, County of Dallas, State of
Texas, described as "The Parking Lot @ 804 Bullock Street,
Coppell, Tx. 75019, upon the following TERMS and CONDITIONS:
1. Term and Rent. Lessor demises the above premises for a term
of ten year(s), commencing November 1st, 2000 and terminating on
October 31st, 2010 or sooner as provided herein at the annual
rental of ($7,200.00) payable in equal installments in advance on
the first day of each month for that month's rental, during the
term of this lease. Ail rental payments shall be made to Lessor,
at the address specified above.
2. Use. Lessee shall use and occupy the premises for Parking.
The premises shall be used for no other purpose. Lessor
represents that the premises may lawfully be used for such
purpose.
3. Care and Maintenance of Premises. Lessee acknowledges that
the premises are in good order and repair, unless otherwise
indicated herein. Lessee shall, at his own expense and at all
times, maintain the premises in good and safe condition,
including plate glass, electrical wiring, plumbing and heating
installations and any other system or equipment upon the
premises, and shall surrender the same at termination hereof, in
as good condition as received, normal wear and tear excepted.
Lessee shall be responsible for all repairs required.
4. Alterations. Lessee shall not, without first obtaining the
written consent of Lessor, make any alterations, additions, or
improvements, in, to or about the premises.
5. Ordinances and Statutes. Lessee shall comply with all
statutes, ordinances and requirements of all municipal, state and
federal authorities now in force, or which may hereafter be in
force, pertaining to the premises, occasioned by or affecting the
use thereof by Lessee.
6. Assignment and Subletting. Lessee shall not assign this
lease or sublet any portion of the premises without prior written
consent of the Lessor, which shall not be unreasonably withheld.
Any such assignment or subletting without consent shall be void
and, at the option of the Lessor, may terminate this lease. If
Dickey's Barbecue is sold within the term of this lease, the
:essee shall assign this lease to the new owners of the property
located at 801 South Denton Tapp Road.
7. Utilities. Ail applications and connections for necessary
utility services on the demised premises shall be made in the
name of Lessee only, and Lessee shall be solely liable for
utility charges as they become due, including those for sewer,
water, gas, electricity, and telephone services.
8. Entry and Inspection. Lessee shall permit Lessor or
Lessor's agents to enter upon the premises at reasonable times
and upon reasonable notice, for the purpose of inspecting the
same, and will permit Lessor at any time within sixty (60) days
prior to the expiration of this lease, to place upon the premises
any usual "To Let" or "For Lease" signs, and permit persons
desiring to lease the same to inspect the premises thereafter.
9. Possession. If Lessor is unable to deliver possession of
the premises at the commencement hereof, Lessor shall not be
liable for any damage caused thereby, nor shall this lease be
void or voidable, but Lessee shall not be liable for any rent
until possession is delivered. Lessee may terminate this lease
if possession is not delivered within sixty days of the
commencement of the term hereof.
10. Indemnification of Lessor. Lessor shall not be liable for
any damage or injury to Lessee, or any other person, or to any
property, occurring on the demised premises or any part thereof,
and Lessee agrees to hold Lessor harmless from any claim for
damages, no matter how caused.
11. Insurance. Lessee, at his expense, shall maintain plate
glass and public liability insurance including bodily injury and
property damage insuring Lessee and Lessor with minimum coverage
as follows:
Lessee shall provide Lessor with a Certificate of Insurance
showing Lessor as additional insured. The Certificate shall
provide for a ten-day written notice to Lessor in the event of
cancellation or material change of coverage. To the maximum
extent permitted by insurance policies which may be owned by
Lessor or Lessee, Lessee and Lessor, for the benefit of each
other, waive any and all rights of subrogation which might
otherwise exist.
12. Eminent Domain. If the premises or any part thereof or any
estate therein, or any other part of the building materially
affecting Lessee's use of the premise, shall be taken by eminent
domain, this lease shall terminate on the date when title vests
pursuant to such taking. The rent, and any additional rent,
shall be apportioned as of the termination date, and any rent
paid for any period beyond that date shall be repaid to Lessee.
Lessee shall not be entitled to any part of the award for such
taking or any payment in lieu thereof, but Lessee may file a
claim for any taking of fixtures and improvements owned by
Lessee, and for moving expenses.
13. Destruction of Premises. In the event of a partial
destruction of the premises during the term hereof, from any
cause, Lessor shall forthwith repair the same, provided that such
repairs can be made within sixty (60) days under existing
governmental laws and regulations, but such partial destruction
shall not terminate this lease, except that Lessee shall be
entitled to a proportionate reduction of rent while such repairs
are being made, based upon the extent to which the making of such
repairs shall interfere with the business of Lessee on the
premises. If such repairs cannot be made within said sixty (60)
days, Lessor, at his option, may make the same within a
reasonable time, this lease continuing in effect with the rent
proportionately abated as aforesaid, and in the event that Lessor
shall not elect to make such repairs which cannot be made within
sixty (60) days, this lease may be terminated at the option of
either party. In the event that the building in which the
demised premises may be situated is destroyed to an extent of not
less than one-third of the replacement costs thereof, Lessor may
elect to terminate this lease whether the demised premises be
injured or not. A total destruction of the building in which the
premises may be situated shall terminate this lease.
14. Lessor's Remedies on Default. If Lessee defaults in the
payment of rent, or any additional rent, or defaults in the
performance of any of the other covenants or conditions hereof,
Lessor may give Lessee notice of such default and if Lessee does
not cure any such default within fourteen days, after the giving
of such notice (or if such other default is of such nature that
it cannot be completely cured within such period, if Lessee does
not commence such curing within such fourteen days and thereafter
proceed with reasonable diligence and in good faith to cure such
default), then Lessor may terminate this lease on not less than
fourteen days' notice to Lessee. On the date specified in such
notice the term of this lease shall terminate, and Lessee shall
then quit and surrender the premises to Lessor, but Lessee shall
remain liable as hereinafter provided. If this lease shall have
been so terminated by Lessor, Lessor may at any time thereafter
resume possession of the premises by any lawful means and remove
Lessee or other occupants and their effects. No failure to
enforce any term shall be deemed a waiver.
15. Security Deposit. Lessee shall deposit with Lessoz on the
signing of this lease the sum of zero Dollars ($0.00) as security
deposit for the performance of Lessee's obligations under this
lease, including without limitation, the surrender of possession
of the premises to Lessor as herein provided. If Lessor applies
any part of the deposit to cure any default of Lessee, Lessee
shall on demand deposit with Lessor the amount so applied so that
Lessor shall have the full deposit on hand at all times during
the term of this lease.
16. Tax Increase. In the event there is any increase during any
year of the term of this lease in the City, County or State real
estate taxes over and above the amount of such taxes assessed for
the tax year during which the term of this lease commences,
whether because of increased rate or valuation, Lessee shall pay
to Lesser upon presentation of paid tax bills an amount equal to
0% of the increase in taxes upon the land and building in which
the leased premises are situated. In the event that such taxes
are assessed for a tax year extending beyond the term of the
lease, the obligation of Lessee shall be proportionate to the
portion of the lease term included in such year.
17. Attorney's Fees. In case suit should be brought for
recovery of the premises, or for any sum due hereunder, or
because of any act which may arise out of the possession of the
premises, by either party, the prevailing party shall be entitled
to all costs incurred in connection with such action, including a
reasonable attorney's fee.
18. Waiver. No failure of lessor to enforce any term hereof
shall be deemed to be a waiver.
19. Notices. Any notice which either party may, or is required
to give, shall be given by mailing the same, postage prepaid, to
Lessee at the premises, or Lessor at the address first written,
or at such other places as may be designated by the parties from
time to time.
20. Heirs, Assigns, Successors. This lease is binding upon and
inures to the benefit of the heirs, assigns and successors in
interest to the parties.
21. Option to Renew. Provided that Lessee is not in default in
the performance of this lease, Lessee shall have the option to
renew the lease for an additional term of one hundred twenty
months commencing at the expiration of the initial lease term.
All of the terms and conditions of the lease shall apply during
the renewal term except that the monthly rent shall be the sum of
$600.00. The option shall be exercised by written notice given
to Lessor not less than sixty days prior to the expiration of the
initial lease term. If notice is not given in the manner
provided herein within the time specified, this option shall
expire.
22. Subordination. This lease is and shall be subordinated to
all existing and future liens and encumbrances against the
property.
23. Entire Agreement. The foregoing constitutes the entire
agreement between the parties and may be modified only by a
writing signed by both parities.
Signed this 28th day of August, 2000.
Dickey's Barbecue Pit - Coppell Henggeler Properties LP
By By ~
LeSsee (R~na~t) ~ E ~ Lesso