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HomeMy WebLinkAbout99-00974 , " , , I . 5. It is believed and therefore averred that Defendant no longer receives mail at the registered address and that the current address for Defendant is 9901 East Valley Ranch Parkway, Suite 1000, Irving, Texas 75063. 6. On or about January 5, 1996, Plaintiff as Lessor and Defendant as Lessee executed a Commercial Lease ("LEASE") for Suite 200 of the Premises. A true and correct copy of the Lease is attached hereto and made a part hereof as "Exhibit A". 7. The Lease has not been assigned. 8. The term of the Lease expired January 31, 1999. 9. Defendant defaulted under the terms of the Lease as hereinafter set forth. 10. No judgment has been entered on the Lease in any jurisdiction prior to this action. 11. Judgment is not being entered by confession against a natural person in connection with a residential lease. 12. The Lease provides, inter alia, that Defendant shall not vacate the Premises during the term of the Lease. 13. In violation of the Lease, Defendant vacated the Premises prior to the expiration of the term on July 31, 1998. 14. Plaintiff relet a portion of the Premises effective December 1, 1998, and the remainder of the Premises effective January 1, 1999. 15. The Lease provides, inter alia, for the payment of rent . t, , , '. . BASE RENT - Februarv 1. 1997 to Januarv 31. 1998. IN CONSIDERATION of which, Lessee agrees to pay 10 Lessor for the use of the Space, the sum of Twenty Six Thousand Nine Hundred Forty Four and 32/100 Dollars ($26,944.32), to be payable in monthly installments of Two Thousand Two Hundred FOrly Five and 36/100 Dollars ($2,245.36), ill advance, on the first day of each calendar month during the term beginning February I, 1997 and ending January 31,1998. BASE RENT - February 1. 1998 to January 31. 1999. IN CONSIDERATION of which, Lessee agrees to pay to Lessor for the use of the Space, the sum of Twenty Eight Thousand Twenty Two and 04/100 Dollars ($28,022.04), to be payable in monthly installments of Two Thousand Three Hundred Thirty Five and 17/100 Dollars' ($2,335.17), in advance, on the first day of each calendar month during the term beginning February I, 1998 and January 31, 1999. LATE CHARGE Any rent not paid within ten (10) days of its due date shall be subject to a ten percent (10%) late charge. Payments, when received by Lessor, shall be applied first to delinquent rents and late charges, if any. SECURITY DEPOSIT A "security deposit" in the amount of Two Thousand One Hundred Fifty Nine and 00/100 Dollars ($2,159.00), paid upon the execution of this Lease, shall be held by Lessor as security for the performance by Lessee of all the terms, covenants, and conditions of this Lease and/or the correction of damage in excess of normal wear and tear; otherwise, the "security deposit" , or any balance thereof, shall be returned without interest after the Lessee has vacated and left the premises in acceptable condition and surrendered all keys to Lessor. It is understood and agreed that the said "security deposit" is not to be considered as the last payment under the Lease. PLACE OF PAYMENT The rent reserved shaIl be promptly paid on the several days and times specified herein without deduction or abatement, unless hereinafter provided to the contrary, at the principal office of Lessor or such other address as Lessor may from time to time designate in writing. INABILITY TO GIVE POSSESSION Lessor shaIl not be liable to Lessee for any damage which may be caused to Lessee by the failure of Lessor to give possession of the Space by February 1, 1996, if the failure is not due to any fault on the part of Lessor, unless hereinafter provided to the contrary. 2 . '. , .' I Lessee agrees to provide (including but not limited to) the following: Telephone system and service If Lessee desires to introduce computer or telephone wires and instruments, the Lessor will place or direct the placing of same as to where, and how, and to what extent they are to be placed, and without such direction, no boring or cutting for wires will be permitted. The attaching of wires 10 the outside of the Building is absolutely prohibited. No attachment shall be made to the electrical system of the Building for the running of electric fans or motors, for storing of electricity, or for any other purpose without the written consent of the Lessor. Further, the electricity supplied to the demised premises shall not be used for any other purpose than lighting fluorescent and incandescent lamps, typewriters, adding machines, electric clocks, letter folders, dictating equipment, personal computers, and other office equipment thai will not require an unusual amount of electricity, without me written consent of Lessor. The Lessor, in all cases, reserves and retains the right to require me placing and using of electrical protecting devices to prevent the transmission of excessive currents of electricity in, to, or through me Building, and to require me changing of wires and their placing and arrangement as me Lessor may deem necessary; and further, to require compliance on the part of all using or seeking access to such wires with such rules as me Lessor may establish relating thereto, and in me event of noncompliance with the requirements and rules, the Lessor shall have me right to inunediately cut and prevent the use of such wires. In case me Lessee, in me reasonable judgment of me Lessor, uses electricity in an extravagant or unreasonable manner, said Lessor may require said Lessee to put in a meter or meters and pay for me amount used (if such would occur, me rental payments would be reduced by the amount allocated merein for me costs incident to supplying a reasonable amount of electricity to the demised premises), or in default mereof, the supply to be cut off. NEGATIVE COVENANTS OF LESSEE (a) Waste. Damage. or Injurv to Premises: Restoration No waste, damage, or injury to the Space shall be committed, and at the end of the term, me Space shall be restored, at me option of the Lessor, to the same condition in which i1 was at me commencement of the term, and the cosJ of said restoration shall be paid by Lessee, which cost shall be treated as additional rent due and owing under me terms of this Lease. This paragraph is subject to me exceptions of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause or happening not due to Lessee's negligence. 4 " , '. , (b) Lawful Possession. Fire Precautions. Machinerv. Weights Lessee shall not carry on any unlawful or immoral business in or about the Space, and shall not carry on any business which will endanger the Building from fire or cause a forfeiture of any fire insurance that Lessor has or may hereinafter have nn the Building. Lessee shall use every precaution against fire or activities which would cause a forfciturc of any fire insurance. Lessee shall not operate any machinery or equipment that may be harmful to the Building or disturbing to other occupants of the Building. nor place weights in any portion of the Space beyond the safe carrying capacity of the structure. (c) Signs. Lessee shall not place any signs upon the exterior of the Space nor cause any lettering of any kind ' whatsoever to be placed upon the outside windows of the Space. Lessee may. however. place a sign upon its door. (d) Alterations and Improvements Lessee shall make no alterations, additions, or improvements in or about the Space without Lessor's prior written consent. All such work shall be done at such time and in such manner as shall minimize any inconvenience to other occupants of the Building. As a condition precedent to Lessor's consent, Lessee shall deliver to Lessor written plans and specifications for all work and written plans and specifications for all heating, ventilating, and air conditioning alterations and/or improvements. Lessor shall have the right to approve any contractor to be used by Lessee in connection with any approved alterations and/or improvements to the Space. Lessee shall comply with all governmental rules and regulations in connection with such work and shall prevent any lien or obligation from being created agains1 or imposed upon the Building and will discharge all liens and charges for services rendered or materials furnished immediately after said liens occur or such charge becomes due and payable. Any al1erations, additions, or improvements made by Lessee and any fixtures installed as part thereof, shall at Lessor's option become rhe property of Lessor upon the expiration or sooner tennination of this Lease; provided, however, that Lessor shall have the right to require Lessee 10 remove such f1.Xtures or improvements and restore the Space to its original condition at Lessee's cost upon the expiration or sooner termination of this Lease. (e) Vacation '.-. Lessee shall neither vacate nor desert the Space during the term of this Lease nor permit same to be empty and unoccupied. 5 '. , , ". . RESPONSIBILITY OF LESSEE (a) Damal:es 01' Iniury to Property All damages or injuries done to the Space by Lessee and/or Lessee's customers, clerks, servants, agents, employees, visitors of Lessee, and individuals for whom Lessee is responsible, other than those caused by ordinary wear and tear, shall be repaired by Lessee at its expense. Lessee covenants and agrees to make such repairs upon twenty (20) days' written notice given to Lessee by Lessor, and if Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20) days after receiving such notice, Lessor shall have the right to make such repairs at the expense and cost of Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiratirln "f the tenn, then the cost so made may be collected by the Lessor as additional rent for the use of the Space during the entire term. (b) Payment of Judgment. etc. Lessee shall bear, pay, and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against Lessor, arising from Lessee's use or occupancy of the Space and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify, and save hannless Lessor, or Lessor's agents, servants, employees, and the public at large. (c) Discharge of Liability In consideration of securing this Lease at the above-stated rent, Lessee does hereby release and discharge the Lessor, its agents, servants, and/or employees, and said Lessor's successors and/or assigns, from any and al1liability by reason of any injury, loss, and/or damage to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fIre, the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet, steam pipe, and drain in any part or portion of the Space and/or any part or portion of the Building of which the Space is a part, and from all liability for any and all injury, loss and/or damage caused by the wa1er, gas, steam, waste, and contents of said water pipes, gas pipes, steam pipes, sewers, basins, wa1er closets, and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the Building. 'A-, 7 - '. , , ... , RESPONSIBILITY OF LESSOR (a) Partial or Total Destruction of Property In !he event !hat !he Building or the Space shall be totally or substantially damaged by fire or other casualty or happening, this Lease shall not terminate, but in such event Lessor agrees to repair, restore, or rebuild the Space as the case may be, subject to the availability of insurance proceeds, to its condition immediately prior to such damage or destruction wi!h due diligence and within four (4) mon!hs after such damage; and in the event thai the demised premises cannot be repaired, restored, or rebuilt as aforesaid, within such four (4) months' period, Lessor's sole remedy shall be the right to cancel and terminate this Lease without further liability on the part of either party. The rent payable hereunder shall entirely abate in case the demised premises are substantially destroyed or so damaged as to be rendered untenantable, or abate proportionately according to the extent of the injury or damage sustained by the Space, if it is not substantially destroyed but is rendered partially untenantable, until the Space shall have been restored, repaired, or rebuilt, as the case may be, and put in proper condition for use and occupancy. Lessor agrees to institute such repairs immediately after such damage and to complete the same with due diligence and within a reasonable time. Partial destruction shall be restored within ninety (90) days from the date of destruction, and complete destruction shall be completely rebuil1 within 120 days from !he date of destruction to the extent feasible. (b) Damage for Interruption of Use Lessor shall not be liable for any damage, compensation, or claim by reason of inconvenience or annoyance arising from the necessity of making repairs, alterations, and/or additions to any portion of the Space, !he interruption in the use of the Space, or the termination of !his Lease by reason of the destruction of the Space. ACCEPTANCE OF NOTICE TO OUIT: DISPOSSESSION: W AIVER OF REMEDIES BY LESSEE: WAIVER OF DEMAND Lessee hereby accepts notice to quit, remove from, and surrender up possession of the Space to Lessor at the expiration of the 1erm hereof, whenever it may be determined. On failure to pay rent due for twenty (20) days, or upon breach of any o!her condition of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, despite the distraint, Lessee shall be a nontenan1, subject to dispossession by Lessor, wi!hou1 further notice or process of law, with release of error and of damages, and I.essor 'may reenter the premises and dispossess Lessee without thereby becoming a trespasser. Lessee hereby waives the benefit(s) of all exemption laws of this Commonweal!h !hat are now in force or may hereinafter be in force, or in any action or actions that may accrue on this Lease, and in any distress or distresses that may be made for collection of the whole of said rent, or any part thereof. Lessee also waives the benefit of stay of execution, inquisition, extension, right of appeal. certiorari, and all errors in all proceedings arising out of this Lease, Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of reentry or of recovery of possession without legal process or by means of any action or proceeding whatsoever. 8 .. '. . . .. CONFESSION OF .JUDGMENT If rent and/or charges hereby reserved as rent shall remain unpaid for twenty (20) days beyond any day when the same should be paid, Lessee hereby empowers any Prothonotary or Attorney of any court of Record to appear for Lessee. in any and all actions which may be brought for rent and/or the charges, payments, costs, and expenses reserved as rent. or agreed to be paid by Lessee and/or to sign for Lessee an agreement for entering into any competent court an amicable action or actions for the recovery of rent or otner <:harges or expenses, and in said suites) or in said amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this Lease and then unpaid including the rent for the entire unexpired balance of the term of this Lease, and/or other charges, payments, costs, and expenses reserved as rent or agreed to be paid by Lessee, and for interest and costs together with an attorney's commission of ten percent (10%); and judgment in ejectment as herein provided may be entered concurrently ,therewith. Judgment may be confessed repeatedly until any deficiency is collected. EJECTMENT At the end of said term, whether the same shall be de1ermined by forfeiture or expiration of the term, or upon the breach of any of the conditions of this Lease, as possibly modified by the Paragraph entitled "Remedies of Lessor" hereof, Lessee authorizes any attorney of a court of record in Pennsylvania to appear for Lessee in an amicable action of ejectment and confess judgment against Lessee in such action and Lessee in such event further authorizes the immediate issuance of a Writ of Possession for the same, with Writ of Execution for the costs, and with reasonable attorney's fees for prosecution of such action. LIABILITY RELIEF Lessee hereby relieves Lessor from all liability by reason of any injury, loss, and/or damage 10 any person or property in the Space which may arise from or be due 10 the use, misuse, or abuse of the elevator(s), if any, hatches, openings, stairways, or hallways, that may be (or have been) constructed in the Building, or from any kind of injury, loss, and/or damage which may arise from any other cause on the premises or in the Building. POSSESSION DEFINED .... Possession of the Space includes the exclusive use of the same, together with the use, in common with any other occupants of the Building, of the hallways, stairs, elevator(s), if any, toilet rooms, parking area, if any, heat, air conditioning, electricity, lighting, and water. REMEDIES CUMULATIVE All remedies of Lessor shall be cumulative and concurrent. 9 .... . ~ . . ~ . CONDEMNATION In the event that the Space or any part thereof is laken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken, terminate as of the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of leased space taken or condemned or shall cease if the entire Space be so taken. If a part taken substantially and unreasonably interferes with the function and efficiency of Lessee's business, Lessee may terminate this Lease on the remaining portion of the Space by delivering a fifteen (15) day written notice to Lessor. In any event, Lessee waives all claims against Lessor and the condemning authority by reason of the complete or partial taking of the Space. SUBORDINATION OR SUPERIORITY: ASSIGNMENT BY LESSOR The rights and interests of Lessee under this Lease shall be subject and subordinate to any first mortgage that may be placed upon the Space and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements, and extensions thereof. Any mortgagee may elect to give the nghts and interest of Lessee under this Lease priority over the lien of its lIlungage. In the event of such election and upon noti,~_a[ion by such mortgagee to Lessee to that effect, the rights and interests of Lessee under this Lease shall be deemed to have priority over the lien of said mortgage, whether this Lease is dated prior to or subsequent to the date of said mortgage. Lessee shall execute and deliver whatever instruments may be required for such purposes and in the event Lessee fails to do so within ten (10) days after demand in writing, Lessee does hereby make, constitute, and irrevocably appoint Lessor as its attorney-in- fact and in its name, place and stead so to do. Lessor may assign its interest in this Lease or any part thereof, and such assignee shall thereupon be deemed Lessor hereunder. OUIET ENJOYMENT Lessee, upon paying the said rent and performing the covenants of this Lease, on its part to be performed, shall and may peaceably and quietly have, hold, and enjoy the Space for the term aforesaid and any herein duly authorized addi1ional term. ELEVATOR Lessor will have, and keep in opera1ion, an automatic-type passenger elevator and keep the same in good repair; all ordinary cleaning of, and "repair to said elevator shall be effected so far as possible, out of business hours, but all extraordinary repairs or improvements rendered necessary by accident or other cause may be made at any time, and in such case, Lessor shall not be responsible for suspension of eleva10r service, provided such repairs or improvements be made with reasonable diligence. 10 0 .{, 0 0 0 '" '" '" .... '" .... '" ... N " OJ ...Ojrd ., 1Il"- ... .~ .,...i:: ::l ;;:Ul~ Ul rtSM~ ( N,!( 1Il " rd "i:: "~,, ....rdi:: 0 Po<;:;:., 0 '" Po< ii: 00 'd '" '" . ...."'., i:: .0 ....1': 0 >. u lit N 0 ., E Ul - )C. OJ ')l. >4 It\ /J\ - o - )C o - o - " o - o ~ 0 0 - - - )(. )t. x 0 0 0 - - - '/. . ".. -. * . .... ... .. ..... - . \00... . VERIFICATION I, James P. Stephens, Jr., President of Property Management, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 1B Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. PROPERTY MANAGEMENT, INC. Date: '2/1 ~/91 SOOBC ,\, , '" ., ~ ." ~, '''- t"- d ~ u J ',- - i r";- L! -, l-I-J ..J" \": ~, ,. "- lJJ , '\ () . c) '1 Ct, " (;' ,', -' ') '.) ~ '" ... 1;1 ~ , , , 'J) -, L~' " r G" \J f.: , T j L '" ~ " ("', C. ~ c\ I'. U If \ .\ (j ~ '<l -~ ~ )---- I <;) CfJ ,0: tJ1 riI - s:: "'I "'; ~ ~ u'O E-< ...:i :2;.... ~CfJ Z :2; H',; .0: riI ~ 0 0,0: ;:l :r:u :;: Q " 2:~ -D:l 'I-l E-< :r: {9 2: E-< 'I-l "'I roE-< ~ ;:J 0 0 - ~ Z.... OM ,0:''''1 ::J Z ;:; '2 8 u:>< I:iI ro J.J riI.Q,o: " 0 " > E-< "'I :s ''; ~ :r:'riI u . 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