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HomeMy WebLinkAboutNo Address - Warranty Deed - Richard M & Jean E Conway; Lorna D Zeitler; George A Nixon___ .;,.� -- -A-< 9�911271.6 GF9100177 TFTCo/Pearland/am STC/GD �0207313-5' 7 '2 c; '7 � ''8- GF#9100177 (=�=-� 9 -2 4 2 7 -L)-o 1 -4 s -o s 7 .5 WARRANTY DEED REFILE TO CORRECT LEGAL DESCRIP TION Date: March 22 , 1991 Grantor: RICHARD M. CONWAY and wife, JEAN E. CONWAY; and LORNA DALEY ZEITLER, Individually and as Independent Executrix of the Estate of EDWARD 0. ZEITL ER, Deceased; and GEORGE A. NIXON, as Trustee of EDWARD 0. ZEITLER TRUST Grantor's Mailing Address (including county): Conway -504 Clearview, Galveston County, Friendswood, Tx.77546 Zeitler -#4 Emerald Circle, Galveston County, Frie�ds�ood, Tx. Nixon -3807 Millbridge, Harri s County,Houston, Texas 77059 Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address (including county): 109 Willowick Galveston County Friend swood, Texas 77546 Consideration: TEN AN D N0/100 DOLLARS and other valuable consid eration Property (including any improvements): Part of Lot 2 in Block 6 of Friendswood, a Subdivision of part of the Sarah McKissick or J. R. Wil 1 iams League, in Galveston County, Texas, according to the map thereof recorded in Volume 238, Page 14, in the office of the County Clerk of Galveston County, Texas, and being more part icularly described by metes and bounds as follows: BEGINNING at a point in the Northeast line of said Lot Two (2) which point is North 45 deg. 00 min. West, a distance of -Mtr feet from the East corner of said Lot Two (2); 390 THENCE from said beginning point continuing North 45 deg. 00 min. West, along and with the Northeast line of said Lot Two (2), a distance of 270 feet to the North corner of said Lot Two (2), wh ich point is in the center line of a 60 foot road as shown on map of record of Friendswood; THENCE South 45 deg. 00 min. West, along and with the center line of said road and the Northwest line of said Lot Two (2), a distance of 325 feet to a point for corner; �.:.;.i -" 1 THENCE West, continuing along the center line of said�, road and the North line of said Lot Two (2), a distance of-9-4-.-95-feet to a point for corner; 84 .85 THENCE South 45 deg. 00 min. Hest, continuing along the center line of said 60 foot road and the North west line of said Lot Two (2), a distance of 245 feet to a point for corner; THENCE South 45 deg. 00 min. East, a distance of 30 feet to a point for corner; THENCE North 45 deg. 00 min. East, and parallel with the Southeast line of said Lot Two (2), a distance of - 1 - MAY 1991 RECEIVED .. �. 7-48-0874 234 feet to a point for corner on the Northerly bank 007-49-?'128 of Coward's Creek; -· THENCE with the meander of the Northerly bank of Coward's Creek on the following approximate courses and distances: South 55 deg. 23 min. 20 sec. East, 61 feet; South 66 deg. 37 min. 40 sec. East 74 feet; North 51 deg. 05 min. 10 sec. East 117 feet; South 38 deg. 13 min. 10 sec. East 212 feet; North 39 deg. 44 min. 20 sec. East 20 0 feet; and THENCE North 18 deg. 35 min. 38 sec. East, a distance of 75.08 feet to the PLACE OF BEGINNING. Reservations from and Exce ptions to Conveyance and Warranty: Easements, righ ts-of-way, and presc riptive righ ts, whether of record or not; all presently recorded instrume nts, other than liens and conveyances, that affect the property; taxes for 1991, the payment of which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, own ership, or both, the payment of which Grantee assumes. Grantor, for the consid eration and subject to the reservations from and exce ptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and sin gular the rights and ap purtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrato rs, suc cessors, or assigns forever. Gran tor binds Grantor and Grantor's heirs, executors, administrators, and suc cessors to war rant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns agai nst every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. fo -2 - .• ' ,.- � ' THE STATE OF TEXAS COUNTY OF BR AZORIA * * Dl.ll::_49-2429 ...... ---·-·-.--:,:-: .. ·····� -----007-48-0875.,/ ____ ,,.../ ._..:J;'.f:l_;,J-'$//·1r:1:strument was acknowledged before me on the .::::?,;;?� .. �:;•��---<-��? .. /=· .. ;; {�.;,��:. -��:-�.?�::. day of :r1tfch, ff�llf_b} RICHARD M. CONWAY and wife, JEAN E. CONWAY. L✓��N �---· -'lie, State of Texas,._. otary u . .. � .. __ ,. ... ,,. .. -.;, ':\:} .. --: .. : '�--'_.:i .. _,'THE' STATE OF TEXAS *COUNTY OF BR AZORIA * ABBIE MARKUM Notary Public, Slate ofTexas My Comm. Expires Sept 2, 1994 ::--· ...... ���..::-This i.nstrument was acknowledged before me on the =2,;2---� day o fMarc.h, :,}9;91}. by LO RNA ·-� ... . ·, .... ·-. ' . E*��-��t�)�' o _./\�e\E.state�:_<· •. :�.�,·:�·-<· . . ·/< ... ) ·.� • .' ,1:• /::1. '•:".f it7 ·(:(i:;;::>)d:J;, ... .THE: STATE OF TEXAS ,, : ' .... _ . •' .. , ---�- * C Q UNT y:·:h(}�A,,ZO RI A * DALEY ZEITLER, Individually, and as Independentof EDWARD 0. ZEITLER, Deceased. �� Notary Public, State of Texas ABBIE MARKUM Noiary Public, State ofTexas My Comm. Expires Sept. 2, 1994 -:-..''l�; .. --�-✓--:-�-:::, --�(< .�··'. . _· .... ::•i ... :�/·:j\\ :-_ ./ ·:s,,·:' -�-J·his:-i\r,(}�Y:UlJ!S:nt was acknowledged before me on the.�,\ � ��::�t,:f{ ,-· --�-,::/·.·::: ... /·-�:� t;1--:· '{.{� )' /,/2;£ day of;:-.. :;.r;-�rct)_:�'·199-1: ;:·,b.__y,'.. �ORGE A. NIXON, as Trustee of EDWARD 0. ZEITLER TR UST. • .:� .;-i :l; .. �;·;:_,• ..... &, .... ,: ... - .... �; , ........... ' �-:-: :;.,·· After. Recordi �;:$ ng Return . (}_QµJ� .. r / Texas Fidelity Title Company P.0. Box 877Pearland, Texas 77588 Prepared in the Law Offices Of: Crouch, Crouch & DeWitt P.0. Box 759Alvin, TX 77512-0759 !="ft E� �n;:, :;:,r.-ro·Ro t. -. �LJ"-...Z'\:.:1".. 1·�:._.•_; l . 9i APR - �� � Notary Public� S-tate · - . -� of Texas � l� ABBIE MARKUM No!ary Public. Slate of Texas My Comm. Expires 5ef)t. 2, 1994 � 1 ATE . i: T::)U<, CC::UNt OF GALVESTOf-{I hGreb· er�i!y that this i str:.;ment was tiled on the C,819 ti:ne stamp hereon by me and waa ouly reco ed in the otkcial Public Recordsof Rea! Property f Galvesttn County Texas. on APR� �:1..L.<::,,� ,,:.::,� 1•,-i.:.::",a.,.��r,_ ,' ._l/. ,, "\.,,_,., ... CZ:fJ�t:-·r C ERK - 3 -,.,,1·.1E-:;rr.:..; "/\''' .,.Y T£XAS \.:1"�-- .... , \,,,,• . .,. _ _.,. � • " ........ I ---· ,...-,-,r-'.:'"."\ -·· r--• .. \: .. : '"; r v\jo\.\J ·;\,_,:_;., . -·· .•- 91 tJR \9 Bi \\l' �J �:ii,i�C 007-49-2430 � 1 AT� Of TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed on the sate and time stamped hereon by me and was duly recorded in the Offic�I Publi-c Recordsof Real Property of Galveston County Texas, on APR 19 1991 QH•.J;� � COUNTY CLERK GALVESTON CO., TEXAS P.O.BOX877 3302 EAST WALNUT PEARLAND. TEXAS 77581 (71 3) 485-2307 FAX: (71 3) 485-24 1 4 PEARLAND. TEXAS 77588-0877 ..J __ _ ·_·:··-·---�-- " , .. __ ··: . _ COMPANY COMMITMENT FOR TITLE INSURANCE ·! ,, • I. 2. 3. 4. 5. I I '?I -, .l�,--:, Q.c: �<!. �t. S'I1 E"VAl{'l., "rI"rLE . <, \ ' :, � "' . / ?� $ � ,u T�r:>C..K.• #" �" 97'3 .3/11/91 ONE TO FOUR FAMILY RESIDENTIAL EARNEST MONEY CONTRACT (RESALE) ALL CASH, ASSUMP TION, THIRD PARTY CONVENTIONAL OR OWNER FINANCED PROMULGATED BY TEXAS REAL ESTATE COMMISSION .. '- • v-y, -� -·\ . -"--t'OTiq\_�?t fo'i U��-fo� _C�11_?omj��m 1!_an��io�., 02-08-857U .. cha,11,d (!). [ o ru.oa.v, and L ONl.a.·. -fJaJ..,w. Z eU:i..eA PARTIES: , -<r (Seller) agrees to sell and convey to C .l.:tfj, o/. J.tti...en.clwJood (Ruyer) and Buyer agrees to buy from Sel � the prope y ,described below. PROPERTY: Lot a/1.:t. o Lot 2 a 4WJdi..v iAJ..o n oA�ition, City of O e ef-n9, 2 • 3/ aC/l.€.1.l. mo/te 0/t Le✓.11.1. - .) luz..d.weLL (Address): or as described on attached exhibit. together with the foll owing items,if any: curtains and rods, draperies and rods. valances. blinds. window shades, screens, shutters. awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans. attic fans. mail boxes. television antennas. permanently installed heating and air conditioning units and equipment. built-in security and fire detection equipment, lighting and plumbing fixtures, water softener. trash compactor, garage door openers with controls, shrubbery and all other property owned by Seller and attached to the above described real property. All property sold by this cont @a ·s called the" frty". C011'.RA�hs;a��:�1���ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V\. ?-.............. -�·qi ·�.l?.C!:fJ. _o_ .$ 5�. 00B.Sum of all financing described in Paragraph 4 below ........................ �-. . . . ....................... $ 0 · 0 0 C.Sales Price (Sum of A and B) . . . . . . . . . .. . .. .. .. . . .. . .. .. . . . ... . . . . . . . . . . . . . ..... b.C?1 .?J. (). tJ,.�-� .$ 55,000, Oi)�/4. ALL CASH: TI1is is an all cash sale: no financing is involved. -' -'1 • .• •• � �\ 0 B. ASSUMP TION: FINANCING: (Check applicable boxes below) cJ} A)i· (l)Buyer·s assumption of the unpaid principal balance of a first lien promissory note payable to------==---------------­in present monthly installments of\",.. \ . � -1 93i_ncluding principal. inter�st and any reserve deposits. with Buyer"s first ins_tallrn�mentbeing payable on the first installment payment date after closing, the assumed principal balance of which at c�.be-S:::::::::: _____ _(2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable to----=--""�::..... ____________ _ in present monthly installments of$ _______ , including principal. interest and any re e�ts, with Buyer's first installment payment being payable 'On the-first installmenc.�yment date.after closing, the assumed princip;rr alance of which at closing will be $, _______ _ Buyer's assumption of an existing note includes.all obligations imposed by the deed-of-tfiistsecuring the note. If the total principal balance of all assumed loans varies in an amount-gr� $35 0.0 0 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. If the noteholder on assu� (a) requires Buyer to pay an assumption fee in excess of$ ___________ in B(l) above or $, _________ ��bove and Seller declines to pay such excess or (b) raises the existing interest rate above _____ %-----in B(l) above or _____ 9om 8(2) above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. The cash payable at closing shall be adjusted oythe amount of any variance in the loan balance(s) shown above. NOTI�IJYER: Monthly payments. interest rates or other terms of some loans may be adjusted after closing. Before signing the contract. examine the and deeds of trust to determine rhe possibility of future adjustments. _____ _ -----0 C. THIRD PARTY FINANCED: ____ _ D I. A third party first lien note of$, ___________ , due in full in . -:rear(s):-;,ayable in initial monthly payments of principal and interest not exceeding$, ___________ for the fi_!:.<t -------;..ear(s) of the loan. D 2. A third party second lien note of$ ::\-�ue in full in _____ year(s), payable in initial monthly payments of principal and interest not exceeding$ ----for the first _____ year(s) of the loan.NOTICE TO PA RTIES:,_fu:.for.e-�this contract Buye\ is advised to determine the financing options from lenders. Certain loans have variable rates of interest�ve1fionthly payments which may not be sufficient to pay the accruing interest. and some have interest rate "buydowns" which reduce the nterest for part or all of the loan term at the expense of one or more of the parties to the contract. 0 D. TEX A S VETERA NS" HOUSING ASSISTANCE PROGRAM LOAN: This contract is also subject to approval for Buyer of a Te xas Veterans' Housing Assistance Program Loan (the Program Loan) in an amount of $, _________ for a period of at least _______ years at the interest rare established by the Te xas Veterans' Land Board at the rime of closing. D E. SELLER FINANCED: A promissory note from Buyer to Seller in the amount of$ ___________ , bearing ___ % interest per annum, and payable: ----------------D I. In one payment due ___________________ fter the date of the note with interest payable-:::,--=------------· D 2. In installments of $ • [ ] including interest [ ) plus interest beginning;_�-=-------------after the date of the note and continuing at . · ntervals thereafter for -------year(s) when the entire balance of the note shall be due and payable. � D 3. Interest only in _________ installments for the first _.. year(s) and thereafter in installments of$, _________ _ ] including interest [ ) plus interest beginning --------fter the date of the note and continuing at _________ _ intervals thereafter for _____ ycar(s) 'he �t:re'balance of the note is due and payable.0 4. This contract is subject to Buyer furnislung-Seller evidence of good credit within ______ days from the effective date of this contract. If notice of disapproval of Buyer's ere ·1--iS"not given within five (5) days thereafter, Seller shall be deemed to have approved Buyer's credit. Buyer hereby authorizes Buyer's c · report to be furnished to Seller. Any Seller fi� note may be prepaid in whole or in part at any time without penalty. The lien securing payment of such note will be inferior to any lien �l't!1g3ny loan assumed or given in connection with third party financing. If an Owner·s Policy of Title Insurance is furnished, Buyer shall furnish �r with a Mongagce·s Title Policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within ____ _ days from the effective date of this contract and shall make every reasonable effort to obtain the same. Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property. requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within _____ days from the effective date hereof, this contract shall terminate and the Earnest Money shall be refunded to Buver. EARty,..ST MON'!fJ;jeJ!aOOO%?!Ji is ,Berewith, tende[ed tiY Buyer and is to be deposited as Earnest Money with excu.1. _$1, J e { om.pan.y,. at '/ ea/U...a.J?.<!:,_ Jexcu.1. (Address), as facrow Agent. upon execution of the contra�t by both parties. D Additional Earnest Money of$, ___________ shall be deposited by Buyer with 0 1 9 TREC NO. 20-0 -✓ o / Aad�� -=-4'14,.·<J �u. ®' Jfiarrell �eal�, �ru:. 331 E. PARKWWO FRIE�:;;s wooo. TEXAS 77546 SINCE 1956 -q;: 9 ·�oo �. JANET BURTZLAFF 1B ---- REALToit' MI.S SALES ASSOCIAT E Office • 48 2-3404 Home• 482"-!763 , 1 ·0,,, To "'"' Family lk,;&,m;,1 "'""'' Moo<y Comm, -Pag< T� the Escrow Agent on or before _____________ , 19 __ , 02-08-85 ' 6. TITLE: Seller shall furnish to Buyer at Seller's expense either: � Ji.de/.il � u1 ( � A. Owner's Policy of Title Insurance (the Title Policy) issued by J exaA. -ft J e ompan.y. 7. ., 8. 9. in the amount of the Sales Price and dated at or after closing: OR 0 B. Abstracts of Title certified by an abstract company ( I) from the sovereignty to the effective date of this contract (Complete Abstract) and (2) supplemented to the Closing Date (Supplemental Abstract). NOTICE TO SELLER AND BU YER: AS REQUIRED BY LAW, Broker advises Buyer that Buyer should have an Abstract covering the f'roperty examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy i� to be obtained. Buyer should obtain a Commitment for Title Insurance (the Commitment) which should be examin�d by an attorney of Buyer's choice at or prior to closing. If the Property is situated in a Utility District, Section 50.30 I Te xas Water Code requires the Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. PROPERTY CONDITION: (Check A or B) DA. Buyer accepts the Property in its present condition. sub�ct only to;i�y lc;nder 1equired rep,11ir�11d aJi/ii..ri.g, ti5 S aA .u1. -1.1A.Opvu:.:;-�o oe ll/.l..etJ. f-0/7. p /7. .t.eve,uon --,-.-.- \ � '_\ ... J\. .. , :\ -I•-<\ O B. Buyer requires inspections and repairs required by any lender and ·the {'roperty�Condition Add�odum attached hereto. On Seller's receipt of all loan approvals and inspection reports, Seller shall commence repairs and tennite treatment .required of Seller by the contract, any lender aii_d t_li1,�operty -{:ondition Adde�um,· if.any, and• complete such rep.;irs' prior to closing. Seller's responsiliility·for:. the ·repairs;-termite treatment and repairs to tennite damage shall not c;\ceed $ . -·, \ \ �Jf Seijer (ails to.compleie s0<:!i.repairs, Buycrmay-d6 so and-Seiler-shall be liable up to the amount specified and the same paid from the proceeds of the sale. If the repair costs wip _excee� ,the stated amo\lnt a�? �ell<;� refuse.s ,t_o. p_ay s_ueh excess. B�er may (I) pay the additional cost or (2) accept the Property with the limited repairs unless such repairs are re'lJ1lired bf lende? or (3) Buyer may lern\inate thii° contract and the Earnest Money shall be refunded to Buyer. Buyer shall make his election within three (3) days after Seller notifies Buyer of Seller's refusal to pay such excess. Failure of Buyer to make such election within the time provided shall be deemed to be Buyer's election to accept the Property with the limited repairs. and the sale shall be closed as scheduled; however, if lender required repairs prohibit Buyer's acceptance with the limited repairs, this contract shall tenninate and Earnest Money shall be refunded to Buyer. If the repair costs will exceed five (5) percent of the Sales Price of the Property and Seller agrees to pay the cost of such repairs. Buyer shall have the option of closing the sale with the completed repairs. or tcnninating the sale and the Earnest Money shall be refunded to Buyer. Buyer shall make this election within three (3) days after Seller notifies Buyer of Seller's willingness to pay the cost of such repairs that exceed five (5) percent of the Sales Price. Failure of Buyer to make �uch election within the time provided shall be deemed to be Buyer's election,10 close the sale with the comp! ted repairs. � Broker(s) and sales associates havonJj=::.LL? 7? liability� r 'ns ::ions r pa' . on -ct 1A � BROKER'S FEE: eaJ.:t · [, is ng Broke� an any Co-Broker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker t fee s greement between Lis ng roker and Seller. Escrow Agent is authorized and directed to pay Listing Broker said fee from the sale pr ceeds. CLOSING: The closing of the sale shall be on or before (f}a/1..ch 22, { 99 /, 19 __ , or within seven (7) days after objections to title have been cured. whichever date is later (the Closing Date); however. if financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date shall be extended daily up to fifteen (15) days if necessary to complete loan requirements. If either party fails to close this sale by the Closing Date. the non-defaulting party shall be entitled to exercise the remedies contained in Paragraph 16 immediately and without notice. 10. POSSESSION: The possession of the Property shall be delivered to Buyer on . upon clo� and � m us present or required improved condition. ordinary wear and tear excepted. Any possession by Buyer prior to or Seller after closing that is not authorized by the Buyer's Te mporary Residential Lease or Seller's Tem porary Resid ential Lease Fonns promulgated by the Te xas Real Estate Commission shall establish a landlord­tenant at sufferance relationship between the parties. 11. SPECIAL PROV ISIONS: (Insert factual statements and business details applicable to this sale.) LV t�� .,&_.fi'e,::.✓,�k.. � J;; # �-. , 12. SALES EXPENSES TO BE PA ID IN CASH AT OR PRIOR TO CLOSING: /V f,1 A. Loan appraisal fees shall be paid by '7f 1 B.The total of the loan discount and any buydown fees shall not exceed$ NJ of which Buyer shall pay the first $ ___ _ and Seller shall pay the remainder. C. Seller's Expenses: Prepayment penalties on any existing loans paid at closing. plus cost of releasing such loans and recording reieases; 1ax statements: 'I, of any escrow fee: preparation of deed: preparation and recording of any deed of trust to secure assumption; any Te xas Veterans· Housing Assistance Program Participation Fee: other expenses stipulated to be paid by Seller under other provisions of this contract. D. Buyer's Expenses: Application. origination and commitment fees: private mortgage insurance premiums and any loan assumption fee; expenses incident to new loan(s) (e.g .. preparation of any note, deed of trust and other loan documents. su1 eY,.rccording fees. copies of restrictions and easements, Mortgagee's Title Policies. credit reports. photos); 1/, of any escrow fee; any required premiums fort ood and hazard insurance; any required reserve deposits for insurance premiums. ad valorem taxes and special governmental assessments: interest on all monthly installment payment notes from date of disbursements to one (I) month prior to dates of first monthly payments; expenses stipulated to be paid by Buyer under other provisions of this contract and any customary Te xas Veterans· Housing Assistance Program Loan costs for Buyer. E.If any sales expenses exceed the maximum amount herein stipulated to be paid by either party. either party may tern1inate this contract unless the other party agrees to pay such excess. 13. PRORATIONS: Ta xes. 0ood and hazard insurance (at Buyer's option). rents. maintenance fees, interest on any assumed loan and any prepaid unearned mortgage insurance premium which has not been financed as part of any assumed loan and which is refundable in whole or in part at a later date shall be prorated through the Closing Date. If Buyer elects to continue Seller's insurance policy. it shall be transferred at closing. 14. TITLE APPROVAL: A.If abstract is furnished. Seller shall deliver Complete Abstract to Buyer within twenty (20) days from the effective date hereof. Buyer shall have twenty (20)days from date of receipt of Complete Abstract to deliver a copy of the examining attorney's title opinion to Seller, stating any objections to title. and onlyobjections so stated shall be considered. B. If Title Policy is furnished. the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to (I) restrictive covenants affecting the Property (2) any discrepancies. connicts or shortages in area or boundary lines, or any encroa:hments. or any overlapping of improvements (3) taxes for the current and subsequent years and subsequent assessments for prior years due to a change in land usage or ownership (4) existing building and zoning ordinances (5) rights of parties in possession (6) liens created or assumed as security for the sale consideration (7) utility easements common to the platted subdivision of which this Property is a part and (8) reservations or other exceptions pern1itted by the tenns of this contract. Exceptions pennittcd in the Deed and zoning ordinances shall not be valid objections to title. If the Title Policy will be subject to exceptions other than those recited above in sub-paragraphs (I) through (7) inclusive. Seller shall deliver to Buyer the Commitment and legible copies of any documents creating such exceptions that are not recited_ in sub-paragraphs (I) through (7) above at least five (5) days prior to dosing. If Buyer has objection to any such previously undisclosed exceptions. Buyer shall have five (5) days after receipt of such Commitment and copies to make written objections to Seller. If no Title Commitment is provided to Buyer at or prior to closing. it will be conclusively presumed that Seller represented at closing that the Title Policy would not be subject to exceptions other than those recited above in sub-paragraphs (I) through (7). · • - \ C.In either instance if title objections are r�sed . ��lier shaJ.!_.bave fifteen ( 15) days from the date such objections-art�isclosed�!<?·'cure fhe sa�c-.�l!l_ld the Closing Date shall be extended accordingly. 'If Iii� objections arc not satisfied by the e�tended closing date, this contract shall tcnninatc and the Earnest Money shall be refunded to Buyer. unless Buyer elects to waive the unsatisfied objections and complete the purchase. D. Seller shall furnish tax statements showing no delinquent taxes. a Supplemen tal Abstract when applicable. showing no additional title exceptions and a General 0 1 9 TREC NO. 20-0 One To Four Family Residential Earnest Money Contract concerning /0/ S4C1.aJ1.ie.ll J.Jf Acq,,c;a.Page Three ·(Address of Property) 02-08-85 Warranty Deed conveymi; title subject only to liens securing paylllC'nt of debt created or assumed as part of the consideration. taxes for the current year. restrictive covenants and utility easements common to the platted subdivision of which the Property.is a part and reservations and conditions permiucd by this contract or o<hcrwise acceptable to Buyer. Each note shall be secured by vendor's and deed of trust liens. A vendor's lien and deed of trust to secure any assumption shall be required, which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed, nole(s). deed of trust or deed of trusl to secure assumption, forms prepared by the State Bar of Te xas shall be used. 15.CASUALTY LOSS: It any part of Property is damaged or destroyed by fire or other casualty loss, Seller shall restore the same to its previous condition as soon as reasonably possible. bu1 in any even\ by Closing Date. If Seller is unable to do so without f ault, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. 16. DEFA ULT: If Buyer fails to comply herewith. Seller may either (a) enforce specific performance and seek such other relief as may be provided by law or lb) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault. within the lime herein required. to (a> make any non-casualty repairs or (bl deliver the Commitment or (c) deliver the Complete Abstract, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend th·, time for performance up to fifteen (15) days and the Closing Date shall be extended pursuant to other provision� of this contract. If Seller fails to comply herewith for any other reason. Buyer may either (aJ enforce specific performance hereof and seek such other relief as may be provided hy law or (b) terminate this contract and receive the Earnest Money. thereby releasing Seller from this contract. 17. A1TORNEY'S FEES: Any signatory to this contract. Brok.er or Escrow Agent who is the prevailing party in any legal proceeding brought under or wi1h relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 18. 19. 20. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (a) is not a party to this contract and docs not assume or have any liability for performance or non-performance of any signatory (b) has the right to require from all signatories a wriuen release of liability of the Escrow Agent which authorizes the disbursement of the Earnest Money (c) is not liable for interest or other charge on the funds held and (d) is not liable for any losses of escrow funds caused by the failure of any banking institution in which such funds have been deposited, unless such banking institution is acting as Escrow Agent. If any signatory unreasonably fails to deliver promptly the documents described in (b) above. then such signatory shall be liable to the other signatories as provided in Paragraph 17. At closing. the famcst Money shall be applied first to any cash down payment required, then to Buyer's closing costs and any excess refunded 10 Buyer. Any refund or payment of the Earnest Money under this contract shall be reduced by the amount of any actual expenses incurred on behalf of the pany receiving the Earnest Money. and Escrow Agent will pay the same to the creditors entitled thereto. REPRESEN TATIONS: Seller represents that as of the Closing Date (a) there will be no unrecorded liens. assessments or Uniform Commercial Code Security Interests against any of the Property which will not be satisfied ou1 of the Sa l�s Price, unless securing payment of any loans assumed by Buyer and lb) as�umed loan(s) will be wi1hou1 default. If any representation in this contract is untrue on the Closing Date. this contract may be terminated by Buyer and the Eame,1 Money shall be refunded 10 Buyer. All representations contained in this contract shall survive closing. AGREEMENT OF PAR TIES: This contract contains the entire agreement of the parties and canrzy_r be change �w their wri11en agreement. Te xas Real fa1a1e Commission promulgated addenda which are a part of this contract arc (list): Ufj,€/1../.J.. 4.Ll/te 21.NOTICES: All notices shall be in writing and effective when delivered al the addresses shown below. 22. CONSULT YOUR A1TORNEY: The Broker cannot give you legal advice. This is intended 10 be a legally binding contract . READ IT CAREF ULLY. Federal law may impose certain duties upon Brokers or Signatori�s 10 this contract when any of the signatories is a foreign pany. or when any of the signatories receive� certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this contract, consult your a11orncy BEFORE signing. SELL ER'S A1TORNEY: _________________ _ EXECUTED in multiple originals effective the (p ;tJ. day of yvi C�. Buyer 2/26/91 Buyer Seller 482 Z5..64 Buyer·s Address JexaA. Phone No. Seller's Address Phone No. AGREEMENT BETWEEN BROKERS Listing Broker ag,17;)0 pay N //1. . Co-Broker. a fe e of ___ _,_ ______ ,of the total sales price when the Broker's fee described in Paragraph 8 is received. Escrow Agent is authorized and directed 10 pay Co-Broker from Listing Broker's fee at closing. -0-0 I JaNteJ.l 'R, eaJ.:t.!f -� 72-/Co-Broker By: Co-Broker's Address License No. Listing Br By J�Jk4L-f Phone No. Listing Broker's Address EARNEST MONEY RECEIPT License No.· Phone No. Receipt of$ ___________ Earnest Money is acknowledged in the form of ____________________________ _ Escrow Agent:. _______________________ _ By=--------�--- Date:--------------19 __ The form of this contract has been approved by the ·iexas Real Estate Commission. Such approval relates ·to this contract forrn only. No representation is made as to the legal validity or adequacy of any provision in any specific transaction. It is not suitable for complex transactions. Extensive riders or additions are not to be used. (02-85) TREC NO. 20-0. This form replace� TREC NOS. 1-1. 4-0 and 6-0. 009 INFORMATION FOR A PROSPECTIVE J{EAL ESTATE BUYER OR TENANT When working with a real estate broker in buying or leasing real estate, Texas law requires that you be informed of whom the broker is representing in the transaction. As a prospective buyer or tenant, you should know that: •Both the broker who lists property for sale or lease (the listing broker) and the broker who deals with a buyer or tenant (the "co­ brokcr" or "selling" broker) arc usually paid by the owner and arc the owner's agents. •Their duties, loyalties and faithfulness arc owed to the owner, and they must inform the owner of all impo11ant information they know which might affect the owner's decision concerning the sale or lease of the property. •While neither broker is your agent, the1 brokers can provide you with information about available properties and sources of financing and aid you in analyzing and comparing the physical and economic features of different properties, as well as l_• .. showing you the properties and assisting you in making an offer to purchase or lease. Both brokers are obligated by law to treat you honestly and fairly. They must: •Present all written offers to the owner promptly. •Disclose material facts about the property known to the broker. •Offer the prope11y without regard to race, color, religion, sex, handicap, familial status or national origin. If you choose to have a real estate broker represent you as your agent, you should enter into a written contract that: •Clearly establishes the obligations of both parties; and •Sets out how your agent will be paid and by whom. If you have any questions regarding the roles and responsibilities of real estate brokers, please ask. I certify that I have provided ___ _ /J Ju· I C j the Prospective Buyer or Tenant with acopy of this information . . ll Brokerage Company Name Broker or Sales Associate f,.,l,/11(0/UI r?r:, /0rJ/ Date I have received, read and understand this information. Prospective Buyer/Tenant or its representative Prospective Buyer/Tenant or its representative J , This form has been promulgated by the Texas Real Estate Commission for required use by Texas real estate licensees. (06-90). TREC Agency Disclosure Form 1-1. 029 Texas Real Estate Commission -Rules Relating to the Provisions of The Real Estate License Act §535.164 -Disclosure of Agency.(a)The Texas Real Estate Commissionadopts by reference Agency Disclosure Form,approved by the Texas Real Estate Commis­sion in 1988. This document is published byand available from the Texas Real EstateCommission, P. 0. Box 12188, Austin, Texas78711.(b)A real estate licensee dealing face-to-facewith a prospective buyer or tenant shall pro­vide the prospective buyer or tenant or itsrepresentative with a copy of Agency Disclo-1 sure Form signed by the licensee before thetime the first of the following events occur:a ( 1)discussing any position the pro­spective buyer or tenant may wish to _take in negotiating a contract to purchase, rent or lcase1a �pecific property, such as the amount or terms to be offered; (provided, however, that a real estate licensee may qualify a pro-spective buyer or tenant to a price raI1ge or generally discuss prices and financing prior to making disclosure in accordance with this section;) or, (2)preparing a written offer to pur­chase, rent or lease real property. (c)The licensee should retain a copy ofAgency Disclosure Form signed by the pro­spective buyer or tenant or its representativein order to demonstrate compliance with thissection.(d)This section does not apply to a realestate licensee who enters into a writtenagreement to represent a prospective buyer ortenant prior to the occurrence of either of thetwo preceding events or to a real estatelicensee acting as a principal and not as anagent or to residential leases for one year orless where no sale is contemplated.Ii ----------��-�---� ��----=-���-------:-• . .,.. .:, .-,. . ij:'i ,. ',. ·=-�� ... :"(.::-i.; ., •• !"' .............. .. .. •... •,.; .�•: .. :ill •,c:; / I• ,·i l1 os 0 ob C3 CO 14 ,°o � ,,Y\ o -y� °° of :•,o "' p 0 a o Z 'o O ; ► „ G° �tr O0 0sy r o rs 6 -b 0 el I 5 o O 9 oZ F e 1 f IV •'i p•1 G ( + . •1 - •`'i- �.r.� },� - ,1`'ice Y� i r t r eel, `• �h r:••, ' f_' / _ �`n+'� 'V IV 40 _ 91 1p � 6 •� e� 6� ro90 '0 e 2 c- 1A Cl 11, e y Y5y1°A .e p r ,,.r 41 Of rr a "vf eS •6,hg5h\ WSsr.ppro. �;L, � Q � , .60 14 Y" �tls•�''. ASS• �O 77 `�f_�O, �, _ it 6�3 \ �0 yam ' O. \• •^ r," +r . ' • TEXAS ASSOCIATION OF REALTORS � RESIDENTIAL LEASE AGREEMENT I.PARTIES. This Lease Agreement is between Janice DeBolt (Tenant(s)) and City of Friendswood (Landlord). whose address and phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unless otherwise indicated. 2.LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby lease� from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located at (mailing address), _____________ _Cowart Creek Apartments, 110 Shadwell #2 Friendswood, Texas Galveston County, Texas (zip) _..!.7..!.7....::-5�4!..:6"----------or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the1st day of April , 19�, and end.ing on the 3lSt day of_M_a_y�·-------- 19 91 . This Lease will be automatically renewed on ·a month-to-month basis unless written notice of termination is given bv either party at least 30 days before �e end of the above lease term or any renewal or extension period, or unless another lease is signed by both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by both parties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain in force subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At least thirty (30) days written notice of intent to vacate must be givento Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period. VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period; in other words, the last month's rent must be for a full month without any prorations. Failure to give th/. 30-day written move-out notice will subject Tenant to liability fo; further rentals, cost of reletting charge in the amount of $ n a (not toexceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or extension period, Landlord shall use diligence to reletand Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience,paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative andoffice overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidatedsum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals,future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waiveor diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant'sliability for future rentals. 5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)'_-=i-"0""'9--'w""'·i""'l=-l=-o=w=i=c .... k:..:�....._ ___________ Friendswood Texas, Zip 7 7 546 , or at such other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of $ ( 2mon t hs ) Apr i 1 & · May payable in advance and without demand in equal monthly payments of $ 17 5 • 00 on or before the 3rd day of each month and continuing thereafter until the total sum shall be paid. The prorated rent from the date of move-in to the first day of the following month is $ n/ a .The prorated portion is payable on the first day of the second month of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th · day of the month, Tenant agrees to pay a late charge of $ 10 • 0 0 , plus an additional late charge of $ 2 • 0 0 per day thereafter until the rental payment is paid in full. Tenant agrees to pay a$ 1 5 • 00 charge (not to exceed $15.00) for �ach returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be$ · per day (not exceeding $10.00 per day). Tenant's right to possession and Landlord's obligations are expressly contingent upon the prompt payment of rent, and the use of the Leased Premises by Tenant is obtained only on the condition that rent is paid in full on time: Landlord may require that all monthly payments be paid in one monthly check rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant, including late charges, charges for returned checks, and pet penalties, if any, then to rent, regardless of notations on the check. At Landlord's option, Landlord may at any time require that all rent and other sums be paid in cash, cashier's check, certified check or money order. 6.SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the execution of this Lease the sum of$ n/a as a security deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves as security for unpaid rent is a violation of V. T.C.A. Property Code §92. 108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this Lease. Tenant shall not be entitled to interest on the Depo�:t. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii)unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv)replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandonedproperty; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admittelephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stainsor holes, etc., in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and court costs incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by the parties hereto. Deposit will be first applied to non-rent items, including late charges. charges for returned checks, and pet penalties. if any. thento unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the Leased Premises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State law. Landlord shall provide Tenant a written description and itemized list of any deductions. The Landlord is not required to give the Tenant a description and itemized list of deductions if the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerning the amount of rent owed. If deductions exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten ( 10) days of written notice to Tenant by Landlord. 8.UTILITIES. Tenant shall pay for electricity, gas, water, wastewater, garbage, telephone, and cable TV for the Leased Premises unlessotherwise indicated in Paragraph 32 below. Utilities shall be used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults and children residing therein not to exceed-------· Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (i) the conduct of any offensive, noisy, or dangerous activity; (ii) repair of any vehicle; (iii) the conduct of any business of anytype. including child care; (iv) the conduct of any activity which violates any applicable deed, homeowners or subdivision restrictions; Initials or Tenanl(s) __ (T AR-024) 3/90 Initials o( Landlord or l.3ndlord's R�prt"SCntatin __ PAGE I of 5 or (v) any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other persons near the Leased Premises. Tenant shall not permit more than two vehicles (including but not limited to automobiles. trucks� recreational vehicles. trailers. motorcycles and boats) on the Leased Premises unless authorized by Landlord in writing. Non-operative vehicles shall not be stored on the Leased Premises or on the street in front of or adjacent to the Leased Premises. Any of Tenant's vehicles which are deemed inoperable may be towed by Landlord or Landlord's Representative at Tenant's expense. The Leased Premises which are reserved for Tenant's private use shall be kept clean and sanitary by Tenant. Garbage shall be disposed of only in appropriate receptacles. Tenant shall be liable to Landlord for damages caused by Tenant. Tenant's guests. or occupants. Guests may not stay in the Leased Premises longer than ten (10) consecutive days without Landlord's written permission. If provided, Landlord's written Rules and Regulations are hereby made a part of this Lease, and violation of the Rules and Regulations by Tenant, Tenant's gucsis or other occupants of the Leased Premises shall be deemed a violation of this Lease .. Landlord's Rules and Regulations include those imposed by either a condominium association or multi-tenant complex. 10.RESPONSIBILITY FOR CONDITION OF LEASED PREMISES. Tenant has thoroughly inspected and accepts the Leased Premises as is except for conditions materially affecting the health or safety of ordinary persons, and Landlord has made no implied warranties as to the condition of the Leased Premises and no agreements have been made regarding future repairs unless specified in this Lease. A Move-In Inventory and Condition Form will be provided to Tenant on or before move-in. The Move-In Inventory and Condition Form is to report the condition of the Leased Premises and is not a request for maintenance or repairs. Within 48 hours after move-in.Tenant shall note any defects or damages to the Leased Premises on the form and deliver or mail said form to Landlord; failure ofTenant to return form to Landlord shall be deemed as Tenant's acceptance of the Leased Premises to be in clean and good condition.Landlord has provided locks an::! smoke detectors as required by iaw. Tenant has inspected the existing locks and latches and agreesthat they are safe and acceptable, subject to Landlord's duty to make needed repairs of same upon written request of Tenant. Anyadditional locks or smoke detectors desired by Tenant may be installed at Tenant's expense only after written approval from Landlord.When installed, any additional items shall become the property of Landlord. Tenant shall use reasonable diligence in the care of the Leased Premises and shall be responsible for: (i) costs of plumbing stoppages and damages from same caused by foreign or improper objects and not.caused by Landlord's negligence in lines exclusively serving the Tenant's dwelling: (ii) damages to doors, windows. or screens not caused.by Landlord's negligence; (fil)'damages from.windows or doors left open: (iv) supplying and changing heating and air conditioning filters at monthly intervals; (v) supplying and replacing light bulbs and smoke detector batteries: (vi) maintaining and watering the yard, including shrubbery; any replacement due to Tenant's neglect in watering or maintenance shall be at Tenant's expense; any alteration of existing landscape must have written approval of Landlord; (vii) prompt removal of trash from the Leased Premises; (viii) eliminating any condition that may be dangerous to health and safety; (ix) cost of pest control except for wood destroying insects; (x) taking precautions to preclude broken water pipes due to freezing: (xi) lost or misplaced keys: (xii) damages resulting from Tenant's failure to promptly notify Landlord of needed repairs; and (xiii) maintenance of the following in good working order at Tenant's expense: Landlord not responsible for repairs during this 2 month term of lease. Tenant shall NOT: (i) make any repairs or alterations to the Leased Premises without written permission from Landlord; (ii) remove any part of the Leased Premises or Landlord's property for any purpose; (iii) remove, change, or re-key any lock without permission of Landlord; (iv) make holes in the wooawork, floors or walls except that a reasonable number of small nails may be used to hang pictures in sheetrock walls and grooves of paneling; (v) permit any water furniture in the Leased Premises without written permission of Landlord; (vi) install r.ew or additional telephone or cable outlets without permission of La.'ldlord; or (vii) re;,Iace, remove er shampoo carpet, paint or wallpaper without written permission of Landlord. Tenant agrees to surrender the Leased Premises at the end of the term of this Lease and any extension or renewal thereof in the same condition as when received, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness, accident or abuse. 11.LIABILITY. Landlord or Landlord's Representatives shall not be liable to Tenant, Tenant's guests, or other occupants, for any damages,injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruptionof utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Leased Premises, or other occurrences orcasualty losses unless such damage or injury is caused by the gross negligence of Landlord or Landlord's Representatives. Tenantagrees to notify Landlord immediately of any dangerous or potentially dangerous conditions on or about the Leased Premises. Landlord strongly ·recommends that Tenant secure his own insurance coverage for protection against such liabilities and losses. If Landlord, Landlord's Representatives, agents or employees are requested to render services not contemplated in this Lease, Tenant agrees tohold harmless Landlord and the others named above from all liability in connection with such services. 12.LANDLORD'S RESPONSIBILITY FOR REPAIRS. All requests by Tenant for repairs to be made by Landlord must be directed to Landlord or Landlord's Representatives in writing except those caused by fire, interruption of utilities or such other emergency. LANDLORD'S DEFINmON OF EMERGENCIES: Problems that Landlord is liable for and materially affect the health or safety of an ordinary Tenant. An emergency is not a condition that merely causes inconvenience or discomfort to a Tenant. The Landlord does not have a duty to repair or remedy a condition caused during the term of this Lease by the Tenant, a lawful occupant in theTenant's dwelling, a member of the Tenant's family, or a guest of the Tenant unless the condition was caused by normal wear andtear. Landlord shall have the right to temporarily discontinue utilities and the use of any fixtures or appliances by Tenant if the interruptionresults from bona fide repairs, construction, or an emergency. Landlord shall act with due diligence but shall not be obligated to makerepairs on other than a business day except in the event of an emergency. No deductions shall be allowed in the rent during reasonableperiods of repair to the Leased Premises and this Lease shall remain in full force. If, in the opinion of Landlord, the Leased Premisesare substantially damaged by fire or other casualty loss, Landlord may terminate this Lease upon reasonable notice to Tenant. In thisevent, the rent shall be prorated to the date of termination and Deposit(s) refunded less lawful deductions. 13.REIMBURSEMENT. Tenant shall promptly reimburse Landlord for any loss, property damage, or cost of repairs or servi�e to thedwelling caused by negligence or by improper use by Tenant, Tenant's guests, or other occupants unless repairs have been properlymade by Tenant pursuant to requirements or permission set forth in this Lease. Such reimbursement is due when Landlord makes demand. Landlord's failure or delay in demanding damage reimbursement, late payment charges, returned check charges, or other sums due by Tenant shall not be deemed a waiver and Landlord may require payment of same at any time, including deductions from Deposit. Landlord may require advance payment of repairs for which Tenant is liable. 14.LANDLORD ACCESS. Landlord, Landlord's Representatives and other persons specifically authorized by either of them may enterthe Leased Premises by reasonable means at reasonable times without notice to: (i) inspect the Leased Premises; (ii) make repairs:(iii)show the Leased Premises to prospective Tenants or purchasers, governmental inspectors, tire marshals, lenders, appraisers, insuranceagents; and (iv) exercise a contractual lien. 15. DEFAULT BY TENANT. If Tenant fails to pay rent or other -lawful charges when due or if Tenant fails to reimburse Landlordfor damages, repairs, or other costs when due as provided in this Lease, or if Tenant abandons the Leased Premises, or if Tenant.Tenant's guests or other occupants violate this Lease or Landlord's Rules and Regulations (if provided) or applicable state or locallaws, Landlord or Landlord's Representative may terminate Tenant's right of occupancy by giving Tenant three (3) days' notice to vacate in writing; except however, notice may be by mail or personal delivery to Tenant or left in a conspicuous place inside theLeased Premises. Such termination does not release Tenant from.liability for future rentals. Landlord's acceptance of rent or other sums due after Landlord gives Tenant notice to vacate or after L.andlord tiles eviction suit shall not diminish Landlord· s right of eviction and shall not waive Landlord's right of property damage, past or future rent. or other sums due. If Landlord prevails in any suit for eviction, unpaid rentals, charges or damages, Tenant shall be liable for Landlord's administrative cost_S, court costS lnlllals or Ttnanl(s) __ (T AR-024) 3/90 Initials of Landlord or Landlord's Representative __ PAGE 2 of 5 - and reasonable attorney's fees and all amounts shall bear 10% interest from due date. If Tenant's rent is delinquent, Landlord shall not be obligated to continue utilities which are furnished and paid for by Landlord. Landlord may report unpaid rentals or unpaid damages to the local credit bureau for permanent recordation in Tenant's credit record. 16.TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO REPAIR OR REMEDY A CONDITION. Where Landlord has a duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant, Tenant may terminate this Lease, withhold rent, offset rent against needed repairs, or pursue judicial remedies only when the following procedures are followed: (I)the Tenant has given Landlord prior written notice to repair or remedy a condition which materially affects the physical health or safety of an ordinary tenant; (2) the Landlord has had a reasonable time to repair or remedy the condition, considering the nature of the problem and the reasonable availability of materials, labor, and utilities from a utility company; (3) the Landlord has not made · a diligent effort to repair or remedy the condition; (4) the Tenant has giv' n subsequent written notice to Landlord stating that Tenant intends to terminate the lease, exercise repair and deduct remedies. or i;ursue judicial remedies; and (5) the Tenant is not delinquent in the payment of rent when the notices were given. 17. ACCELERATION. If, in violation hereof, Tenant or Tenant's agent giv�s notice of intent to move out more than thirty (30) days prior to the end of the lease term or renewal or extension period, or if Tenant moves out or removes property from the Leased Premises in contemplation of moving therefrom prior to the end of the lease term or renewal or extension period, or if Tenant is evicted by court order, then all monthly rentals which are payable during the remainder of the lease term or renewal or extension period shall be accelerated without notice or demand and shall be immediately due and payable. Such right of acceleration is in lieu of having rentals for the entire lease term payable at"the beginning of the Lease. 18.HOLDOVER. If Tenant fail§ to v�£ate on or before the required move-011t date (i.e.,_, the end of tl!_e lease term . or renewal or extension period after proper move-out or vacate notice has·been given under Paragraph 4, or a different move-out date agreed to by the parties in writing), Tenant shall be liable to pay rent for the holdover period and to indemnify Landlord and/or prospective tenants for damages . (including lost rentals, lodging expenses, and attorney's fees); and at Landlord's option, Landlord may extend the lease term for up to one month from the date of notice of lease extension date by delivering written notice to Tenant or Tenant's dwelling while Tenant is still holding over. Rent for any holdover period shall be immediately due and payable on a daily basis and delinquent without notice or demand. Tenant understands and acknowledges that Tenant will be considered in possession of Leased Premises and liable for payment of rent for the holdover period until all keys to the Leased Premises are returned to Landlord and all personal property is removed. 19.CONTRACTUAL LIEN. To secure payment of delinquent rent under this Lease. all personal property on the Leased Premises and property that Tenant has stored in any storage room (except the property exempted by statute) is hereby subject to a contractual landlord's lien. This contractual lien is in addition to the statutory landlord's lien provided by Section 54.041 of the Property Code. In order to exercise contractual lien rights, Landlord or Landlord's Representative may peacefully enter the Leased Premises (and any storage facilities) and remove and store all property therein, except property exempt by statute; immediately after seizing non-exempt property, the Landlord or Landlord's Representative shall leave in a conspicuous place within the dwelling, written notice of entry and an itemized list of the items removed. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the Tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent. Landlord is entitled to collect a charge for packing, removing, and/or storing property seized. If Tenant has abandoned the premises, or has been evicted by judicial process, Landlord or Landlord's Representative, may peacefully enter, remove, and store all property still rernaining on or in the Leased Premises. There shall be no sale or disposition of any of the foregoing property except pursuant to this Lease. Landlord may sell such property at a public or private sale (subject to any recorded chattel mortgage or financing statement) after thirty (30) days' written notice of time and place of sale is sent to Tenant by both first class mail and certified mail, return receipt requested, at Tenant's last known address. The notice must contain: (1) the date, time and place of the sale; (2) an itemized account of the amount owed by the Tenant to the Landlord; and (3) the name, address and telephone number of the person the Tenant may contact regarding the sale, the amount owed, and the right of the Tenant to redeem the property at any time before the property is sold by paying to the Landlord or the Landlord's Representative all delinquent rents and reasonable packing, moving, and storage costs. The sale of the non-exempt property shall be to the highest cash bidder with proceeds applied first to delinquent rents, packing, moving, st9rage and sale costs. Surplus proceeds, if any, shall be mailed to Tenant at Tenant's last known address not later than the 30th day after the date of sale. Landlord shall provide Tenant with an accounting of all proceeds of the sale not later than the 30th day after the date on which Tenant makes a written request for the accounting. It is agreed that none of the above procedures shall necessitate prior court hearing or subject Landlord to any liability. Tenant hereby specifically waives any right he/she may have for a due process hearing prior to the removal of property. 20.CLEANING. The Leased Premises, inclucjing bathrooms, furniture, and appliances, must be cleaned thoroughly. If Tenant fails to clean in accordance with the above, reasonable charges to complete such cleaning shall be deducted from the Deposit including but not limited to charges for cleaning carpets, draperies. furniture, walls, etc. 21.PETS. Tenant shall not permit any pet on the Leased Premises:cven iemporarily, unless otherwise agreed to by Landlord in writing. 22.FAILURE TO PAY FIRST MONTH'S RENT. All future rent shall be accelerated and immediately due and payable if Tenant fails to pay the first month ·s rent by the first day of the first rental period under this Lease. In such event, Landlord may terminate Tenant's right of occupancy and sue for damages, future rentals, attorney's fees, court costs and other lawful charges. 23.RENT INCREASES. No rent increases shall be allowed during the lease term. At least thirty (30) days prior written notice is-required for any rent increase. If such notice of rent increase is given to Tenant, this Lease shall automatically continue on a month-to-month basis at the increased rental rate beginning on the effective date of rental increase. 24.ASSIGNMENT AND SUBLETTING AND BINDING NATURE. Tenant shall not assign this Lease nor sublet the Leased Premises or any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consent of Landlord shall be void and shall. at the option of Landlord, terminate this Lease. This Lease shall be binding upon and inure to the benefit of the parties to this Lease and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 25.SUBORDINATION OF LEASE. This Lease and Tenant's leasehold interest under this Lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now or hereafter placed on the Leased Premises by Landlord, to all advances made under any such lien or encumbrance, to the interest payable on any such lien or encumbrance, and to any and all renewals and extensions of any such lien or encumbrances. 26.MILITARY. If Tenant is or becomes a member of the Armed Forces on extended active duty and receives permanent change of station (PCS) orders to leave the County in which the Leased Premises is located, or is relieved from such active duty, then Tenant may terminate the Lease by giving thirty (30) days written notice. with a certified copy of the military orders attached, provided Tenant is not otherwise in default. (Military orders authorizing base housing do not constitute grounds for-termination unless specially waived.) 27.SIGNS. During the last N/ A days of this Lease, a "For Sale" sign and/or a "For Lease" sign may be displayed on the Leased Premises. 28.BROKER'S FEE. Landlord acknowledges · N / A to be the Listing Broker. Landlord agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Landlord. 29.TIME OF ESSENCE. Time is expressly declared to be of the essence in this Lease. 30.GENERAL. No oral agreements have been entered into and this Lease shall not be modified unless by written addendum. This is the entire agreement. IN THE EVENT OF MORE THAN ONE TENANT, EACH TENANT IS JOINTLY AND SEVERALLY LIABLE FOR EACH PROVISION OF THIS LEASE. Any act or notice o·f or to. or refund to, or the signature of, any one or more of the Tenants, in relation to the renewal or termination of this Lease. or with respect to any of the terms of this Lease shall be fully binding on all of the persons executing this Lease as Tenants. Each of the undersigned states that he/she is of legal age to enter into a binding contract for lodging. This Lease shall be construed under and in accordance with the laws of the State of Texas and all obligations hereunder are to be performed in the county in which the Leased Premises are located. In any lawsuit involving contractual or statutory obligations of Landlord or Tenant and originating in justice. county. or district court. the prevailing party shall be entitled to recover attorney's fees and all other costs of litiga,tion from the nonprevailing party. All amounts in any lawsuit judgment shall "bear 10% lniti3ls or Tenant(s) __ (TAR-02�) 3/90 Initials of Landlord or Undlord\ Represent:1ti\'C __ PAGE 3 or 5 interest from due date. Unless otherwise stated in this Lease, all 1sums owed by Tenant are due on demand. Landlord's past delay, waiver. or nonenforcement of acceleration, contractual lien, rental due date, or any other right, shall not be deemed to be a waiver of any other breach by Tenant of any other term, condition. or covenant contained in this Lease. This Lease is binding on subsequent owners of the Leased Premises. Any clause in this Lease or addendum, if any, declared invalid by law shall not terminate or invalidate the remainder of this Lease. 31.RELATED DOCUMENTS. Incorporated into this Lease are the following documents (if checked):_X __ Tenant's Application for Rental ___ Pet AgreementN / A Texas Real Estate Commission Agency Disclosure Form _X __ Move-In Inventory and Condition Form[for leases in excess of twelve (12) months] _x __ Landlord's Rules and Regulations All Tenant's statements in Tenant's Application for Rental are material representations relied upon by Landlord or Landlord'sRepresentative. Any misrepresentation shall constitute a breach of this Lease and Landlord may terminate same. 32.SPECIAL PROVISIONS. The following special provisions and any addenda or attachments shall control over any conflicting provisionsof this printed lease form. Tenant agrees to vacate said property on or before the 31st of May, 1991. 33.CONDEMNATION: If during the term of this Lease or any extension or renewal of this Lease, all of the Leased Premises are takenfor any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or are soldto the condemning authority under threat of condemnation, this Lease will terminate, and the rent will be abated during the unexpiredportion of this Lease, effective as of the date of the taking of the premises by the condemning authority. If less than all of the LeasedPremises are taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminentdomain, or are sold to the condemning authority under threat of condemnation, Landlord may, at Landlord's sole option, either terminatethis Lease or restore and reconstruct the building and other improvements situated on the Leased Premises at Landlord's own expense,provided that restoration and reconstruction will make the Leased Premises reasonably tenantable and suitable for use as a residence.If Landlord does not terminate this Lease but instead restores and reconstructs the building and other improvements situated on theLeased Premises, then the rent payable during the unexpired portion of this Lease will be adjusted equitably.THIS LEASE AGREEMENT and any addendum hereto has been executed in multiple copies, one for Tenant and one or morefor Landlord.THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PARTOF THIS AGREEMENT, SEEK COMPETENT LEGAL ADVICE. TENANT or T 0/? -.., Date: Q W� /7'9/ (. LANDLORD OR LANDLORD'S REPRESENTATIVE Ci t_y of Friendswood 109 Willowick Friendsw·ood, Texas 77546 Mayor Paul w. Schrader Address and Phone of Landlord or Landlord's Representative: Phone: ( 21 � ) 9 q 7 -9_ q VI City· of Friendswood (Finance Dept ) 109 Willowick Friendswood, Texas 77546 Date: ____________________ _ AGREEMENT BETWEEN BROKERS Listing broker agrees to pay N/ A , Co-Broker, a fee of$ _______ or _______ % of the gross rent when the Broker's fee described in Paragraph 28 is received. In the event this Lease is extended or renewed, Listing Broker agrees to pay Co-Broker an additional fee of$ N /A or N /A % of the total rent for such extension or renewal period when Listing Broker receives said additional fee from Landlord as specified by separate agreement between Listing Broker and Landlord. In the event Landlord sells, exchanges or otherwise transfers a legal or equitable interest (excluding a lease or rental) to the Leased Premises to Tenant during the term of the Lease, including any renewal or extension thereof, or within N / A days after tennination of the Lease, whkhever occurs later, Listing Broker agrees to pay Co-Broker a fee of $ NI A oi NI A % of the sales price or exchange value of the Leased Premises when Listing Broker receives the fee for such sale, exchange or transfer from Landlord as specified by separate agreement between Listing Broker and Landlord. Co-Broker License No. Listing Bro_ker License No. By: By: Co-Broker's Address Listing Broker's Address Telephone Number Telephone Number (NOTE: This form is furnished by the Texas Association of REALTORS for the convenience of its members.) Initials or Ttnanc(s) __ (T AR-024) 3/90 Initials or Landlord or Landlord's Representative __ PAGE 4 or 5 >log Wo o wdIle 6 � '� Cc) IZJI © 0 ., :�'---...... I ,,-..,.....,---------- �i.__ LEGEND ',-- CIAL FLOOD HAZARD AREAS INUNDATED 1illaW 100-YEAR FLOOD ONE A No base flood elevations determined. - ·-�ONE AE Base flood elevations determined. ZON�· AH ZONE AO ZONE A99 ZONEV ZONE VE Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined, Flood depths of 1 to 3 feet (usually sheet . flow on sloping terrain); average depths determined. For areas of alluvial fan flood• ing, velocities also determined. To be protected from 100-year flood by Federal flood protection system under construction; no base elevations determined. Coastal flood with velocity hazard (wave action); no base flood elevations deter­ mined. Coastal flood with velocity hazard (wave action); base flood elevations determined. FLOODWAY AREAS IN ZONE AE OTHER FLOOD AREAS ZONEX Areas of 500-year flood; areas of 100-year flood with -average depthsof less than 1 foot or with drainageareas less than 1 square mile; and areas protected by levees from 1 00-year flood. OTHER AREAS ZONE X Areas determined to be outside 500· year flood plain. ==-.... 3 @ I ZONE 0 Areas in which flood hazards are undetermined. ZONEX ZONEX ' ,0 r� � '� � llP�r� 8 ..:..__..,,,f ..... � ... ...-..:.,, , I . . . . t . . . ... ---513--- ©------@ (EL 987) RM7x •M1.5 Flood Boundary Floodway Boundary Zone D Boundary Boundary Dividing Special Flood Hazard Zones, and Boundary Dividing Areas of Different Coastal Base Flood Elevations Within Special Flood Hazard Zones. Base Flood Elevation Line; Ele­vation in Feet* Cross Section Line Base Flood Elevation in Feet Where Uniform Within Zone* Elevation Reference Mark River Mil e *Referenced to the National Geodetic Vertical Datum of 1929 ' 4,...,,, •• ,� ;, ..,,,,imri�?,�,��"" """"'"""""""�, � J J do<>s not necessarily identify all areas subject to flooding, particularily from local drainage sources of small size, or all planimetric features olJ!Side specialflood hazard areas. The coastal flooding elevations shown may differsignificantly from those developed by the National Weather Service for hu :_Ticane evacuation planning. Ceiain areas not in Special Flood Hazard Areas may be protected by flo,>d control structures. Boundaries of the floodways were computed at cross sections and in1erpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the Federal Emrrgency Management Agency. Floodway widths in some areas may be too narrow to show to scale. Floodway widths are prmAided in the Flood Insurance Study Report. Ele.ation reference marks are described in the Flood Insurance Study Report. Coistal base flood elevations apply only landward of 0.0 NGVD. Co,Jstal base flood elevations shown on this map include the effects of wave action. MAP REPOSITORY Put-lie Works Building, 1306 Deepwood Drive, Friendswood, Texas 77546 (Maps available for reference only, not for distribution). INITIAL IDENTIFICATION: MARCH 3, 1972 FLOOD HAZARD 80UNDARY MAP REVISIONS: NONE FLOOD INSURANCE RATE MAP EFFECTIVE: MARCH 3, 1972 FLOOD INSURANCE RATE MAP REVISIONS: Juli 1, 1974 -to change zone designations. December 19. 1975 -to reflect curvilinear flood boundary and to add - spe:ial flood hazard areas. ZONEX -.MAR 28 '91 03: 16PM AT&T FAX 9015PF MEMO TO TEXAS FIDELTY TITLE COM"P.1\1\"Y from CITY OF FRIENDSWOOD Reference: GF9100177 -Part of Lot 2, Block 6, Friendswood, a �ubdivision of part of Sarah �cKissick or J. R. Williams League, GalvestonCounty, Texas. After closing the above referenc.ed transaction, we, the CITY OF FRIENDSWOOD instructed TF.XAS FIDELITY TITLE COMPANY to hold recording of the WARRANTY DEED from Richard M. Conway and wife, Jean E. Conway; and Lorna DaJcy Zeitler-, Indiv�ally and as Independent Executrix of the Estate of Edward O.Zeitler, Dec.eased; and George A. Nixon, as Trustee to Edward O. Zeitler Trust to CITY OF FRIENDSWOOD until such time as matters affecting this conveyance to the City of Friendswood could be cleared. Since we have required the Deed not be ·recorded, we, therefore, HOLD HAID"LESS AND INDEMNIFY TEXAS FIDELITY TlTLE COMPANY and ABBIE J. MARKUM, ESCROW OFFICER, of any matters which might affect Fee Simple Title to City of Friendswnod arising after March 22, 1991. Should �ny matters arise CITY OF FRTF.NDSWOOD will be responsible of curing said matters. Ci ty of FTiendswood By: and have notarized "' o/ /�·, 0 Alo� f\J uJ O, � ��:lo? P.l/1 ... -... ... � �- I'\'} d -d � � V\ 1 l I ( i ! I \ (YJ .SI, s \ \' \ \ ·, \f I .. ·\ \' 3Sh/V c+ Q ".? '-.:1 -f � � {£1 <t C\.l ::r j cV- Parks & Recreation Board Recommendations The Parks and Recreation Board met on January 10 to consider a number of items, one of which was to recommend the purchase of property adjacent to St evenson Park. This property is located on the south side of Shadwell Lane between that street and Cowart's Creek. The property now has some duplexes on it, only one of which is occupied. They are in disrepair and the property has been for sale for some time. The recommended purchase price is $67,000 and the Parks Board is recommending the purchase of that property to be used as a parking facility for Stevenson Park. In addition, the property borders the back of Arena Park and the overall park design could be such that a foot bridge or other amenities could be built to connect the two parks. The Parks Board is also recommending the reconstruction of Shadwell Lane. Melvin has indicated that every year we redo the street with a chip and seal, but it quickly falls into disrepair. The estimated cost to reconstruct Shadwell Lane is $126,500. I am attaching a copy of the unapproved minutes of the January 10 meeting and approved minutes of the November 1 meeting. Attachments 1.Unapproved minutes of January 10, 1991, P&R Board meeting. 2.Approved minutes of November 1, 1990, P&R Board meeting. CMR9101.3D/TXTKSN02 AGENDA ITEM City Council Oal8:��----,,-----_,..--Approved Denied ------ PARKS BOARD MEETING MINUTES The Parks and Recreation Board met January 10, 1991 at City Hall. The following members were present� Penelope Burke David Gottula Jim Harrell Mel Measeles Linda Prentice Jon R. Branson, Parks and Recreation Director Richard Prentice -Sub Committee Member The meeting was called to order at 7:10 P.M. 1.The Board discussed ideas for a Spring Bicycle Ramble. Mr.Prentice stated that he and his wife have been promoting the ideaof a midnight bicycle ramble and most people seemed enthusiastic about the idea. Mr. Prentice stated that he would expect 150 to 200 people toattend. Mr. Prentice stated that he attended a similar event in Houston and the majority of the participants were cycling were fun. Mrs. Burke stated that the board should see if Friendswood High School student government students would be willing to help withthe event. Mrs. Burke suggested that we send registration forms to all formerCanoe Safari participants. Mr. Measeles suggested that the Board place flyers at schools,banks, grocery stores and local businesses. Mrs. Burke stated that Chuck Talbot would supply coffee and donutsafter the Ramble. Mr. Measeles suggested a 10 to 15 mile course. Mrs. Burke suggested that the board see if Russell Plank would beinterested in sponsoring the event. The Parks Board decided to hold the event on March 23, 1991 with a March 30, 1991 rain date. Entry fee would be $10.00 for adults,$5.00 for children 17 and under and $25.00 for a family of 3 ormore. The event will be call the 1991 Friendswood Bicycle Ramble. TheCity Parks Department will coordinate the event and will need to provide food (Lions Club), water, sound system, stage, and solicitfor volunteers. UNAPPROVED ------- Page 2, Parks Board Meeting 1/10/91 All proceeds from the event will be directed towards the Stevenson Park Master Plan. 2.The Board agreed to discuss the paving of Shadwell Lane at theFebruary 4th council meeting. Design plans were submitted to the city by Coenco Company of Alvin in 1987. Jon Branson has requested a copy of the design from Coenco to calculate cost estimates. (See agenda Item #2, November 1, 1990 meeting). 3.The board agreed to discuss the purchase of 2.3 acres of property adjacent to Stevenson Park at the February 4th council meeting. The property is located on the south side of Shadwell Lane and is desperately needed for additional parking. The asking price is $67,000. (See agenda Item #2, November 1, 1990 meeting). 4.Galveston County Beach and Park Board will be in Friendswood on Tuesday, January 15, 1991 at Stevenson Park to entertain inputfrom Park Board members regarding the Stevenson Park Master Plan. All board members are encouraged to offer their input. Adjournment Agenda Items for 2/4/91 meeting. 1.Mandatory Park Ordinance 2.Tree Ordinance 3.Consideration of Alternate Board Members 4.Bofysil Park UNAPPROVED ·-=-.:::--------- PARKS BOARD MEETING MINUTES The Parks and Recreation Board met November 1, 1990 at City Hall, the following members were present. Penelope Burke Karen Elza David Gottula Jim Harrell Mel Measeles Linda Prentice Melba Quinones Jon R. Branson, Parks and Recreation Director Richard Prentice, guest 1.The Parks and Recreation met jointly with the Planning and ZoningCommittee (P&Z); the P&Z would like to incorporate their City Master Plan with a Parks and Recreation Master Plan; include items such as regional parks and mandatory park ordinances. 2.Penelope informed the board of 2.3 acres adjacent to Stevenson Park that is for sale. The board discussed land acquisition for Stevenson Park and believed this would be a rare opportunity. The asking price is $67,000. Melba made a motion to have the City purchase this property. Linda seconded the motion and the motion passed unanimously The board discussed paving Shadwell Drive leading into Stevenson Park. Melba made a motion with Lindas second to have the city and county jointly pave Shadwell Drive. The motion passed unanimously. 3.Jon stated the current agreement between Friendswood Soccer Association and the City of Friendswood for field scheduling at Renwick Park and Westwood Elementary Soccer Fields. The City of Friendswood gave the Soccer Association the responsibility to scheduling league and practice times as needed. Karen felt that this agreement hurt groups such as the YMCA, who have no place to practice due to number of children in Friendswood Soccer Association and lack of field space available. Jon discussed the availability of Renwick Parks multipurpose field, and said he would work with the YMCA Director to schedule practice times. 4.The board discussed the possibility of sponsoring a midnight bicycle ramble. Penelope suggested that the city provide a spring and fall event. A Midnight Bicycle Ramble in the spring and the Canoe Safari in the fall. The board concurred on this idea. Page 2 Parks Board Meeting 11/1/90 Linda made a motion with Karens second to have a spring midnight ramble. The board approved the motion with 1 abstention, (David Gottula) . Melvin Measeles and Richard Prentice will investigate a March or April event and report back at the next meeting. In other business, the board stated that they would like to see Lake Windimere "sand pit" and look at its possibilities for a regional park. December Agenda Bofysil Park - Frank Frankovich Bike Rally Briar Meadow Park space ballot Stevenson Park Master Plan Site Drawing Mandatory Park Ordinance COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES Report from Penny Burke on Shadwell Lane Reconstruction Penn y Burke, Chairman of the Parks & Recreation Board, is planning to be present to discuss two issues. One issue is the purchase of property across the road from Stevenson Park. At the Mayor's direction, we have placed this item on the Executive Session agenda for your discussion with them in that setting. We will have a report for you in greater detail than wh at we had at the last Council meeting to give to you in Executive Session on the property. Secondly, Penny does want to report to you their recommendations with regard to resurfacing Shadwell Lane. I must confess that I had a communication problem and misunderstood the intent of the Parks & Recreation Board with regard to the last meeting. They were not prepared to make a report to you at that meeting and intended all along to be at the February 4 meeting. That's my mistake and I apologize for having that item on the agenda last time and there not being adequate preparation. Attachment: 1.Minutes of Parks and Recreation Board meeting CMR9102.1D Communications P/C AGENDA ITEM Denied .... --� ,.,_ - �· PARKS BOARD MEETING MINUTES �a January 21, 1991 Febl:'uary 4, 1991 The Parks and Recreation Board met January 10, 1991 at City Hall. The following members were present� Penelope Burke David Gottula Jim Harrell Mel Measeles Linda Prentice Jon R. Branson, Parks and Recreation Director Richard Prentice -Sub Committee Member The meeting was called to order at 7:10 P.M. 1.The Board discussed ideas for a Spring Bicycle Ramble. Mr. Prentice stated that he and his wife have been promoting the idea of a midnight bicycle ramble and most people seemed enthusiastic about the idea. Mr. Prentice stated that he would expect 150 to 200 people toattend. Mr. Prent ice stated that he attended a similar event in Houston and the majority of the participants were cycling were fun. Mrs. Burke stated that the board should see if Friendswood High School student government students would be willing to help with the event. Mrs. Burke suggested that we send registration forms to all former Canoe Safari participants. Mr. Measeles suggested that the Board place flyers at schools, banks, grocery stores and local businesses. Mrs. Burke stated that Chuck Talbot would supply coffee and donuts after the Ramble. Mr. Measeles sugg ested a 10 to 15 mile course. Mrs. Burke suggested that the board see if Russell Plank would be interested in sponsoring the event. The Parks Board decided to hold the event on March 23, 1991 with a March 30, 1991 rain date. Entry fee would be $10.00 for adults, $5.00 for children 17 and under and $25.00 for a family of 3 or more. The event will be call the 1991 Friendswood Bicycle Ramble. The City Parks Department will coordinate the event and will need to provide food (Lions Club), water, sound system, stage, and solicit for volunteers. UNAPPR;OViOO ------------------------------------------------- - ------- Page 2, Parks Board Meeting 1/10/91 All proceeds from the event will be directed towards the Stevenson Park Master Plan. 2.The Board agreed to discuss the paving of Shadwell Lane at the February 4th council meeting. Design plans were submitted to the city by Coenco Company of Alvin in 1987. Jon Branson has requested a copy of the design from Coenco to calculate costestimates. (See agenda Item #2, November 1, 1990 meeting). 3.The board agreed to discuss the purchase of 2.3 acres of property adjacent to Stevenson Park at the February 4th council meeting. The property is located on the south side of Shadwell Lane and is desperately needed for additional parking. The asking price is $67,000. (See agenda Item #2, November 1, 1990 meeting). 4.Galveston County Beach and Park Board will be in Friendswood on Tuesday, January 15, 1991 at Stevenson Park to entertain inputfrom Park Board members regarding the Stevenson Park Master Plan. All board members are encouraged to offer their input. Adjournment Agenda Items for 2/4/91 meeting. 1.Mandatory Park Ordinance 2.Tree Ordinance 3.Consideratior. of Alternate Board Members 4.Bofysil Park UN_APPROVED ..__, PARKS BOARD MEETING MINUTES The Parks and Recreation Board met November 1, 1990 at City Hall, the following members were present. Penelope Burke Karen Elza David Gottula Jim Harrell Mel Measeles Linda Prentice Melba Quinones Jon R. Branson, Parks and Recreation Director Richard Prentice, guest 1. 2 • The Parks and Recreation met jointly with the Planning and Zoning Committee (P&Z); the P&Z would like to incorporate their City Master Plan with a Parks and Recreation Master Plan; include items such as regional parks and mandatory park ordinances. Penelope informed the board of 2.3 acres adjacent to Stevenson Park that is for sale. The board discussed land acquisition for Stevenson Park and believed this would be a rare opportunity. The asking price is $67,000. Melba made a motion to have the City purchase this property. Li nda seconded the motion and the motion passed unanimously The board discussed paving Shadwell Drive leading into Stevenson Park. Melba made a motion with Lindas second to have the city and county jointly pave Shadwell Drive. The motion passed unanimously. 3.Jon stated the current agreement between Friendswood Soccer Association and the City of Friendswood for field scheduling at Renwick Park and Westwood Elementary Soccer Fields. The City of Friendswood gave the Soccer Association the responsibility toscheduling league and practice times as needed. Karen felt that this agreement hurt groups such as the YMCA, who have no place to practice due to number of children in Friendswood Soccer Association and lack of field space available. Jon discussed the availability of Renwick Parks mul tipurpose field, and said he would work with the YMCA Director to schedule practice times. 4.The board discussed the possibility of sponsoring a midnight . bicycle ramble. Penelope suggested that the city provide a spring and fall event. A Midnight Bicycle Ramble in the spring and the Canoe Safari in the fall. The board concurred on this idea. Page 2 Parks Board Meeting 11/1/90 Linda made a motion with Karens second to have a spring midnight ramble. The board approved the motion with 1 abstention, (David Gottula) . Melvin Measeles and Richard Prentice will investigate a March or April event and report back at the next meeting. In other business, the board stated that they would like to see Lake Windimere "sand pit" and look at its possibilities for a regional park. December Agenda Bofysil Park - Frank Frankovich Bike Rally Briar Meadow Park space ballot Stevenson Park Master Plan Site Drawing Mandatory Park Ordinance .... Friendswood Parks and Recreation Four Unit Apartment Facility Asbestos Management Proposal The following proposal is submitted for consideration by Mr. Jon R. Branson, Parks and Recreation Director, Friendswood, Texas. The proposal will allow Gray Environmental Technology, Inc., to act in the capacity of project management representing the Friendswood Parks and Recreation.Department during asbestos removal activities at the four unit apartment facility adjacent to Stephson park when accepted. Phase I -Gray Environmental Technology, Inc., (GET) will Conduct acomplete internal and external survey of the facility bycollecting bulk samples (where accessible) of suspect materialsto determine where and to what extent asbestos containingmaterial (ACM) is present. -Analysis of bulk samples will be conducted by NUS laboratories,an accredited American Industrial Hygiene Association (AIHA)laboratory. _, -GET will proceed to phase II upon receipt of bulk sampleanalytical results which is estimated to range from five to sevendays. Phase I cost: $466.00 Phase II -GET shall develop a project work scope identifying the locationand quantity of ACM present. The work scope shall also includesuggested removal techniques and/or approved engineeringmethodology to be utilized by the abatement contractor. -Upon completion of bidders invitation, a pre-bid meeting timeshall be established. At the end of the meeting, GET shallconducted a facility walk-thru with the contractors. GET shall assist the Friendswood Parks and Recreation Departmentreview the bids submitted and with selection of a competentasbestos abatement contractor and proceed with phase III. Phase II cost: $560.00 Proposal page 2 Phase III -Upon awarding a contract for removal of the ACM, GET shallprovide the following services: a)Assist the Friendswood Parks and Recreation Departmentdevelop and issue the applicable asbestos removalnotification. b)Project management and oversight. c)Conduct pre-project air monitoring to establish ambient airlevels of asbestos. d)Personnel and area air monitoring during the removalactivities in accordance with applicable Federal, State andLocal regulations. e)Post-project air monitoring to establish clean air insidethe facility. f)Analytical services for all project air samples collected. g)Establish that all accessible ACM has been removed and nofurther area or ground contamination has occurred. h)Develop and issue a final project report to the FriendswoodParks and Recreation Department with a copy being issued tothe abatement contractor. The project report shall include,but may not be limited to: 1) A discussion of the removalactivities, 2) Air monitoring and bulk sample analyticalresults, 3) Transportation and disposal manifests (greenand original copies); and, 4) Applicable project notes. Phase III cost: $1,950.00 Total project cost for GET services: $2,976.00 C lty of 9-'tlEnd1.wood To: Ronald E. Cox City Manager From: Jon R. B�anson ��t> Parks and Recrea�n Director Date: September 18, 1991 Subject: Asbestos removal, Shadwell property f, oZJ, 9/ As per your request, I have received three proposals to perform asbestos abatement consulting services for the Shadwell property apartment building. The following information will outline their proposals and my recommendation for approval. Gray Environmental Technology, Inc. P.0. Box 2313 Texas City, Texas 77592-2313 Survey Project work scope (specifications) Professional services Total Envirotest Inc. 10400 Westoffice Drive, #110 Houston, Texas 77042 Survey Project work scope (specifications) Professional services Total Law Engineering 13831 N.W. Freeway, Suite 500 Houston, Texas 77040-7161 Survey Total $ 466.00 560.00 1,950.00 $2,976.00 $ 500.00 700.00 350.00 $1,550.00 $2,000.00 $2,000.00 109 East Willowick Avenue • Friendswood, Texas 77546-3898 • (713) 482-3323 - After discussing the project with the representative of each of the above mentioned firms, I believe Envirotest Inc. will provide the best service for our particular need. The following information will identify the scope of the asbestos abatement project and hopefully provide some insight into the project. 1)The apartment facility located on Shadwell Drive contains as many as four (4) areas of asbestos containing materials: Roofing Siding Floor tile Wall paint 2)All asbestos containing materials at the apartment facility in their current status are in a nonfryable state (asbestos containing materials that are not likely to release asbestos fibers upon casual contact, usually indicated by a simple finger pressure test). Note: new regulations allow for a less stringent abatement process where nonfryable asbestos containing materials are present. 3) 4) The majority of the asbestos apartment facility can be precautionary measures. containing materials at the removed with only minor All siding materials from the apartment facility must be removed through the normal abatement procedure due to its tendency to become fryable during the removal process. 5)Surveys, bid document preparation, project supervision, air monitoring, and written review must be provided by consultant. 6)Demolition of apartment may be performed by city work crews; however, they must be supervised by the project consultant. It is my recommendation that the City of Friendswood select Envirotest Inc. to provide the consulting work for the Shadwell apartment facility. Based on their past experience with similar type project and the relative ease of this project, I believe that they will provide quality service at a reasonable price. City of 91tiend1.wood 109 WILLOWICK (713)482-3323 FRIENDSWOOD, TEXAS 77546 -3898 October 24, 1990 Ms. Bertie Ward First American Title Company 17225 El Camino Real Suite 190 Houston, Texas 77058 Dear Bertie, Attached are three original executed Earnest Money Contracts and a copy of sample Special Warranty Deed in reference to the Gostree property as prepared by our city attorney. Thank you for all of your assistance with the Gostree Property. Si �°l)�Y, ll¾�c� City Secretary DA/jt Attachments: (4) Certified Mail No. P347 205 361 �, J ... RESIDENTIAL LEASE Inv /J c:ia f. /AA t Iv T 5: [ ,e_ (J /� £ r ! PARTIES: Thia LEASE al(Teement ia made and entered.into by end between . · l I hmin desi gn ated n, OWNER, nnd . Chs I:> /t:S: / /, '//z: /?.. {J .f/l hmin dc8i�ete<l u TENANT, i PROPERTY: The Owner le �ece to tha Tenant, in its. present condition, the pre�ise�r located at � I Vc:5ml, C;v /() 7'.;1 I 1"y � known and dt'llcribcd M: " . · j I IO 5 ,/2ct d u.J f / / /9 j) T fr( ! �/412A1ds 4Jo� d1 fj_ 7 ?-1</t i . t ;,d,di•• •II :.z;r•m,,�. ••••�. ""' �m;,,,. (if•">) •• ,h"W" '" '.""'h,d oeh,d,I, A, [o, <h, ,� "' _s;i� {j.,J_i'/']_� h"''"'"' '" I the /S:, day of /JJqµ/, , 19 :j::_Q lo be used arid occupied by those person� listed hereon only 1111 a pri"ntc d�llin,t. �. I I RENT:Tennnt agree8 to pay without demand, at lheofficeof theOwneror Agent. lhc s�m off. /ef. 6 O 'in advance.on the � day of � each and every month during the term of this egTeement. PA YMENT PENALTY: At the option of the Owner, Tcnnnt ngrtts to �y thcaum offive perrt•nt ofthc monthly renlnl charp;c Mn lnt•.'chnrg�in the event the rent is paid more th 1tn 7 dnya nfter same is due, nnd the additional sum tl't / () Dollnni for nny_ ch��iven n� pnyment hereunder thnt is returned hy the maker's ho.nit for in■ufficient fund•, or atopped payment. ..33, 3:1 d � e, /�$ � 14-/' A! •J· 333� dt.tf l..r---Y/A¼ DEPOSIT: Receipt ii, hereby ocknowlcd 1ted of S ;3 ' 3 ,3 os security depoRit for the foithful pe?rormnn� <lf nll the terms and conclit.ion� orthiil lcuo. ,. ,, '/ ,, 'r Under no circu m•tnncea ia the •nid security depo•it to be con•trued as rent, nnd Tenant oh:111 not be entitled to nny interc,,t on etiid dcpo•il. Same will be returned to , " Tenant ,upon the paym('nt of all rent due, the v11cating of the premi•('fl in I\ d,:nn condition, Ir.�• oil chnri.�• for dsmngc don<' to the property, normal "'<'Ill' !Ind te11r i excepted, and the return of all keys thereto, 11nd when Te n tint ltn• furnished I\ forw!U'ding Rddreso lo Owner. T<'nnnt oh nil rrol withhold pllymcnt of lnet month's i i i rentnl or any portion thereof, on grounds that the security deposit aervea as eccurity for the unpaid rental•. Ten11nt ngrl'<!a tC1 gi\'e Ownt'r thirty (30) day• notice of vacl\ling •aid premises, end failure to do 80 shell conetitute the forefeiture of the security deposit herein. DEFAULT: In the event the T t'ne.nt shnll default in the-prompt pnyment of renl when onme i• dut', or violut e, or frlil to perform uny of the pro�·isione of thi� lcMe. or in the event the Tenant shall abandon the premises, or l�nve them vacant, Owner m1ty IIE'nd written notice of such default to TcMnt by m11il or oth<'rwis�. to th, demillcd premises, nnd unl t>Se Tenant shall completely cµre •nid default within three days oner sending of a11id notice, Owner moy re-enter the prcmis� by aummar y proce<?dings, or by for ce, without being liable for prosecution thert'for, toke vo•Hc!lffioll of Mid pr<•mise11. nncl remove ,,'I) pr.r1101\H or pr,,perty therefrom, nnd mny.elc-ctlto either c-nnc-el thi11 leruie, or to relet the premi•Ni nnd receive the rent therefor, wlti1·h rl'!ll �hull h,• uppli<•d first to the exp�n•Ct' incurred by Owner in entering and rcletting, and then to the pnyment of the rent due nnd pnynble undt'r thi� le1111�. Tenant tC1 rem:iin liRhle for nny d�fici,•nr-y whirh mny re11ull. Ownor ehnll epecificnlly hnve the right to institute and moin tnin \he �tntutory auit of Forciblr Entry nnd I lt·taiiwr in th1• p roprr Court. :ind ohtnin n Writ for l'o�l!Cc'l�ion thereby. REPAIRS: Tenant shnll tnke good care of the property, nnd its fixtures, nnd shnll nt Tcnnnt'R own �xp�n�r h<'p anid pr<'mises in good t'l!pnir, including glnsa. plumbing, applioncea. ond elc.-ctricol fixture •. uni�•• spccificolly nl(rt'd oth�rwi•� in writinl( h�ri•in. Tcnunt further lll(rN'8 to w ater nncl rnnintain in the yard, 1rrnss . ehrubs. and to be re�ponsible for any da mage to the premises, furnishing• or fixtures, cnu•�d by himsdf, his fnmily. •rrvonts, Ul{ents, or invitee•. INSPECTION: Ownrr eh all hnvc the right to enter snid pm:nises at nil rrMon11ble hours, toexnmine snmr. or mnke repairs, and to show the premises to r,rosprctive t.en11ntJI or purchnst'r6. Tcnont fu�her covennnts that he hos inMJH•<·INI the premi■es. nnd the surnc nrc suitnhlc for the purpoRcs for which thr.y nrc lc11ncd, nnd that the Owner shell not be linble for dnmngcs to the property of.Tcnunt, his pcr•on, fnmily, ngents. or invitees. occusioned by nny drfrct..q in snicl property. water, fire, elt'Ctricnl fixture• •. ur c-onnc<'tions: the bur8ting, lt•11kin1< or _ov(•rllowin1t of nny •pipes, or fixtures: or by Rny <ither nc-t, omission or n�gliiicnce of Owner. NUISANCE:The oc-cupancy of tile Tennnl eh nil be Mnductecl in such n mnnnrr nA to .notcn•ule nny nui•nncl', nor interfere with, nnnoy, or di6trub othn tenants ct nei irhbora, nor shnll nny pct11 be permitted on the ehove <Ir.scribed premis�s unlees othl'rwis� notr.d in writing herein. l ABANDONED PROPl-:RTY: All property left in nnd nboul the premiACS hyTennnt, 0hnll be coneidered ubnndonrd, nnd may hedispoe�d ofhy Ownrr DA he shall aee fit, without rccourae hyTr.nunt. All property plncrd on thr p,remisr6 hv Tr.nnnt is h�reby suhi<'<'tNt to 1, lien in fuvorof Ownrr f11r the pnvnwnt of all sums ngrNXI to� paid hy TenRnt hl'rcin. snid lien to be in nddition to the lnndlor<l"e lien _ pro vid�d hv law. • HOLDING OVER: It ia ngrN,d thnt nny holdin1tover by th<•Tt'nnnt nt the t'Xpir1tlion uf thia Jenae shull hcconstru:-d lo bP n tenancy from month lo month at a rcntnl of one nnd one-hnlf times the rental shown herein.UT/1,/TIF.S: Unit'�• utht'rwi�l' m�nlion�d hcrt'in, nil utiliti,.-s us1·cl in or 11hout Atlid premise• •hull he puicl for hy Tenant.Thi• lense cont.ninR lht' rnlir� ngrcement between the p11rtf�a. 11n_d no rc prc•rntntion, induc-rmenl8, promises. wnrrnntics, npr�•• or im pli,•d,or ngrermentll, nm! orotherwi•r, between the purtic•. not t'mbodicd herein, shnll he of nny forre or effc,·t.Executed this the !✓ , I'd /)1 o /2.. c Ji· ----. !!I :!...!?. · --> day of ___ _ -- �t £Jc ,0 £/2� AJ � y £��4--� · AGENJ: !l!::il9!'R p, 0 • 16 0 ')C ci ·3 2__, :j)t"C4�.a..v d,'li 77585 3q3-1..r1s TENANT C 1980 ·1 FXAS STAN DARO FORMS, 301 N. FRIO. SAN Ar-·101'10. ll'XAS 78207 R W(i I/ !!(I J.'orm No. 4 I t tf ! I \8,. ' t � l ,-, RESIDENTIAL LEASE PARTIES This LEASE agreement, made and entered Into by and between WORKMAN REALTY, JNC MANAGER herein designated as�• and Janice R. nebolt PROPERTY WITNESSETH: That the Owner leases to ihe Tenant, In their present condition, the premises located at known and described as: Cowart CrN:k AparLmrn Ls #2 101 Winding Way· Friendswood, Tx. 775h6 ,__ ___ \'O'J'/C:li-- /., ,1aurd.i11n· wir/1 t/1<· L,11,• tl,is r,rvp<'rty i., uffen•d wit 10111 r,•.<p,·.-c tu r.irr. color. cr1•,.d. S<·x or 11.irio11,il vrigi11. herein designated as TENANT, Friendswood i Texas Including all Improvements, fixtures, and furniture (II any) as shown on attached schedule A, for the term of month to month beginning on the ] 9th day of October , l 9Jil.. to be used and occupied by those persons listed hereon only as a private dwell Ing, TERMS Tenant agrees to pay without demand, at the office of the Owner or Agent , tho sum of $ 12 5{ 00 In advance, on the 1st day of each and every month during the term of this agreement. October rent to be prora ed $4. 0 3 Jg; 13 days = $52. 39 PAYMENT PENAL TY At the option of th• Owner, Tenant agrees to pay the sum of f:0N percent of tho monthly rental charge as a late charge In the event the rent Is paid more than 01:lC days 'after same Is due. XO<lXt{IJl:JI0:0{1eQCl}{!»)l,roXQ(;,�;oe,iw,:mc)OJIOKJ!no�mQ)OXJl��}'{QOX,1'J)O)C,»)Ol:tJ(i;(IJ(Q(AA¼: :>mll(BO l(a(l)(:::<otXo�iuc�l)(f4)(�� 1 � . 88 b 1 e ani ng DEPOSIT Receipt Is hereby acknowledged of S 125. 00 · as a •security ��I� for the faithful performance of all the terms and conditions of this lease. Under no circumstances Is the said security deposit to be. construed as rent, and.Tenant shall not be entitled to any Interest on said deposit. Same will be returned to Tenant upon the payment of all rent due, the vacating of the premises l.n a clean condition, less all chargos for damage done to the property, norma woar and tear excepted, and the return of all keys thereto, and when Tenant has furnished a forwarding address to Owner. Tonant shall not withhold payment 01 the last month's rental or any portion thereof, on grounds that the security deposit servos as security for the unpaid rentals. Tenant agrees to give Owner thlrt� (30) days notice of vacating said premises, and failure to do so shall constitute the forfeiture of the security deposit herein. DEFAULT In the event the Tenant shall default In the prompt payment of rent when same Is due, or violate, or omit to perform any of the provisions of this loase,or In the event the Tenant shall abandon the premises, or leave them vacant, Owner may send written notice of such default to Tenant by mall or otherwise, to the demised premises, and unless Tenant shall co mpletely cure said default within three days after sending of said notice, Owner may re..,nter the premises by summary proceedings, or by force, without being liable for prosecution therefor, take possession of said premises, and remove all persons or property therefrom, and may elect to either cancel this lease, or to relot the premises and receive the rent therefor, which rent shall be applied first to the expenses Incurred by Owner In entering and relettlng, and then to the payment of the rent due an d payable . under this lease, Tenant to remain liable for any deficiency which may result. Owner shall specifically have the right to Institute and maintain the statutory suit of Forcible Entry and Detainer In the proper Court, and obtain a writ for possession thereby. REPAIRS Tenant shall take good care of the property, and Its fixtures, and shall at Tenant's own expense keep said premises In good ropalr, Including glass, plumbing, appliances, and olectrlcal fixtures, unless speclflcally agreed otherwise In writing herein. Tenant furthor •greos to water and maintain the yard, graH, shrubs, and to be responsible for any damage to the premises, furnishings or fixtures, caused by himself, his family, servants, agents, or Invitees. INSPECTION Owner shall have the right to enter said premises at all reasonable hours, to examine same or make repairs, and to show the premises to prospec­ tive tenants or purchasers. Tenant further covenants that he has Inspect ed the premises, and the same are suitable for the purposos for which they are leased, and that the Owner shall not be liable for damages to the property of Tenant, his person, family, agents,or Invitees.occasioned by any defects In said property, water, fire, electrical fixtures, or connections; the bursting, leaking or overflowing of any pipes, or fixtures; or by any other act, omission or neglect of Owner. NUISANCE The occupancy of the Tena,;it shall be conducted In such a manne r as to not create any nuisance, nor Interfere with, annoy, or disturb other tenants or neighbors, nor shall any pets be permitted on the above described premises unless otherwise noted In writing herein. ABANDONED PROPERTY All property left In and about the premises by Tenant, shall be considered abandoned, and may be disposed of by Owner as he shall see flt, without recourse by Tenant. All property placed on the premises by Tenant Is hereby subjected to a lien In favor of Owner for the payment of all sums agreed to be paid by Tenant herein, sa,d lien to be In addition to the landlord's lien provided by law . HOLDING OVER It Is agreed that any holding over by the Tenant at the expiration of this lease shall be construed to be a tenancy fro m month to month at a rental of one and one-half times the rental shown herein. UT ILITIES Unless otherwise mentioned heroin, all utilities used In or about said premises shall be paid for by Tenant. This lease contains the entire agreement betwffn the parties, and no representation, Inducements, promises, warranties, express or lmplled,or agreements, oral o otherwise, between the parties, not embodied heroin, shall be of any force or effect. 1.Tenant to pay a 10% late charge ($12.SO) if rent is not paid by the 5th of the month or check is returned by Bank marked INF. 2.Tenant to rent apt. in AS� IS conditions.3.Owners to pay sewer, water, & garbage; All other utilities to be paid by tenant.u.Tenants shall keeppremise in good repair and pay any repairs up to $50.00, and all repairscaused by tenants, friends, or etc •.5.Security deposit to be returned if there are no damages and lease has been fulfilled.6.Representative from WORKMAN REALTY, INC. TO visit property periodically. 7.Prorated October rent $52.39 less cleaning allowed $35,00 = $17,39 total October rent. Executed this the __ // _ day of '71��, 19.,li. WORKMAN REALTY, INC. ����x���x�x Manager 9. 4-t� TEN1ANT TENANT (£.) 1975 TEXAS STANDARD FORMS, P. 0. BOX 26, SAN ANTO NI O, TEXAS 78291 Form No. 4 7/y-� ,--· · / --r·'" -.� IMi it TEXAS ASSOCIATION OF. REALTO��; RESIDENTIAL LEASE AGREEMENT \\�� � ��\l'-� l.PARTIES. This Lease Agreement is between William Lidwe'i 1 \> (Tenant(s)) and City of Friendswood (Landlord), whose address ahd phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unlessotherwise indicated. 2.LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located at (mailing address), _____________ _Cowart Creek Apartments, 110 Shadwell /13 . : Friendswood, Texas Galveston County, Texas (zip) _..:.7..:..7-='5'-'4:..:6::...... _______ _ or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the 1st day of April , 19�, and ending on the 31st day of_M_a...:y:...· _______ _ 19 91 . This Lease will be automatically renewed on a month-to-month basis· unless written notice of termination is given bv either party at least 30 days before the end of the above lease term or any renewal or extension period, or unless another lease is signedby both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by bothparties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed becauseof construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain inforce subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate bygiving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s)and any rentals paid. Such conditions shall not apply to cleaning and repair delays: 4. MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At.least thirty (30) days written notice of intent to vacate must be given to Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period. VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the lease term shall extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period; in other words, the last month's rent must be for a full month without any prorations. Failure to give t1 30-day written move-out notice will subject Tenant to liability for further rentals, cost of reletting charge in th� amount of $ n a (not toexceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or extension period, Landlord shall use diligence to reletand Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience, paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative andoffice overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidatedsum as stipulated, regardless of whether the actual costs are greater or lesser. This. amount shall be in addition to past due rentals, future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waiveor diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant'sliability for future rentals. 5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)"_�l;:,/.0..,,,9__,_W,.,i""'l"-'l""o"'-w::.:i�c...,k,_,,.__ __________ _ Friendswood Texas, Zip 77 546 , or at s�ch other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of$ ( 2mon t hs) A:pri 1 & -Ma:i payable in advance and without demand in equal monthly payments of$ 21 O • 00 on or before the 3rd day of each month and continuing thereafter until the total sum shall be paid. The prorated rent from the date of move-in to the first day 'of the following month is$ n/ a . The prorated portion is payable on the first day of the second month _of occupancy. One full month's rent is due on move-in. If anyrental payment is not paid in full on or before th e 7th day of the month, Tenant agrees to pay a late charge of . $ 10 · 0 0 , plus an additional late charge of $ 2 • 0 0 per day thereafter until the rental payment is paid in full. Tenant agrees to pay a $ 15 • 00 charge (not to exceed $15.0()) for each ret�rned check, plus initial and daily latecharges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be$, _______ per day (not exceeding $10.00 per day). Tenant's right to possessionand Landlord's obligations are expressly contingent upon the prompt payment' of rent, and the use of the Leased Premises by Tenantis obtained only on the condition that rent is paid in full on time. Landlord may require that all monthly payments be paid in one monthlycheck rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant, includinglate charges, charges for returned checks, and pet penalties, if any, then to rent, regardless of notations on the check. At Landlord'soption, Landlord may at any time require that all rent and other sums be paid in cash, cashier's check, certified check or money order. 6.SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or. before the execution of this Lease the sum of$ n / a as asecurity deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall notbe construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves assecurity for unpaid rent is a violation of V.T.C.A. Propert)'. Code §92.108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with thi� Lease. Tenant shall not be entitled to interest on the Deposit. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii) unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv) replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandonedproperty; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admittelephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, bums, stainsor holes, etc., in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and courtcosts incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by the parties hereto. Deposit will be first applied to non-rent items, including late charges, charges for returned checks, and pet penalties, if any, thento unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the LeasedPremises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State Jaw. Landlord shall provideTenant a written description and itemized list of any deductions. The Landlord is not required to give the Tenant a description anditemized list of deductions if the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerningthe amount of rent owed. If deductions exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten (10) days of written notice to Tenant by" Landlord. 8. UTILITIES. Tenant shall pay for electricity, gas, water, wastewater, garbage, teleph9ne, and cable TV for the Leased Premises unless. otherwise indicated in Paragraph 32 below. Utilities shall_ be. used only for normal household purposes and not wasted. 9. USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults and childi:en residing therein not to ex�eed _______ . Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (1_) the �ondu�t of any �ffens1ve, noisy, or dangerous activity; (ii) repair of any vehicle; (iii) the conduct of any business of anytype. including child care; (1v) the conduct of any activity which violates any appli�able deed, homeowners or subdivision restrictions; Initials or Ttrunt(s) __ (T AR-024) 3190 Initi.ils or Landlord or l..:indlord•s R�pr�nr.acin __ l'AGf. I ors ·'-., or (v) any purpose or in any manner which will obstruct, interfere .with, or infringe on the rights of other persons nc:.ir the Leased Premises. Tenant shall not permit more than two vehicles (includi�g but not limited to automobiles, trucks� recreational vehicles, trailers, motorcycles and boats) on the Leased Premises unless authorized by Landlord in writing. Non-operative vehicles shall not be stored on the Leased Premises or on the street in front of or adjacent to the Leased Premises. Any of Tenant's vehicles which arc deemed inoperable may be towed by Landlord ·or Landlord's Representative at Tenant's expense. The Leased Premises which are reserved for Tenant's private use shall be kept clean and sanitary by Tenant. Garbage shall be dispo_sed of only in appropriate receptacles. Tenant shall be liable to Lantllord for damages caused by Tenant, Tenant's guests, or occupants. Guests may not stay in the Leased Premises longer than ten ( 10) consecutive days without Landlord's written permission. If provided, Landlord's written Rules and Regulations arc hereby made a part of this Lease, and violation of the Rules and Regulations by Tenant, Tenant's guest's or other occupants of the Leased Premises shall be deemed a violation of this Lease. Landlord's Rules and Regulations include thoseimposed by either a condominium association or multi-tenant complex. · IO. RESPONSIBILITY FOR CONDITION OF LEASED PREMISES. Tenant has thoroughly inspected and accepts the Leased Premises as is except for conditions materially affecting the health or safety of ordinary persons, and Landlord has made no implied warranties as to the condition of the Leased Premises and no agreements have been made regarding future repairs unless specified in this Lease. A Move-In Inventory and Condition Form will be provided to Tenant on or before move-in. The Move-In Inventory and Condition Form is to report the condition of the Leased Premises and is not a request for maintenance or repairs. Within 48 hours after move-in, Tenant shall note any defects or damages to the Leased Premises on the form and deliver or mail said form to Landlord; failure of Tenant to return form to Landlord shall be deemed as Tenant's acceptance of the Leased Premises to be in clean and good condition. Landlord has provided locks and smoke detectors as required by law. Tenant has inspected the existing locks and latches and agrees that they are safe and acceptable, subject to Landlord's duty to make needed repairs of same upon written request of Tenant. Any additional locks or smoke detectors desired by Tenant may be installed at Tenant's expense only after written approval from Landlord. ,W.hen installed, any additional items s_hall become the prop�I:!Y,,of_Landlord. Tenant shall use reasonable diligence in the care of the Leased Premises and shall be responsible for: (i) costs of plumbing stoppages and damages from same caused by foreign or improper objects and noi. caused by Landlord's negligence in lines exclusively serving the Tenant's dwelling; (ii) damages to doors, windows, or screens not caused by Landlord's negligence; (iii) damages from windows or doors left open; (iv) supplying and changing heating and air conditioning filters at monthly intervals; (v) supplying and·replacing light bulbs.and smoke detector batteries; (vi) maintaining and watering the yard, including shrubbery; any replacement due to Tenant's neglect in watering or maintenance shall be at Tenant's expense; any alteration of existing landscape must have written approval of Landlord; (vii) prompt removal of trash from the Leased Premises; (viii) eliminating any condition that may be dangerous to health and safety; (ix) cost of pest control except for wood destroying insects; (x) taking precautions to preclude broken water pipes due to freezing; (xi) lost or misplaced keys; (xii) damages resulting from Tenant's failure to promptly notify Landlord of needed repairs; and (xiii) maintenance of the following in good working order at Tenant's expense: Landlord not responsible for repairs during this 2 month term of lease. Tenant shall NOT: (i) make any repairs o� alterations to the Leased Premises without written permission from Landlord; (ii) remove any part of the Leased Premises or Landlord's property for any purpose; (iii) remove, change, or re-key any lock without permission of Landlord; (iv) make holes in the woodwork, floors or walls except that a reasonable number of small nails may be used to hang pictures in sheetrock walls and grooves of paneling; (v) permit ,µiy water furniture in the Leased Premises without written permission of Landlord; (vi) install new or additional telephone or cable outlets without permission of Landlord; or (vii) replace, remove or shampoo carpet, paint or wallpaper without written permission of Landlord. Tenant agrees to surrender the Leased Premises at the end �f the term of this Lease and any extension or renewal thereof in the same condition as when received, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness, accident or abuse. 11.LIABILITY.. Landlord or Landlord's Representatives shall not be liable to Tenant, Tenant's guests, or other occupants, for any damages,injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, h_ail, winds, explosion, smoke, interruptionof utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Leased Premises, or other occurrences orcasualty losses unless such damage or injury is caused by the gross negligence of Landlord or Landlord's Representatives. Tenantagrees to notify Landlord immediately of any dangerous or potentially dangerous conditions on or about the Leased Premises. Landlord strongly ·recommends that Tenant secure his own insurance coverage for protection against such liabilities and losses. If Landlord, Landlord's Representatives, agents or employees are requested to render services not contemplated in this Lease, Tenant agrees tohold harmless Landlord and the others named above from all liability in connection with such services. 12.LANDLORD'S RESPONSIBILITY FOR REPAIRS. All requests by Tenant for repairs to be made by Landlord must be directed to Landlord or Landlord's Representatives in writing except'those caused by fire, interruption of utilities or such other emergency. LANDLORD'S DEFINITION OF EMERGENCIES: Problems that Landlord is liable for and materially affect the health or safety of an ordinary Tenant. An emergency is not a condition that merely causes inconvenience or discomfort to a Tenant. The Landlord does not have a duty to repair or remedy a condition caused during the term of this Lease by the Tenant, a lawful occupant in theTenant's dwelling, a member of the Tenant's family, or a guest of the Tenant unless the condition was caused by normal wear andtear. Landlord shall have the right to temporarily discontinue utilities and the use of any fixtures or appliances by Tenant if the interruptionresults from bona fide repairs, construction, or an emergency. Landlord shall act with due diligence but shall not be obligated to makerepairs on other than a business day except in the event of an emergency. No deductions shall be allowed in the rent during reasonableperiods of repair to the Leilsed Premises and this Lease shall remain in full force. If, in the opinion of Landlord, the Leased Premisesare substantially damaged by fire or other casualty loss, Landlord may terminate this Lease upon reasonable notice to Tenant. In thisevent, the rent shall be prorated to the date of termination and Deposit(s) refunded less lawful deductions. 13.REIMBURSEMENT. Tenant shall promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to thedwelling caused by negligence or by improper use by Tenant, Tenant's guests, or"other occupants unles·s repairs have been properlymade by Tenant pursuant to requirements or permission set forth in this Lease. Such reimbursement is due when Landlord makes demand. Landlord's failure or delay in de.manding damage reimbursement, late payment charges, returned check charges, or other sums due by Tenant shall not be deemed a waiver and Landlord may require payment of same at any time, including deductions fromDeposit. Landlord may require advance payment of repairs for which Tenant is liable. ' ' 14.LANDLORD ACCESS. Landlord, Landlord's Representatives and other persons specifically authorized by either of them may enterthe Leased Premises by reasonable means at reasonable times · without notice to: (i) inspect the Leased Premises; (ii) make repairs;(iii)show the Leased Premises to prospective Tenants or purchasers, governmental inspectors, fire marshals, lenders, appraisers, insuranceagents; and (iv) exercise a contractual lien. 15.DEFAULT BY TENANT. If Tenant fails to pay rent or other lawful charges when due or if Tenant fails to reimburse Landlordfor damages, repairs, or other costs when due as provided in this Lease, or if Tenant abandons the Leased Premises, or if Tenant,Tenant's guests or other occupants violate this Lease or Landlord's Rules and Regulations (if provided) or applicable state or locallaws, Landlord or Landlord's Representative may terminate Tenant's right of occupancy by giving Tenant three (3) days' notice tovacate in writing; except however, notice may be by mail or personal delivery to Tenant or left in a conspicuous place inside theLeased Premises. Such termination does not release Tenant from liability for future rentals. Landlord's acceptance of rent or other sums due after Landlord gives Tenant notice to vacate or after Landlord files eviction suit shall not diminish Landlord's right of eviction and shall not waive Landlord's right of property damage, past or future rent, or other sums due. If Landlord prevails in any suit for eviction, unpaid rentals, charges or damages, Tenant shall be liable for Landlord's administrative costs, court costs Initials or Ttn1nt(s) __ . (T AR�24) J/90 Inltl•is or Landlord or Landlord's Rtprtstntath·t __ PACE 2 oC S '-I .\ and reasonable attorney's fees and all amounts shall bear 10% interest from due date. If Tenant's rent is delinquent, Landlord shall not be obligated to continue utilities which are furnished and paid .for by Landlord. Landlord may report unpaid rentals or unpaid damages to the local credit bureau for permanent recordation in Tenant's credit record. 16.TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO REPAIR OR REMEDY A CONDITION. Where Landlord has a duty to repair or remedy a condition materially affecting the physical .health or safety of an ordinary tenant, Tenant may terminate this Lease. withhold rent, offset rent against needed repairs, or pursue judicial remedies only when the following procedures are followed: ( 1)the Tenant has given Landlord prior written notice to repair or remedy a condition which materially affects the physical health or safety of an ordinary tenant; (2) the Landlord has had a reasonable time to repair or remedy the condition, considering the nature of the problem and the reasonable availability of materials, labor, and utilities from a utility company; (3) the Landlord has not made a diligent effort to repair or remedy the condition; (4) the Tenant has givr n subsequent written notice to Landlord stating that Tenantintends to terminate the lease, exercise repair and deduct remedies. or i;ursue judicial remedies; and (5) the Tenant is not delinquentin the payment of rent when the notices were given. . 17.ACCELERATION. If, in violation hereof, Tenant or Tenant's agent gi""S notice of intent to move out more than thirty (30) daysprior to the end of the lease term or renewal or extension period, or if Tenant moves out or removes property from the Leased Premisesin contemplation of moving therefrom prior to the end of the lease term or renewal or extension period, or if Tenant is evicted bycoun order, then all monthly rentals which arc payable during the remainder of the lease term or renewal or extension period shall be accelerated without notice or demand and shall be immediately' due and payable. Such right of acceleration is in lieu of having rentals for the entire lease term payable at the beginning of the Lease·. 18.HOLDOVER. If Tenant fails to vacate on or before the required move-out date (i.e., the end of the lease term or renewal or extension period after proper move-out or vacate notice has been given under Paragraph 4, or a different move-out date agreed to by the parties in writing), Tenant shall be liable to pay rent for the holdover period and to indemnify Landlord and/or prospective tenants for damages . (including lost rentals, lodging expenses, and attorney's fees); and at Landlord's option. Landlord may extend the lease term for up to one month from the date of notice of lease extension date by delivering written notice to Tenant or Tenant's-dwelling while Tenantis still holding over. Rent for any holdover period shall be immediately-due and payable on a daily basis and delinquent without notice or demand. Tenant understands and acknowledges that Tenant will. be considered in possession of Leased Premises and liable for payment of rent for the holdover period until all keys to the Leased Premises are returned to Landlord and all personal property is removed. 19.CONTRACTUAL LIEN. To secure payment of delinquent rent under this Lease. all personal property on the Leased Premises and property that Tenant has stored in any storage room (except the property exempted by statute) is hereby subject to a contractua l landlord's lien. This contractual lien is in addition to the statutory landlord's lien provided by Section 54.041 of the Property Code. In order to exercise contractual lien rights, Landlord or Landlord's Representative may peacefully enter the Leased Premises (and any storage facilities) and remove and store all property therein, except propeny exempt by statute; immediately after seizing non-exempt property,the Landlord or Landlord's Representative shall leave in a conspicuous place within the dwelling, written notice of entry and an itemizedlist of the items removed. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the Tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent. Landlord is entitled to collect a charge for packing, removing, and/or storing property seized.If Tenant has abandoned the premises, or has been evicted by judicial process, Landlord or Landlord.'s Representative, may peacefullyenter, remove, and store all property still remaining on or in the Leased Premises. There shall be no sale or disposition of any of the foregoing property except pursuant to this Lease. Landlord may sell such property at a public or private sale (subject to any recordedchattel mortgage or financing statement) after thirty (30) days' written notice of time and place of sale is sent to Tenant by both first class mail and certified mail, return receipt requested, at Tenant's last known address. The notice must contain: (I) the date, timeand place of the sale; (2) an itemized account of the amount owed by the Tenant to the Landlord; and (3) the name, address andtelephone number of the person the Tenant may contact regarding-the sale, the amount owed, and the right of the Tenant to redeem the property at any time before the property is sold by paying to the Landlord or the Landlord's Representative all delinquent rentsand reasonable packing, moving, and storage costs. The sale of the non-exempt property shall be to the highest cash bidder with proceeds appiicd first to delinquent rents, packing, moving, storage and sale costs. Surplus proceeds, if any, shall be mailed to Tenant at Tenant's last known address not later than the 30th day after the date of sale. Landlord shall provide Tenant with an accounting of all proceedsof the sale not later than the 30th day after the date on which Tenant makes a written request for the accounting. It is agreed that none of the above procedures shall necessitate prior court hearing or subject Landlord to any liability. Tenant hereby specifically waives any right he/she may have for a due process hearing prior to the removal of property. 20.CLEANING. The Leased Premises, including bathrooms, furniture, and appliances, must be cleaned thoroughly. If Tenant failsto clean in accordance with the above, reasonable charges to complete such cleaning shall be deducted from the Deposit including but not limited to charges for cleaning ca_rpets, draperies, furniture, walls, etc. 21.PETS. Tenant shall not permit any pet on the Leased Premises, even temporarily, unless �therwise agreed to by Landlord in writing. 22.FAILURE TO PAY FIRST MONTH'S RENT. All future rent shall be accelerated and immediately due and payable if Tenant failsto pay the first month's rent by the first day of the first rental period under this Lease. In such event, Landlord may terminate Tenant's right of occupancy and sue for damages, future rentals, attorney's. fees, court costs and other lawful charges. 23.RENT INCREASES. No rent increases shall be allowed during the lease term. At least thirty (30) days prior written notice is-requiredfor any rent increase. If such notice of rent increase is given to Tenant, this Lease shall automatically continue on a month-to-monthbasis at the increased rental rate beginning on the effective date of rental increase. 24.ASSIGNMENT AND SUBLETTING AND BINDING NATURE .. Tenant shall not assign thi's Lease nor sublet the Leased Premisesor any interest therein without first obtaining the written consent o( Landlord. An assignment or subletting without the written consentof Landlord shall be void and shall, at the option of Landlord, terminate this Lease. This Lease shall be binding upon and inure to the benefit of the parties to this Lease and their respective heirs, executors, administrators, legal representatives, successors, and permittedassigns. . 25.SUBORDINATION OF LEASE. · This Lease and Tenant's leasehold interest under this 'Lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now or hereafter placed on the Leased Premises by Landlord, to all advances made underany such lien or encumbrance, to the interest payable on any such lien or encumbrance. and to any and all renewals and extensions of any suc!1 lien or encumbrances. 26.MILITARY. If Tenant is or becomes a member of the Armed Forces on extended active duty and receives permanent change ofstation (PCS) orders to leave the County in ·which the Leased Premises is located, or is relieved from such active duty, then Tenant may terminate the Lease by giving thirty (30) days written notice, with a certified copy of the military orders attached, provided Tenant is not otherwise in default. (Military orders authorizing base housing do not constitute grounds for-termination unless specially waived.) 27.SIGNS. During the last N/ A days of this Lease, a "For Sale" sign and/or a "For Lease" sign may be displayed on the Leased Premises. 28.BROKER'S FEE. Landlord acknowledges N/ A to be the Listing Broker. Landlord agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Landlord. 29.TIME OF ESSENCE. Time is expressly declared to be of the essence in this Lease. 30.GENERAL. No oral agreements have been entered into and thi'S Lease shall not be modified unless by written addendum. This is the entire agreement. IN THE EVENT OF MORE THAN ONE TENANT, EACH TENANT IS JOINTLY AND SEVERALLY LIABLE FOR EACH PROVISION OF THIS LEASE. Any act or notice of or to. or refund to, or the signature of, any one or more of theTenants, in relation to the renewal or termination of this Lease. or with respect to any of the terms of this Lease shall be fully bindingon all of the persons executing this Lease as Tenants. Each of the undersigned states that he/she is of legal age to enter into a bindingcontract for lodging. This Lease shall be construed under and in accordance with the laws of the State of Texas and all obligationshereunder arc to be performed in the county in whic_h the Leased Premises arc located. In any lawsuit involving contractual or statutory obligations of Landlord or Tenant and originating in justice. county. or district court. the prevailing party shall be entitled to recoverattorney's fees and all other costs of litigation from the nonprevailing pany. All am �unts in any lawsuit judgment shall bear 10% lni1iah of Tc:nanit,l __ ITAR-02�) .1190 Lniti.al, or l..1ndlord or l�ndlord\ Rtpr�ntath·t __ PAGE 3 nr S / � , ;­I ,, ... interest from due date. Unless otherwise stated in this Lease. all •sums owed by Tenant are due on demand. Landlord·s past delay. waiver. or nonenforcement of acceleration. contractual lien. rental due date. or any other right. shall not be deemed to be a waiver of any other breach by Tenant of any other term. condition. or covenant contained in this Lease. -This Lease is binding on subsequent owners of the Leas<;<.! Premises. Any clause in this Lease or addendum. if any. declared invalid by law shall not terminate or invalidate the remainder of this Lease. 31.RELATED DOCUMENTS. Incorporated into this Lease arc the following documents (if checked): _X __ Tenant's Application for Rental ___ Pet AgreementN/ A Texas Real Estate Commission Agency Disclosure Form _X __ Move-In Inventory and Condition Form[for leases in excess of twelve (12) months)_x __ Landlord's Rules and Regulations All Tenant's statements in Tenant·s Application for Rental ai-e material representations relied upon by Landlord or Landlord'sRepresentative. Any misrepresentation shall constitute a breach of this Lease and Landlord may terminate same. 32.SPECIAL PROVISIONS. The following special provisions and any addenda or attachments shall control over any conflicting provisionsof this printed lease form. Tenant agrees to vacate said prop erty on or before the 31st of May, 1991. 33.CONDEMNATION: If during the term of this Lease or any extension or renewal .of this Lease, all of the Leased Premises are takenfor any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or are soldto the condemning authority under threat of condemnation, this Lease will terminate, and the rent will be abated during the unexpiredportion of this Lease, effective as of the date of the taking of the premises by the condemning authority. If less than all of the LeasedPremises are taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminentdomain, or are sold to the condemning authority under threat of condemnation, Landlord may, at Landlord's sole option, either terminatethis Lease or restore and reconstruct the building and other improvements situated on the Leased Premises at Landlord's own expense,provided that restoration and reconstruction will make the Leased Premises reasonably tenantable and suitable for use as a residence.If Landlord does not terminate this Lease but instead restores and reconstructs the building and other improvements situated on theLeased Premises, then the rent payable during the unexpired portion of this Lease-will be adjusted equitably.THIS LEASE AGREEMENT and any addendum hereto has been executed in multiple copies, one for Tenant and one or more for Landlord. THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PARTOF THIS AGREEMENT, SEEK COMPETENT LEGAL ADVICE. TENANT or TENANTS (tiJf!e.�: 171. �:lt-l--6 LANDLORD OR LANDLORD'S REPRESENTATIVE Cit� of·Friendswood Date: ____________________ _ Phone: ·i�i Wil : owick g� �craer� Address and Pho·ne of Landlord or Landlord's Representative: City of Friendswood {Finance Dept ) 109 Willowick Friendswood, Texas 77546 Date: ___________________ _ AGREEMENT BETWEEN BROKERS Listing broker agrees to pay N/ A , Co-Broker, a fee of $ _______ or _______ % of the gross rent when the Broker's fee described in Paragraph 28 ls received. In the event this Lease is extended or renewed, Listing Broker agrees to pay Co-Broker an additional fee of$ N /A or N /A % of the total rent for such extension or renewal period when Listing Broker receives said additional fee from Landlord as specified by separate agreement between Listing Broker and Landlord. In the event Landlord sells, exchanges or otherwise transfers a legal or equitable interest (excluding a lease or rental) to the Leased Premises to Tenant during the term of the Lease, inc�uding any renewal or extension thereof, or within N / A days ai'ter termination Qf th� Leas(':, ;_.,,hich,.wer occurs later, Listing. Broker agrees to pay Co-Brcker a fee of $ NI A or NI A % of the sales price or exchange value of the Leased Premises when Listing Broker receives the fee for such sale, exchange or transfer from Landlord as specified by separate agreement between Listing Broker and Landlord. Co-Broker License No. Listing Broker License No. By: By: Co-Broker's Address Listing Broker's Address Telephone Number Telephone Number (NOTE: This form is furnished by the Texas Association of REAL TORS for the convenience of its members.) Initials or Teru.nt(s) __ (T AR-024) J/90 lnltlal> of Landlord or Landlord's Rcpraclllatl•• __ PACE ◄ors $:. " ..... RESIDENTIAL LEASE l j J PARTIES, Th> LEASE ,,,_,., ;, modrnd ··"·•Hn<o "' •• , brl•=. . In,;,µ ,,_·'l 'i /,fA < ,v T s: 'i ,e (; ,'c-c s I hmin deaigneted ne OWNER, nnd /) 4B-lc /i..r / 6 '/ b /t O .Cl} · · t. , , • hcr�:n dee1icnated e.a TENANT, l PROPERTY: The Owni,r len6ce to the Tenant, in ite. preeent condition, the premises located at � / vc.Sful �u .;{.) 7 / , � v·t known and described a•: ... ., ) , � : I IO 5 /2ct d w f / � /-} ,I) T fr(f ;:'/41 �,,<Jds '-<.) a� d1 71-7 ?-1<:/,L,t c includinir all improvemenltt, fixtur<'S, nnd rurniture (ir nny) ne ahown on 11ttnchcd echedulc /\, for the t,•rm of -ft-))) 6.s;� [C:, ) fn _tMtlr_. beginning on the /...5 day of q/l...C-,19 £Q. to be uecd nod occupied by those person� listed hereon only Mn prh·ate d)l'e'llin�. r .s:' RENT:Tennnt agTees to pny without demend, at the office of theOwner orAgent, the aum of$ / f-> • 6 O in sdvnnce.on the � each and every month durinR the term of this airreement. dny of PAYMENT PENALTY: /\t the option of the Owner, Tennnt agrees to pay the sum of five perct'nt of t he monthly rental chorir.c 1111 n Int,, chnrg� in the event the rent is paid more than 7 dnya nfter enme is due, and the additional sum£/ 0 Dolll\nl for nny. chec�i�en n� pnyment hP.reunder that is returned hy the maker's bank for insufficient funds, or stopped payment. 33, 3:;> .d,:, t:, /...S� H-J',,e • � i f ! E r,,� ! � ,. 'r .,!, J .3 23.33, d�f /...r.....-Y/,,¼ DEPOSIT: Receipt ii, hereby ocknowlcdtted of S .:3 ' ,3 as security deposit for the fnithful pefrorman� of nll the terms and conditions ofthi.a lcuo. ( !· Under no circumetnnces i.a the•aid security deposit to be construed as rent, nnd Tenant shall not be entitled to any intereet on aaid deposit. Same will be returned to • I; Tenant upon the pnyment or all rent due, the vacating of the premises in a d,inn rondition, lea• oil chnrg�• for damage done to the property, normal Wl'er ll.tld lf'ttr t excepted, and the return of all keye thereto, and when Tenant has furnished a forwarding address to Owner. Tf"nant ehnll not withhold payment oflnst mon:h's i rentnl or any portion thereof. on grounds that the security deposit serves ns ettt1rity for the unpnid rentnla. Tenant ngrtts to 1th·e Owner thirty (30) daya notice of vacating said premises. and failure to do so shall constitute the forefeiture of the security deposit herein. DEFAULT: ln the e,•ent the Tenant sh nil defoult in the prompt pnymcnt of rent when snme is due, or violute. or foil to perform any or the pro�•igione of this lease. or in the event the Tenant ehnU abandon the premises, or leave them vacnnt, Owner may at-nd written notice or euch default to Tenant by mail or otherwise, to th� demued premises, and un11'8s Tenant ehall completely cure anid defnult within thr� days after sending of aaid notice. Owner moy re-enter the premi- by aummary procccdin1te, or by force. without being Hobie for prosN'ution therefor, take J>OHHe!lsion ohnid prt•misC1'. and remove ,i'II pcrMn• or pr,,perty therefrom, nnd may.elcc\to either ronrel this !ewe, or to relet the prcmief'S ond receive the rent therefor. whi,·h rrnt �hnll h,, npplied firRt to the expensc,o incurred by Owner in entering nnd reletting, and then to the payment of the rent due nnd payable undt'r this le"""· Tenant to remain li11h!e f,.r any d�fici1•nry whkh may resulL Own�r a hall apecifically hnve the rittht to institute and main to.in the statutory suit of Forcible Entry nnd I l1•tai1wr in the proper Court. :ind ohtnin a Writ for l'os11<::ssion thereby. REPAIRS: Tenant shnll toke ttood care of the property, nnd ita fixtures, nnd shnll at Tennnt'R own <'XP<'n!I<' kttp said prt>mi�es in good repair, including glneo. plumbintt, appliances. nnd electricnl fixtureR, unless 6pC<'ificnlly al(rt'<I otherwise in writinl( her<•in. Ten,rnt further Rl(rM.•� to water ond rnnint:iin in t.hcyerd,frt\118. shrubs, and to be rettponsible for any damalfe to the premisCll, furnishings or fixtures. cougcd by him�df, his family. 8Prvants, al(ents, or invitees. JNSP ECTION: Ownt'r shall hove the riirht to enler s11id premiNes n tall rt'nronul,le hours, to examine snml' or make repairs, and to show the premises to proepective I.en ant.a or purchoscrs. Tenant fur\her coven11nts that he hos inap,.<·tt-d the premiaes. ond the aume are auit.nhle for I.he purpo�e8 for which th ey arc leaned, and that the Owner shall not be linble for damages to the property ofTcnnnt, his perann, family, nl(ents, or invitees. occuainned by any drfrcLq in anid property, water, !ire, electricol fixtures, or connl'<'ti,ms; the burstinl(, l1•11kini: or .<>v<•rflowintt of nny pi pes, or fixturea; or hy 11ny <>ther net, omission or ne1di1tencc of Owner. NUISANCE: The occupancy of Uie Tenant shall be r,mducted in such a manner ae to not create nny nuiNnnce, nor interfere "�th. annoy, or distrub other tenants er neiirhbors, nor shall nny pctA hl' permitted on the ahove described premisrs unll'R8 otherwis� not.NI in writinl( herein . • ABANDONED PROPf.'RTY: /\II property left in and about the premi•es hy Te:rnnt, ehnll be conAidered nbnndon�d. nnd may he disposPd ofby Ownrr oe he shall ett fit, without recourse hy Tcnunt. /\II prop<:rty pl need on tlw p,remill<'ll hyTcnnnt is h�rehy Aubjt'ct<'<f to a lien in fuvorof Owner for th<' pavm,,nt or all eums ngrt'Cd to l.x, po.id by Tenant herd!!, snid lien to be in nddi1ion to the landlord's lien provided hy law. • HOLDING OVf.'R: It is ngre,,d that any holdin1t over hy th,•Ten:int at the expirntion of this leaAeshull heconRlruro to be n tenancy from month to month ato rentnl of one nnd ont>•hnlf times the rental shown herein. UTILITIES: Unless otherwise m('ntioned herein, nll utilities us,•d in or uhout Anid prcmisea Ahnll be paid for hy Tenont. } } i i ! t l � ! I i This Jenee contninR the entire agreement between the purtil'R, 11nd no represrntntion, inducements, promises, warranties, expr<'SH or impli1•d, or nf(rtrmentlt, ornl or ' otherwiRe, bctwern the purticR, nut t'mbodicd herein, shall be or any for<'e or effect. Executed this the ! .r-:d' -�lno�/2.. __ c_A·_ .rn .!lf!_ . L� dny of tf £Jo ,J L/;r9 AJ � y � · AGENJ; 1" V.R·-------­f, 0, 100 K. C\ 3 i_,, :P.r-cv2.L-.a,0 d ,tx 77 sSS 393-· / .S-/3 -TENANT e 1980 ·1 fXJ\S S fANDARO FORMS. JOI I\'. FRIO. SAN Al\' I 01'10. l'EXAS 78207 ' R \\'(j I/ 80 Form No. 4 1 l ji � � f. � i ------------------------ _.,. , RESIDENTIAL LEASE - PARTIES This LEASE agreement, made and entered Into by and between WORKMAN REALTY, INCMANAGER herein designated as�• and Janice R. Debolt PROPERTY WITNESSETH: That tho Owner leases to the Tenant, In their present condition, the premises located at known and described as: Cowart Creek Apartments #2 101 Winding Way Friendswood, Tx. 775h6 ,__ __ .\'OT/Cl.: -­ I,, <1avrcl.i11n• wirl, ti,,. L,,w rlti.< r,rvp<'rty i.< of/er,•d wir 1011r r,•.<p,·ct to r,1cr. color. crc•c·cl. sc•x vr 11.itio11Crl vrigi11. herein designated as TENANT, Friendswood2 Texas Including all Improvements, fixtures, and furniture (If any) as shown on attached schedule A, for the term of month to month beginning on the J 9th day of OctohPr , l 9-8l_ to be used and occupied by those persons listed hereon only as a private dwelling. TERMS Tenant agrees to pay without demand, zt the office of the Owner or Agent , the sum of S 125,. 00 In advance, on the 1st day of each and every month during the term of this agreement. October rent to be pror�:ted $4.03 ix: 13 days_,,_,,,__,...,.,._..,... 11-I PAYMENT PENALTY At the option of th• Owner, Tenant agrees to pay the sum of m£e percent of tho monthly rental charge as a late charge In the event the rent Is paid more than Oil( days 'after same Is due. )(OCl)(I{IJCl!«�QCIJ{IX™roA«�;Qe;:lilr;(mc)O����Jl�:1{1).�J{��)(}S)Ol;t}(�JG(M; m!E<ll('Xnro<XOtX�«t:Y::1Goucouoo:01�� 1�: 88 b�fl�ng DEPOSIT Receipt Is hereby acknowledged of$ 125. 00 as a security de�lt for the faithful performance of all the terms and conditions of this lease. Under no circumstances Is the said security deposit to be construed as rent, and Tenant shall not be entitled to any Interest on said deposit. Same will be returned to Tenant upon the payment of all rent due, the vacating of the premises In a clean condition, less all charges for damage done to the property, norma woar and tear oxceptad, and the roturn of all keys thereto, and when Tenant has furnished a forwarding address to Owner. Tenant shall not withhold payment of the last month's rental or any portion thereof, on grounds that the security deposit serves as security for the unpaid rentals. Tenant agrees to give Owner thlrh (30) days notice of vacating said premises, and failure to do so shall constitute the forfeiture of the security deposit herein. DEFAULT In the event the Tenant shall default In the prompt payment of rent when same Is due, or violate, or omit to perform any of the provisions of this loase,or In the event the Tenan t shall abandon the premises, or leave them vacant, Owner may send written no tice of such default to Tenant by mall or otherwise. to tho demised premises, and unless Tenant shall completely cure said default within three days after sending of s�ld notice, Owner may re-onter the premises by summary proceedings, or by force, without being liable for prosecut ion therefor, take possession of said premises.and remove all persons or property therefrom, and may elect to either cancel this lease, or to relet the promi ses and receive the rent therefor, which rent shall be applied first to the expenses Incurred by Owner In entering and relettlng, and then to the payment of the rent due an d payable _ under this lease, Tenant to remain llable for any deficiency which may result. Owner shall speclflcally have the right to Institute and maintain the statutory suit of Forcible Entry and Detainer In the proper Court, and obtain a writ for possession thereby. REPAIRS Tenant shall take good care of the property, and Its fixtures, and shall at Tenant's own expense keep said premises In good repair, Including glass, plumbing, appliances, and electrical fixtures, unless spoclflcally agreed otherwise In writing herein. Tenant further •greos to water and maintain the yard, grass, shrubs, and to be responsible for any damage to the premises, furnishings or fixtures, caused by himself, his family, servants, agents, or Invitees. INSPECTION Owner shall have the right to enter said premises at all reasonable hours, to examine same or make repairs, and to show the premises to prospec­ tive tenants or purchasers. Tenant further covenants that he has inspected the premises, and the same are suitable for the purposes for which they are leased, and that the Owner shall not be liable for damages to the property of Tenant, his person, family, agents.or lnvltees,occasloned by any defects In said property, water, fire, electrical fixtures, or connections: the bursting, leak Ing or overflowing of any pipes, or fixtures: or by any other act, omission or neglect of Owner. NUISANCE The occupancy of the Tenant shall be conducted in such a manner as to not create any nuisance, nor Interfere with, annoy, or disturb other ten�nts or neighbors, nor shall any pets be permitted on tho above described premises unless otherwise noted In writing herein. ABANDONED PROPERTY All property left in and about the premises by Tenant, shall be considered abandoned, and may bo disposed of by Owner as he shall see flt, without recourse by Tenant. All property placed on the premises by Tenant Is hereby subjected to a lien In favor of Owner for the payment of all sums agreed to be paid by Tenant herein, said lien to be in add it Ion to the landlord's lien provided by law. HOLDING OVER It Is agreed that any holding over by the Tenan t at the expiration of this lease sha ll be construed to be a tenancy fro m month to month at a rental of one and one-half time s the rental shown herein. UTILITIES Unless otherwise mentioned herein , all ut ilities used in or about said premises shall be paid for by Tenant. This tease contains the entire agreement botw.,.n the parties, and no representation, Inducements, promises, warranties, express or lmplled,or agreements, oral o otherwise, between the parties, not embodied heroin, shall be of any force or effect. *11. Tenant to pay a 10% late charge ($12.50) if rent is not paid by the 5th of the month or check is returned by Bank marked INF. 2.Tenant to rent apt. in AS -TS conditions.3.Owners to pay sewer, water, & garbage; All other utilities to be paid by tenant.h.Tenants shall keeppremise in good repair and pay any repairs up to $50.00, and all repairs caused by tenants, friends, or etc •.5-Security deposit to be returned if there are no damages and lease has been fulfilled. 6.Representative from WORKMAN REALTY, INC. TO visit property periodically. 7-Prorated October rent $52.39 less cleaning allowed $35.00 = $17,39 total October rent. Executed this the / / day of�/ , 1g_li. WORKMAN REALTY, INC. ��«�X��HX�X Manager TE£T .4L� TENANT (£) 1975 TEXAS STANDARD FORMS, P. 0. BOX 26, SAN ANT ONI O, TEXAS 78291 Form No. 4 -;- I GF9100177 TFTCo/Pearland/am Date: March 22, 1991 WARRANTY DEED Grantor: RICHARD M. CONWAY and wife, JEAN E. CONWAY; and LORNA DALEY ZEITLER, Individually and a� Independent Exec utrix of the Estate of EDWARD 0. ZEITLER, Deceased; and GEORGE A. NIXON, as Trustee of EDWARD 0. ZEITLER TRUST Grantor's Mailing Address (including c·ounty): Conway -504 Clearview, Galveston County, Friendswood, Tx.71546 Zeitler -{/4 Emerald Circle, Galveston County, Friend.swood, Tx. Nixon -3807 Millbridge, Harris County,H ouston, Texas·77059 INITJAL7 js46- ,l.:{� . .., ...... Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address (including county ): 109 Willowick Galveston County Friendswood, Texas 77546 Consideration: TEN AND N0/100 DOLLARS and other valuable consideration Property (inc luding any improvements): Part of Lot 2 in Block 6 of Friendswood, a Subdivision uf part of the Sarah McKissick or J. R. Wil liams League, in Galveston County, Texas, according to the � map thereof recorded in Volume 238, Page 14, -in the � office of the County Clerk of Galveston County, Texas, and being more particu larly desc ribed by metes and -� •· bounds as follows: � \ �BEGINNING at a point in the Northeast line of said Lot '() 0. \ Two (2) wh_ich point is North 45 deg. _00 min. West, a 11 \6 distance of��eet from the East corner of said Lot '-'l y,f/1' Two ( 2) ; 111 v cc:-� 9� THENCE from said beginning point continuing North 45 deg. 00 min. West, along .and with the Northeast li'ne of said Lot Two (2), a distance of 270 feet to the North corner of said Lot Two (2), which point is in the center line of a 60 foot road as sh o�n on map of record of Friendswood; THENCE South 45 deg. 00 min. West, along and with the center line of said road and the North west line of said Lot Two (2), a distance of 325 fe'et to a point for corner; THENCE West, continuing along the center line of said road and the North line of said Lot Two (2), a distance of �feet to a point for corner; �-fS THENCE South 45 deg. 00 min. West, continuing along the center line of said 60 foot road and the Northwest line of said Lot Two (2), a distance of 245 feet to a point for corner; THENCE South 45 deg. 00 min. East, a distance of 30 feet to a point for corner; THENCE North 45 deg. 00 min. East, and parallel with the Southeast line of said Lot Two (2), ·a distance of - 1 - � t� � m to �b7 Co %-� I\) !:I I �U) U) I\) U) / \7 'f \ �lE� � f\ \\,." To Lorna Zeitler ■4 Emerald Cicle ■Friendswood, Tx 77546 From Don Chaney ■P.O. Box 932 Speed Message ■Pearland, Tx 77588 Su�ect Tenant Information -Cowart Creek Apartments Date � Har ch. · i 5 19 2..L_ Information requested is listed below: APARTMENT TENANT RATE per/mo i Charles Villerosa i95.00 �t-1� Oh \� 2 Janice DeBolt 175.00 'f o...� <; c:, h lS-� 3 William Lidwell ft:::,G\..c.,� 210. 00 on)-4 Amy Arnold 195.00 �4 ':-<rt-On!- _ Address: Cowart Creek Apartments, 110 Shadwell, City Expiring Leases not renewed as previous Contract pending. Tenants on a month to month basis(veEbal) with a thirty day notice. � ·!XJN c'r-�EYManager WilsonJones ......00 ::,.Jllil,Af PAtfffCO IN U.�.A Carb on less City of 91tiend�wood Cay c:Eec'l.E.ta.'l.y ,� Dfflce � -:::::::::---�Ir -,---� ,,. , �, � ....... -,;_.,,.�1 � .......... ,. >',:::::> r ·: .·, .. ,,,... Signed ·,--1./;P/f",v. co \ "',"l u,[,., ,Z)..-,, • �A,-._ �.:.r.,� <.�Cl •.•r,_�.,,.,.') fill ''(,' , &. -.9f"' .. -''"�, ,')' ., \ ,� ✓ -"' .... � :Date �4-51/ 482-3323 87 FRIENDSWOOD, TEXAS 77546-3898 City of 9'l.i£nd1-wood PAUL W. SCHRADER Mayor Council members RON RITTER ROBERT WICKLANDER EVELYN NEWMAN ED STUART HAROLD RALEY 109 WILLOWICK 713/482-3323 FRIENDSWOOD, TEXAS 77546-3898 MARCH 27, 1991 TO: ALL TENANTS FROM: DELORIS ARCHER CITY SECRETARY THIS IS TO INFORM YOU THE PROPERTY YOU RESIDE IN HAS BEEN PURCHASED BY THE CITY OF FRIENSDWOOD. PLEASE SIGN THE ATTACHED LEASE AGREEMENT AND RETURN TO ME AS SOON AS POSSIBLE. THANK YOU .. A. FRANK FRANKOVICH RONALD E. COX City Manager DELORIS ARCHER, CMC City Secretary DATE:c.5!J1/'// fil PAGES INCLUDING � THIS PAGE: � � FRIENDSWOOD, TEXAS 77546-3898 Mayor City Manager City Secretary m 1//f-� /(4h-)C..//�/(_ � TEXAS ASSOCIATION· OF REAL·TODS; . RESIDENTIAL LEASE AGREEMENT . . "'f� . �\�� m . . William Lidw�ll I.PARTIES. This Lease Agreement 1s between _________________________ (Tenant(s)) and City of Friendswood (Landlord),whose address and phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unlessotherwise indicated. · · 2.LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located at (mailing address), _____________ _Cowart Creek Apartments, 110 Shadwell #3 Friendswood, Texas Gal vest on . County, Texas (zip) _.!..7.!..7�-5�4'-"6'---------or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the1st day of April , 191!._, and end.ing on the 3lSt day of_M_a--'y'-·-------- 19 9 l . This Lease will be automatically renewed on a month-to-month basis-unless written notice of termination is given bveither party at least 30 days before the end of the above lease term or any renewal or extension period. or unless another lease is signedby both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by bothparties, either party may terminate this Lease with a 30-day written notice. If occul?ancy of the Leased Premises is delayed becauseof construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain inforce subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate bygiving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s)and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD: At least thirty (30) days written notice of intent to vacate must be givento Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period.VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the last day of the month. following the expiration of the 30-day notice period;in other words, the last month's rent must be for a full IT\Onth without any prorations. Failure to give th/. 30-day written move-out notice will subject Tenant to liability for further rentals, cost of reletting charge in the amount of$ n a (not toexceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or extension period, Landlord shall use diligence to reletand Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience,paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative andoffice overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidatedsum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals,future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waiveor diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant'sliability for future rentals. 5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)"_.,,_l ""0-'9---"W'""i'"'l"""'i""o"-w"-..,_1· ""'c...,k .... , ___________ _ Friendswood Texas, Zip 7 7 546 , or at such other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of$ ( 2mon t hs ) Apri 1 & May payable in advance and without demand in equal monthly payments of$ 2 l O • 00 on or before the 3rd d�y of each month and continuing thereafter. until the total sum shall be paid. The prorated rent from the da(e of move-in to the first day ·of the following month is$ n/ a .The prorated portion is payable on the first day of the second . month of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th day of" the month, Tenant agrees to pay a late charge of $ 10 • 00 , plus an additional late charge of $ 2 • 00 per day thereafter until the rental payment is paid in full. Tenant agrees to pay a$ 1 5 • 00 charge (not to exceed $15.00) for each returned check, plus initial and daily latecharges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be$. _______ per day (not exceeding $10.00 per day). Tenant's right to possessionand Landlord's obligations are expressly contingent upon the prompt paymenfof rent, and the use of the Leased Premises by Tenantis obtained only on the cqndition that rent is paid in full on time. Landlord may require that all monthly payments be paid in one monthlycheck rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant. includinglate charges, charges for returned checks, and pet penalties. if any, then to rent, ·regardless of notations on the check. At Landlord'soption, Landlord may at any time require that all rent and other sums be paid in cash, cashier's check, certified check or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the executionof this Lease the sum of$ n /a as a security deposit (Deposit), for the faithful performance of-the terms and conditions of this Lease by Tenant. This Deposit shall notbe construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves assecurity for unpaid rent is a violation of V .T.C.A. Property Code §92.108. At least thirty (30) days written notice of intent to vacatemust be given to Landlord for refund of Deposit. Refunds shall be made in accordance with thi� Lease. Tenant shall not be entitledto interest on the Deposlt. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late .charges;(ii) unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv) replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandonedproperty; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admittelephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, bums, stainsor holes, etc .• in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and courtcosts incurred in any eviction proceeding against Tenant; and (xiv) other charges provi.ded for herein or agre� to by the parties hereto.Deposit will be first applied to non-rent items, including late charges, charges for returned checks, and pet penalties, if any, thento unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the LeasedPremises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State law. Landlord shall provideTenant a written description and itemized list of any deductions. The Landlord is not required to give the Tenant a description anditemized list of deductions if the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerningthe_ amount_ of rent owed. If deductions exceed the Deposit i Tenant agrees to pay Landlord the amount due within ten (10) days ofwritten notice to Tenant by Landlord. · · · · · 8. UTILITIES. Tenant shall pay for electricity, gas, water, ·wastewater, garbage, telephone, and cable TV. for the Leased Premises unless . otherwise indicated in Paragraph 32 below. Utilities shall be_ used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults and child r:en residing therein not to ex�eed . . Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (1_) the <;ondu<;t of any ?ffens,ve, noisy, or dangerous activity; (ii) repair of any vehicle; (iii) the conduct of any business of anytype, mcludmg child care: (1v) the conduct of any activity which violates any applicable deed, homeowners or subdivision restrictions; lnitials or Ttn:ant(s) __ (TAR-02J) J/90 Initials or Landlord or Landlord·� Rtprt\otntatl,·e __ l'AGI:: I of S or (v) any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other persons nc:ir the Leased Premises. Tenant shall not permit more than two vehicles (including but not limited to :iutomobilcs, trucks� recreational vehicles, trailers, motorcycles and boats) on the Leased. Premises unless authorized by Landlord in writing. Non-operative vehicles shall not be stored on the Leased Premises or on the street in front of or adjacent to the Leased Premises. Any of Tenant's vehicles which are deemed inoperable may be towed by Landlord ·or Landlord's Representative at Tenant's expense. The Leased Premises which are reserved for Tenant's private use shall be kept clean and sanitary by Tenant. Garbage shall be dispo_sed of only in appropriate receptacles. Tenant shall be liable to Landlord for damages caused by Tenant, Tenant's guests, or occupants. Guests may not stay in the Leased Premises longer than ten (10) consecutive days without Landlord's written permission. If provided, Landlord's written Rules and Regulations are hereby made a part of this Lease, and violation of the Rules and Regulations by Tenant, Tenant's guesis or other occupants of the Leased Premises shall be deemed a violation of this Lease. Landlord's Rules and Regulations include those imposed by either a condominium association or multi-tenant complex. 10.RESPONSIBILITY FOR CONDITION OF LEASED PREMISES. Tenant has thoroughly inspected and accepts the Leased Premises as is except for conditions materially affecting the health or safety of ordinary persons, and Landlord has made no implied warranties as to the condition of the Leased Premises and no agreements 'have been made regarding future repairs unless specified in this Lease. A Move-In Inventory and Condition Form will be provided to Tenant on or before move-in. The Move-In Inventory and Condition Form is to report the condition of the Leased Premises and is not a request for maintenance or repairs. Within 48 hours after move-in,Tenant shall note any defects or damages to the Leased Premises on the form and deliyer or mail said form to Landlord; failure ofTenant to return form to Landlord shall be deemed as Tenant's acceptance of the Leased Premises to be in clean and good condition.Landlord has provided locks and smoke detectors as required by law. Tenant has inspected the existing locks and latches and agreesthat they are safe and acceptable, subject to Landlord's duty_ to make needed repairs of same upon written request of .Tenant. Anyadditional locks or smoke detectors desired by Tenant may be installed at Tenant's expense only after written approval from Landlord.\Vhen installed, any additional items shall become the prop�ry ,of.Landlord. Tenant shall use reasonable diligence in the care of the Leased Premises and shall be responsible for: (i) costs of plumbing stoppages and damages from same caused by foreign or improper objects and no.� caused by Landlord's negligence in lines exclusively serving the Tenant's dwelling; (ii) damages to doors, windows. or screens not caused by Landlord's negligence; (iii) damages from windows or doors left open; (iv) supplying and changing heating and air conditioning filters at monthly intervals; (v) supplying and·replacing light bulbs and smoke detector batteries; (vi) maintaining and watering the yard, including shrubbery; any replacement due to Tenant's neglect in watering or maintenance shall be at Tenant's expense; any alteration of existing landscape must have written approval of Landlord; (vii) prompt removal of trash from the Leased Premises; (viii) eliminating any condition that may be dangerous to health and safety; (ix) cost of pest control except for wood destroying insects; (x) taking precautions to preclude broken water pipes due to freezing: (xi) lost or misplaced keys; (xii) damages resulting from Tenant's failure to promptly notify Landlord of needed repairs: and (xiii) maintenance of the following in good working order at Tenant's expense: Landlord not responsible for repairs during this 2 month term of lease. Tenant shall NOT: (i) make any repairs ot alterations to the Leased Premises without written permission from Landlord; (ii) remove any part of the Leased Premises or Landlord's property for any purpose; (iii) remove, change, or re-key any lock without permission of Landlord; (iv) make holes in the woodwork, floors or walls except that a reason�ble number of small nails may be used to hang pictures in sheetrock walls and grooves of paneling; (v) permit any water furniture in the Leased Premises without written permission of Landlord; (vi) install new or additional telephone or cable outlets without permission of Landlord; or (vii) replace, remove or shampoo carpet, paint or wallpaper without written permission of Landlord. Tenant agrees to· surrender the Leased Premises at the end of the term of this Lease and any extension or renewal thereof in the same condition as v,,pen received, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness, accident or abuse. 11.LIABILITY,. Landlord or Landlord's Representatives shall not be liable to Tenant, Tenant's guests, or other occupants, for any damages,injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruptionof utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Leased Premises, or other occurrences orcasualty losses unless such damage or injury is caused by the gross negligence of Landlord or Landlord's Representatives. Tenantagrees to notify Landlord immediately of any dangerous or potentially dangerous conditions on or about the Leased Premises. Landlord strongly ·recommends that Tenant secure his own insurance coverage for protection against such liabilities and losses. If Landlord, Landlord's Representatives, agents or employees are requested to render services nQt contemplated in this Lease, Tenant agrees tohold harmless Landlord and the others named above from all liability in connection with such services. 12.LANDLORD'S RESPONSIBILITY FOR REPAIRS. All requests by Tenant for repairs to be made by Landlord must be directed to Landlord or Landlord's Representatives in writing except'those caused by fire, interruption of utilities or such other emergency. LANDLORD'S DEFINITION OF EMERGENCIES: Problems that Landlord is liable for and materially affect the health or safety of an ordinary Tenant. An emergency is not a condition that merely causes inconvenience or discomfort to a Tenant. The Landlord does not have a duty to repair or remedy a condition caused during the term of this Lease by the Tenant, a lawful occupant in theTenant's dwelling, a member of the Tenant's family, or a guest of the Tenant' unless the condition was caused by normal wear andtear. Landlord shall have the right to temporarily discontinue utilities and the use of any fixtures or appliances by Tenant if the interruptionresults from bona fide repairs, construction, or an emergency. Landlord shall act with due diligence but shall not be obligated to makerepairs on other than a business day except in the event of an emergency. No deductions shall be allowed in the rent during reasonableperiods of repair to the Leased Premises and this Lease shall remain in full force. If, in the opinion of Landlord, the Leased Premisesare substantially damaged by fire or other casualty loss, Landlord may terminate this Lease upon reasonable notice to Tenant. In thisevent, the rent shall be prorated to the date of termination and Deposit(s) refunded less lawful deductions. 13.REIMBURSEMENT. Tenant shall promptly reimburse Landlord for any loss, property damage, or cost of repairs or servi�e to thedwelling caused by negligence or by improper use by Tenant, Tenant's guests, or other occupants unles·s repairs have been properlymade by Tenant pursuant to requirements or permission set forth in this Lease. Such reimbursement is due when Landlord makes demand. Landlord's failure or delay in demanding damage reimbursement, late payment charges, returned check charges, or other sums due by Tenant shall not be deemed a waiver and Landlord may require payment of same at any time. including deductions from Deposit. Landlord may require advance payment of repairs for which Tenant is liable. 14.LANDLORD ACCESS. Landlord, Landlord's Representatives and other persons specifically authorized by either of them may enterthe Leased Premises by reasonable means at reasonable times without notice to: (i) inspect the Leased Premises; (ii) make repairs;(iii)show the Leased Premises to prospective Tenants or purchasers, governmental inspectors, fire marshals, lenders, appraisers, insuranceagents; and (iv) exercise a contractual lien. 15.DEFAULT BY TENANT. If Tenant fails to pay rent or other lawful charges when. due or if Tenant fails to reimburse Landlordfor damages, repairs, or other costs when due as provided in this Lease, or if Tenant abandons the Leased Premises, or if Tenant,Tenant's guests or other occupants violate this Lease or Landlord's Rules and Regulations (if provided) or applicable state or locallaws, Landlord or Landlord's Representative may terminate Tenant's right of occupancy by giving Tenant three (3) days'. notice tovacate in writing; except however, notice may be by mail or personal delivery to Tenant or left in a conspicuous place inside theLeased Premises. Such termination does not release Tenant .from liability for future rentals. Landlord's acceptance of rent or other sums due after Landlord gives Tenant notice to vacate or after Landlord files eviction suit shall not diminish Landlord's right of eviction and shall not waive Landlord's right of property damage. past or future rent. or other sums due. If Landlord prevails in any suit for eviction, unpaid rentals, charges or damages, TeQant shall be liable fo: Landlord's administrative cos �s, court costs Initials or T<nant(s) __ . (T AR.024) J/90 lnlthlls or Landlord or Landlord's RtprtKntath,.t __ ' PACE 2 or S and reasonable attorney's fees and all amounts shall bear 10% interest from due date. If Tenant's rent is delinquent, Landlord shall not be obligated to continue utilities which are furnished and paid for by Landlord. Landlord may report unpaid rentals or unpaid damages to the local credit bureau for permanent recordation in Tenant's credit record. 16.TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO REPAIR OR REMEDY A CONDITION. Where Landlord has a duty to repair or remedy a condition materially affecting the physical health or safety of an. ordinary tenant, Tenant may terminate thisLease, wit!1hold rent, offset rent against needed repairs, or pursue judicial remedies only when the following procedures are followed: (I)the Tenant has given Landlord prior written notice to repair or remedy a condition which materially affects the physical healthor safety of an ordinary tenant; (2) the Landlord has had a reasonable time to repair or remedy the condition, considering the nature of the problem and the reasonable availability of materials. labor. and utilities from a utility company; (3) the Landlord has not made a diligent effort to repair or remedy the condition; (4) the Tenant has givr n subsequent written notice to Landlord stating that Tenantintends to terminate the lease, exercise repair and deduct remedies. or pursue judicial remedies; and (5) the Tenant is not delinquentin the payment of rent when the notices were given. 17.ACCELERA TYON. If. in violation hereof, Tenant or Tenant's agent gi""S notice of int�rit to move out more than thirty (30) daysprior to the end of the lease term or renewal or extension period, or if Tenant moves out or removes property from the Leased Premisesin contemplation of moving therefrom prior to the end of the lease term or renewal or extension period, or if Tenant is evicted bycourt order, then all monthly rentals which are payable during the remainder of the lease term or renewal or extension period shall be accelerated without notice or demand and shall be immediately due and payable. Such right of acceleration is in lieu of having rentals for the entire lease term payable at the beginning of the Lease. 18.HOLDOVER. If Tenant fails to vacate on or before the required move-out date (i.e., the end of the lease term or renewal or extension period after proper move-out or vacate notice has been given under !':iragraph 4, or a different move-out date agreed to by the j)arties in writing). Tenant shall be liable to pay rent for the holdover period and to indemnify Landlord and/or prospective tenants for damages. (including lost rentals, lodging expenses, and attorney's fees); and at Landlord's option. Landlord may extend the lease term for up to one month from the date of notice of lease extension date by delivering written notice to Tenant or Tenant's dwelling while Tenant is still holding over. Rent for any holdover period shall be immediately-due and payable-on a daily basis and delinquent without notice or demand. Tenant understands and acknowledges that Tenant will be considered in possession of Leased Premises and liable for payment of rent for the holdover period until all keys to the Leased Premises are returned to Landlord and all personal property is removed. 19.CONTRACTUAL LIEN. To secure payment of delinquent rent under this Lease, all personal property on the Leased Premises and property that Tenant has stored in any storage room (except the property.exempted by statute) is hereby subject to a contractual landlord's lien. This contractual lien is in addition to the statutory landlord:s lien provided by Section 54.041 of the Property Code. In order to exercise contractual lien rights, Landlord or Landlord's Representative may peacefully_enter the Leased Premises (and any storagefacilities) and remove and store all property therein, except property exempt by statute; immediately after seizing non-exempt property,the Landlord or Landlord's Representative shall leave in a conspicuous place within the dwelling, written notice of entry and an itemizedlist of the items removed. The notice must state the amount of delinquent rent and the naine, address, and telephone number of theperson the Tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent. Landlord is entitled to co'Jlect a charge for packing, removing, and/or storing property seized. If Tenant has abandoned the premises, or has been evicted by judicial process, Landlord or Landlord,'s Representative, may peacefullyenter, remove, and store all property still remaining on or in the Leased Premises. There shall be no sale or disposition of any ofthe foregoing property except pursuant to this Lease. Landlord may sell such property at a public or private sale (subject to any recordedchattel mortgage or financing statement) after thirty (30) days' written notice of time and place of sale is sent to Tenant by both firstclass mail and certified mail, return receipt requested, at Tenant's last known address. The notice must contain: (I) the date, timeand place of the sale; (2) an itemized account of the amount owed by the Tenant to the Landlord; and (3) the name, address andtelephone number of the person the Tenant may contact regarding the sale, the amount owed, and the right of the Tenant to redeem the property at any time before the property is sold by paying to the Landlord or the Landlord's Representative all delinquent rents and reasonable packing, moving, and storage costs. The sale of the non-exempt property shall be to the highest cash bidder with proceeds appiied first to delinquent rents, packing, moving, storage and sale costs. Surplus proceeds, if any, shall be mailed to Tenant at Tenant'slast known address not later than the 30th day after the date of sale. Landlord shall provide Tenant with an accounting of all proceeds of the sale not later than the 30th day after the date on which Tenant makes a written request for the accounting. It is agreed that none of the above procedures shall necessitate prior court hearing or subject Landlord to any liability. Tenant hereby specifically waives any right he/she may have for a due process hearing prior to the removal of property. 20.CLEANING. The Leased Premises, including bathrooms, furnitl!re, and appliances, must be cleaned thoroughly. If Tenant fails to clean in accordance with the above, reasonable charges to complete such cleaning shall be deducted from the Deposit includingbut not limited to charges for cleaning ca_rpets, draperies, furniture, walls, etc. 2 I. PETS. Tenant shall not permit any pet on the Leased Premises, even temporarily, unless otherwise �greed to by Landlord in writing. 22.FAILURE TO PAY FIRST MONTH'S RENT. All future rent shall be accelerated and immediately due and payable if Tenant failsto pay the first month's rent by the first day of the first rental period under this Lease. In such event, Landlord may terminate Tenant'sright of occupancy and sue for damages, future rentals, attorney's fees, court costs and other lawful charges. 23.RENT INCREASES. No rent increases shall be allowed during the lease term. At least thirty (30) days prior written notice is-requiredfor any rent increase. If such notice of rent increase is given to Tenant, this Lease shall automatically continue on a month-to-monthbasis at the increased rental rate beginning on the effective date of rental increase. 24.ASSIGNMENT AND SUBLETTING AND BINDING NATURE .. Tenant shall not assign this Lease nor sublet the Leased Premisesor any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consent of Landlord shall be void and shall, at the option of Landlord, terminate this Lease. This Lease shall be binding upon and inure to the benefit of the parties to this Lease and their respective heirs, executors, administrators, legal representatives, successors, and permittedassigns. 25.SUBORDINATION OF LEASE. · This Lease and Tenant's leasehold interest under this 'Lease are and shall be subject, subordinate,and inferior to any lien or encumbrance now or hereafter placed on the Leased Premises by Landlord, td all advances made under any such lien or encumbrance, to the interest payable on any such lien or encumbrance. and to any and all renewals and extensions of any such lien or encumbrances. 26.MILITARY. If Tenant is or becomes a member of-the Armed Forces on extended active duty and receives permanent change of station (PCS) orders to leave the County in which the Leased Premises is located, or is relieved from such active duty, then Tenantmay terminate the Lease by giving thirty (30) days written notice, with a certified copy of the military orders attached, provided Tenant is not otherwise in default. (Military orders authorizing base housing do not constitute grounds for-termination unless specially waived.) 27.SIGNS. During the last N/ A days of this Lease, a "For Sale" sign and/or a "For Lease" sign may be displayed onthe Leased Premises. 28.BROKER'S FEE. Landlord acknowledges N / A to be the Listing Broker. Landlord agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Landlord. 29.TIME OF ESSENCE. Time is expressly declared to be of the essence in this Lease. 30.GENERAL. No oral agreements have been entered into and thi'S Lease shall not be modified unless by written addendum. This is the entire agreement. IN THE EVENT OF MORE THAN ONE TENANT, EACH TENANT IS JOINTLY AND SEVERALLY LIABLE FOR EACH PROVISION OF THIS LEASE. Any act or notice of or to. or refund to, or the signature of, any one or more of theTenants, in relation to the renewal or termination of this Lease, or with respect to any of the terms of this Lease shall be fully binding on all of the persons executing this Lease as Tenants. Each of the undersigned states that he/she is of legal age to enter into a bindingcontract for lodging. This Lease shall be construed under and in accordance with the laws of the State of Texas and all obligations hereunder arc to be performed in the county in whic_h the Leased Premises arc located. In any lawsuit involving contractual or statutory obligations of Landlord or Tenant and originating in justice. county; or district court. the prevailing party shall be entitled to recover attorney's fees and all other costs of litigation from the nonprevailing pany. All amounts in any lawsuit judgment shall bear 10% Initials of Ttn:mt(�l __ (T/\R-024) 3/90 lniti:..I, of l.orndlord or Landlord's Rt:pr�t:nlali\"t' __ PAGE J or 5 '- interest from due date. Unless otherwise stated in this Lease. all 1sums owed by Tenant are due on demand. Landlord's past delay.waiver. or nonenforcement of acceleration. contractual lien. rental due date. or any·other right, shall not be deemed to be a waiverof :iny other breach by Tenant of any other term. condition, or covenant contained in this Lease. This Lease is binding on subsequentowners of the Leased Premises. Any clause in this Lease cir addendum, if any. declared invalid by law shall not terminate or invalidatethe remainder of this Lease. 31.RELATED DOCUMENTS. Incorporated into this Lease arc the following documents (if checked): _X __ Tenant's Application for Rental ___ Pet Agreement N/ A Texas Real Estate Commission Agency Disclosure Form _X __ Mov.e-In Inventory and Condition Form[for leases in excess of twelve (12) months] X -- ----------------Landlord's Rules and Regulations All Tenant's statements in Tenant's Application for Rental are material representations relied upon by Landlord or Landlord'sRepresentative. Any misrepresentation shall constitute a breach of this Lease and Landlord may terminate same. 32.SPECIAL PROVISIONS. The following special provisions and any addenda or attachments shall control over any conflicting provisionsof this printed lease form. Tenant agrees to vacate said property on or before the 31st of May, 1991. 33.CONDEMNATION: If during the term of this Lease or any extension or renewal of this Lease, all of the Leased Premises are takenfor any public or quasi-public use under any governmental Jaw, ordinance, or regulation, or by right of eminent domain, or are soldto the condemning authority under threat of condemnation, this Lease will terminate, and the rent will be abated during the unexpiredportion of this Lease, effective as of the date of the taking of the premises by the condemning authority. If Jess than all of the LeasedPremises are taken for any public or quasi-public use under any governmental Jaw, ordinance, or regulation, or by right of eminentdomain, or are sold to the condemning authority under threat of condemnation, l.andlord may, at Landlord's sole option, either terminatethis Lease or restore and reconstruct the building and other improvements situated on the Leased Premises at Landlord's own expense,provided that restoration and reconstruction will make the Leased Premises reasonably tenantable and suitable for use as a residence.If Landlord does not terminate this Lease but instead restores and reconstructs the building and other improvements situated on theLeased Premises, then the rent payable during the unexpired portion of this Lease will be adjusted equitably. THIS LEASE AGREEMENT and any addendum hereto has been executed in multiple copies, one for Tenant and one or morefor Landlord. THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PARTOF THIS AGREEMENT, SEEK COMPETENT LEGAL ADVICE. TENANT or TENANTS (JJJ� /l{ _ �'U.M Date:------------------:-- Phone: LANDLORD OR LANDLORD'S REPRESENTATIVE City_gf Friendswood 109 Willowick ·� mod; :;e�� - • � ,der�i . au • c re Address and Phone of Landlord or Landlord's Representative:City bf Eiiendswaad (Finance Dept ) 109 Willowick Friendswaad, Texas 77546 Date: _________ _,_ __________ _ AGREEMENT BETWEEN BROKERS Listing broker agrees to pay N/ A , Co-Broker, a fee of$ _______ or _______ % of the gross rent when the Broker's fee described in Paragraph 281s received. In the event this Lease is extended or renewed, Listing Broker agrees to pay Co-Broker an additional fee of$ N /A · or N /A % of the total rentfor such extension or renewal period when Listing Broker receives said additional fee from Landlord as specified by separate agreementbetween Listing Broker and Landlord. In the event Landlord sells, exchanges or otherwise transfers a legal or equitable interest (excludinga lease or rental) to the Leased Premises to Tenant during the term of the Lease, inc�uding any renewal or extension thereof, or within N/ A days ai'ter termination of th� Leas�, which,.:ver occurs later, Listing Broker agrees to pay Co-Brc·!<er a fee of $ NI A or NI A % of the sales price or exchange value of the Leased Premises when Listing Broker rl!ceives the fee for such sale, exchange or transfer from Landlord as specified by separate agreement between Listing Broker and Landlord. Co-Broker License No. Listing Broker License No. By: ___ -= By:_�------ _ Co-Broker's Address Listing Broker?s Address Telephone Number Telephone Number (NOTE: This form is furnished by the Texas Association of REALTORS for the convenience of its members.) Initials of Tc:n:.nt(s) __ (T AR-024) J/90 Initial> or Landlord or Landlord'• Rt pr..,ntatlvt __ PAGE 4 or 5 FRIENDSWOOD, TEXAS 77546-3898 Councilmemt>ers DelotlS ArC� e� ·m y'/(-�/ldw-,<!/�I(_ TEXAS ASSOCIATION OF REALTOR �; RESIDENTIAL LEASE AGREEMENT ··:."'�4 ��-i<" [mJ I.PARTIES. This Lease Agreement is between William Lidwell (Tenant(s)) and City of Friendswood (Landlord), whose address and phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unless otherwise indicated. 2.LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located at (mailing address), _____________ _Cowart Creek Apartments, 110 Shadwell /13 Friendswood, Texas Galveston . County, Texas (zip) _...,_7...,7...:-5::....4.:..;6::,_ _______ _or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the1st day of April , 19�, and ending on the 3lSt day of_M_a_,y,_· _______ _ 19 91 . This Lease will be automatically renewed on a month-to-month basis unless written notice of termination is given bveither party at least 30 days before the end of the above lease term or any renewal or extension period, or unless another lease is signedby both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by bothparties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed becauseof construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain inforce subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate bygiving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s)and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At least thirty (30) days written notice of intent to vacate must be given to Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period. VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period;in other words, the last month's rent must be for a full month without any prorations. Failure to give th/. 30-day written move-out notice will subject Tenant to liability for further rentals, cost of reletting charge in the amount of$ n a (not toexceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or extension period, Landlord shall use diligence to reletand Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience,paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative andoffice overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidatedsum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals,future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waiveor diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant'sliability for future rentals. 5.RENT. Tenant agrees to and shall pay Landiord at (mailing address)'_-=l�0!...9!..-W!!.±i-=l-=i�o,!..!w�1.a!a.· c�ku,�----------­Fr iendswood Texas, Zip 7 7 546 , or at such other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of$ (2months)April & -May payable in advance and without demand in equal monthly payments of$ ZlO • 00 on or before the 3rd day of each month and continuing thereafter until the total sum shall be paid. The prorated rent from the date of move-in to the first day 'of the following month is$ n/ a . The prorated portion is payable on the first day of the second month of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th day of the month, Tenant agrees to pay a late charge of $ 10 · 00 , plus an additional late charge of $ 2 • 00 per day thereafter until the rental payment is paid in full. Tenant agrees to pay a$ 15 • 00 charge (not to exceed $15.00) for each returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be $, _______ per day (not exceeding $10.00 per day). Tenant's right to possession and Landlord's obligations are expressly contingent upon the prompt paymenfof rent, and the use of the Leased Premises by Tenant is obtained only on the condition that rent is paid in full on time. Landlord may require that all monthly payments be paid in one monthly check rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant, including late charges, charges for returned checks, and pet penalties, if any, then to rent, regardless of notations on the check. At Landlord's option, Landlord may at any time require that all rent and other sums be paid in cash, cashier's check, certified check or money order. 6.SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the execution of this Lease the sum of$ n / a as a security deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves as security for unpaid rent is a violation of V.T.C.A. Property Code §92.108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this Lease. Tenant shall not be entitled to interest on the Deposit. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii)unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv)replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandonedproperty; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admittelephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stainsor holes, etc., in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and courtcosts incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by the parties hereto.Deposit will be first applied to non-rent items, including late charges, charges for returned checks, and pet penalties, if any. thento unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the Leased Premises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State Jaw. Landlord shall provide Tenant a written description and itemized list of any deductions. 'The Landlord is not required to give the Tenant a description and itemized list of deductions if the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerning the amount of rent owed. If deductions exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten (10) days of written notice to Tenant by Landlord. 8.UTILITIES. Tenant shall pay for electricity, gas, water, wastewater, garbage, telephone, and cable TV for the Leased Premises unless . otherwise indicated in Paragraph 32 below. Utilities shall be_ used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults and child�en residing therein not to exceed _______ . Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (1) the conduct of any offensive, noisy, or dangerous activity; (ii) repair of any vehicle; (iii) the conduct of any business of anytype. including child care: (iv) the conduct of any activity which violates any applicable deed, homeowners or subdivision restrictions; Initials of Ttrunt(s) __ (TAR-02�) 3/90 Initials or Landlord or l�ndlord's Rcprt"Cntativc __ PAGE I of 5 or (v) any purpose or in any manner which will obstruct. interfere with, or infringe on the rights of other persons near the Leased Premises. Tenant shall not permit more than two vehicles (including but not limited to automobiles. trucks.· recreational vehicles, trailers, motorcycles and boats) on the Leased Premises unless authorized by Landlord in writing. Non-operative vehicles shall not be stored on the Leased Premises or on the street in front of or adjacent to the Leased Premises. Any of Tenant's vehicles which are deemed inoperable may be towed by Landlord ·or Landlord's Representative at Tenant's expense. The Leased Premises which are reserved for Tenant's private use shall be kept clean and sanitary by Tenant. Garbage shall be disposed of only in appropriate receptacles. Tenant shall be liable to Landlord for damages caused by Tenant, Tenant's guests, or occupants. Guests may not stay in the Leased Premises longer than ten (10) consecutive days without Landlord's written permission. If provided, Landlord's written Rules and Regulations arc hereby made a part of this Lease. and violation of the Rules and Regulations by Tenant. Tenant's guesis or other occupants of the Leased Premises shall be deemed a violation of this Lease. Laridlord's Rules and Regulations include those imposed by either a condominium association or multi-tenant complex. 10.RESPONSIBILITY FOR CONDITION OF LEASED PREMISES. Tenant has thoroughly inspected and accepts the Leased Premises as is except for conditions materially affecting the health or safety of ordinary persons, and Landlord has made no implied warranties as to the condition of the Leased Premises and no agreements have been made regarding future repairs unless specified in this Lease. A Move-In Inventory and Condition Form will be provided to Tenant on or before move-in. The Move-In Inventory and Condition Form is to report the condition of the Leased Premises and is not a request for maintenance or repairs. Within 48 hours after move-in.Tenant shall note any defects or damages to the Leased Premises on the form and deliver or mail said form to Landlord; failure of Tenant to return form to Landlord shall be deemed as Tenant's acceptance of the Leased Premises to be in clean and good condition. Landlord has provided locks and smoke detectors as required by Jaw. Tenant has inspected the existing locks and latches and agrees that they arc safe and acceptable, subject to Landlord's duty to make needed repairs of same upon written request of Tenant. Any additional locks or smoke detectors desired by Tenant may be installed at Tenant's expense only after written approval from Landlord.\Vhen installed, any additional items shall become the propC?!Jy,of _Landlord. Tenant shall use reasonable diligence in the care of the Leased Premises and shall be responsible for: (i) costs of plumbing stoppages and damages from same caused by foreign or improper objects and noi. caused by Landlord's negligence in lines exclusively serving the Tenant's dwelling; (ii) damages to doors. windows, or screens not caused by Landlord's negligence; (iii) damages from windows or doors left open; (iv) supplying and changing heating and air conditioning filters at monthly intervals; (v) supplying and replacing light bulbs and smoke detector batteries; (vi) maintaining and watering the yard, including shrubbery; any replacement due to Tenant's neglect in watering or maintenance shall be at Tenant's expense; any alteration of existing landscape must have written approval of Landlord; (vii) prompt removal of trash from the Leased Premises; (viii) eliminating any condition that may be dangerous to health and safety; (ix) cost of pest control except for wood destroying insects; (x) taking precautions to preclude broken water pipes due to freezing: (xi) lost or misplaced keys: (xii) damages resulting from Tenant's failure to promptly notify Landlord of needed repairs; and (xiii) maintenance of the following in good working order at Tenant's expense: Landlord not responsible for repairs during this 2 month term of lease. Tenant shall NOT: (i) make any repairs o� alterations to the Leased Premises without written permission from Landlord; (ii) remove any part of the Leased Premises or Landlord's property for any purpose; (iii) remove, change, or re-key any lock without permission of Landlord; (iv) make holes in the woodwork, floors or walls except that a reasonable number of small nails may be used to hang pictures in sheetrock walls and grooves of paneling; (v) permit any water furniture in the Leased Premises without written permission of Landlord: (vi) install new or additional telephone or cable outlets without permission of Landlord: or (vii) replace, remove or shampoo carpet, paint or wallpaper without written permission of Landlord. Tenant agrees to surrender the Leased Premises at the end of the term of this Lease and any extension or renewal thereof in the same condition as when received, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness, accident or abuse. 11.LIABILITY_. Landlord or Landlord's Representatives shall not be liable to Tenant, Tenant's guests, or other occupants, for any damages,injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruptionof utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Leased Premises, or other occurrences or casualty losses unless such damage or injury is caused by the gross negligence of Landlord or Landlord's Representatives. Tenant agrees to notify Landlord immediately of any dangerous or potentially dangerous conditions on or about the Leased Premises. Landlord strongly ·recommends that Tenant secure his own insurance coverage for protection against such liabilities and losses. If Landlord, Landlord's Representatives, agents or employees are requested to render services not contemplated in this Lease, Tenant agrees to hold harmless Landlord and the others named above from all liability in connection with such services. 12.LANDLORD'S RESPONSIBILITY FOR REPAIRS. All requests by Tenant for repairs to be made by Landlord must be directed to Landlord or Landlord's Representatives in writing except those caused by fire, interruption of utilities or such other emergency. LANDLORD'S DEFINITION OF EMERGENCIES: Problems that Landlord is liable for and materially affect the health or safety of an ordinary Tenant. An emergency is not a condition that merely causes inconvenience or discomfort to a Tenant. The Landlord does not have a duty to repair or remedy a condition caused during the term of this Lease by the Tenant, a lawful occupant in theTenant's dwelling, a member of the Tenant's family, or a guest of the Tenant unless the condition was caused by normal wear andtear. Landlord shall have the right to temporarily discontinue utilities and the use of any fixtures or appliances by Tenant if the interruption results from bona fide repairs, construction, or an emergency. Landlord shall act with due diligence but shall not be obligated to makerepairs on other than a business day except in the event of an emergency. No deductions shall be allowed in the rent during reasonable periods of repair to the Leased Premises and this Lease shall remain in full force. If, in the opinion of Landlord, the Leased Premisesare substantially damaged by fire or other casualty Joss, Landlord may terminate this Lease upon reasonable notice to Tenant. In thisevent, the rent shall be prorated to the date of termination and Deposit(s) refunded less lawful deductions. 13.REIMBURSEMENT. Tenant shall promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to thedwelling caused by negligence or by improper use by Tenant, Tenant's guests, or other occupants unless repairs have been properly made by Tenant pursuant to requirements or permission set forth in this Lease. Such reimbursement is due when Landlord makes demand. Landlord's failure or delay in demanding damage reimbursement, late payment charges, returned check charges, or other sums due by Tenant shall not be deemed a waiver and Landlord may require payment of same at any time. including deductions from Deposit. Landlord may require advance payment of repairs for which Tenant is liable. 14.LANDLORD ACCESS. Landlord, Landlord's Representatives and other persons specifically authorized by either of them may enterthe Leased Premises by reasonable means at reasonable times without notice to: (i) inspect the Leased Premises; (ii) make repairs: (iii) show the Leased Premises to prospective Tenants or purchasers, governmental inspectors, fire marshals, lenders, appraisers, insuranceagents; and (iv) exercise a contractual lien. 15.DEFAULT BY TENANT. If Tenant fails to pay rent or other lawful charges when due or if Tenant fails to reimburse Landlordfor damages, repairs, or other costs when due as provided in this Lease, or if Tenant abandons the Leased Premises, or if Tenant, Tenant's guests or other occupants violate this Lease or Landlord's Rules and Regulations (if provided) or applicable state or local laws, Landlord or Landlord's Representative may terminate Tenant's right of occupancy by giving Tenant three (3) days' notice to vacate in writing; except however, notice may be by mail or personal delivery to Tenant or left in a conspicuous place inside the Leased Premises. Such termination does not release Tenant from liability for future rentals. Landlord's acceptance of rent or other sums due after Landlord gives Tenant notice to vacate or after Landlord files eviction suit shall not diminish Landlord's right of eviction and shall not waive Landlord's right of property damage. past or future rent. or other sums due. If Landlord prevails in any suit for eviction, unpaid rentals, charges or damages, Tenant shall be liable for Landlord's administrative costs, court costs Initials or Tcnant(s) __ . (T AR-024) J/90 Initials or Landlord or Landlord's Representatin __ PACE 2 of 5 ' interest from due date. Unless otherwise stated in this Lease, all •sums owed by Tenant are due on demand. Landlord's past delay. waiver. or nonenforcement of acceleration, contractual lien, rental due date, or any other right, shall not be deemed to be a waiver of any other breach by Tenant of any other term, condition, or covenant contained in this Lease. This Lease is binding on subsequent owners of the Leased Premises. Any clause in this Lease or addendum, if any, declared invalid by law shall not terminate or invalidate the remainder of this Lease. 31.RELATED DOCUMENTS. Incorporated into this Lease are the following documents (if checked); _X __ Tenant's Application for Rental ___ Pet Agreement N/ A Texas Real Estate Commission Agency Disclosure Form _X __ Move-In Inventory and Condition Form [for leases in excess of twelve (12) months) _x __ Landlord's Rules and Regulations --- All Tenant's statements in Tenant's Application for Rental are material representations relied upon by Landlord or Landlord's Representative. Any misrepresentation shall constitute a breach of this Lease and Landlord may terminate same. 32.SPECIAL PROVISIONS. The following special provisions and any addenda or attachments shall control over any conflicting provisionsof this printed lease form. Tenant agrees to vacate said property on or before the 31st of May, 1991. 33.CONDEMNATION: If during the term of this Lease or any extension or renewal of this Lease, all of the Leased Premises are takenfor any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or are soldto the condemning authority under threat of condemnation, this Lease will terminate, and the rent will be abated during the unexpiredportion of this Lease, effective as of the date of the taking of the premises by the condemning authority. If less than all of the LeasedPremises are taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminentdomain, or are sold to the condemning authority under threat of condemnation, Landlord may, at Landlord's sole option, either terminatethis Lease or restore and reconstruct the building and other improvements situated on the Leased Premises at Landlord's own expense,provided that restoration and reconstruction will make the Leased Premises reasonably tenantable and suitable for use as a residence.If Landlord does not terminate this Lease but instead restores and reconstructs the building and other improvements situated on theLeased Premises, then the rent payable during the unexpired portion of this Lease will be adjusted equitably.THIS LEASE AGREEMENT and any addendum hereto has been executed in multiple copies, one for Tenant and one or morefor Landlord.THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PARTOF THIS AGREEMENT, SEEK COMPETENT LEGAL ADVICE. TENANT or TENANTS {/JJ�ll{/&1� Date: _____________________ _ Phone: LANDLORD OR LANDLORD'S REPRESENTATIVE City of Friendswood 109 Willowick � Jood. T��546_/v � .. -.....-.i n ,der �w.:� au • c re Address and Pho'ne of Landlord or Landlord's Representative: City of Friendswood (Finance Depr ) 109 Willowick Friendswood, Texas 77546 Date: ____________________ _ AGREEMENT BETWEEN BROKERS Listing broker agrees to pay N/ A , Co-Broker, a fee of$ _______ or _______ % of the gross rent when the Broker's fee described in Paragraph 28 ls received. In the event this Lease is extended or renewed, Listing Broker agrees to pay Co-Broker an additional fee of$ N /A or N /A % of the total rent for such extension or renewal period when Listing Broker receives said additional fee from Landlord as specified by separate agreement between Listing Broker and Landlord. In the event Landlord sells, exchanges or otherwise transfers a legal or equitable interest (excluding a lease or rental) to the Leased Premises to Tenant during the term of the Lease, inc�uding any renewal or extension thereof, or within N/ A days after termination of th� Leas".'., which,.,ver occurs later, Listing Broker agrees to pay Co-Brcker a fee of $ NI A or N / A % of the sales price or exchange value of the Leased Premises when Listing Broker r�eives the fee for such sale, exchange or transfer from Landlord as specified by separate agreement between Listing Broker and Landlord. Co-Broker License No. Listing Broker License No. By: __ � By: _________ _ Co-Broker's Address Listing Broker's Address Telephone Number Telephone Number (NOTE: This form is furnished by the Texas Association of REALTORS for the convenience of its members.) Initials of TcnAnt(s) __ CT AR-024) 3/90 Initials of Landlord or Landlord's Representative __ PAGE 4 or S " -� and reasonable attorney's fees and all amounts shalJ bear 10% interest from due date. If Tenant's rent is delinquent, Landlord shall not be obligated to continue utilities which are furnished and paid for by Landlord. Landlord may report unpaid rentals or unpaid damages to the local credit bureau for permanent recordation in Tenant's credit record. 16.TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO REPAIR OR REMEDY A CONDITION. Where Landlord has a duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant. Tenant may terminate this Lease. withhold rent. offset rent against needed repairs. or pursue judicial remedies only when the following procedures are followed: (I)the Tenant has given Landlord prior written notice to repair or remedy a condition which materially affects the physical health or safety of an ordinary tenant; (2) the Landlord has had a reasonable time to repair or remedy the condition, considering the nature of the problem and the reasonable availability of materials. labor. and utilities from a utility company; (3) the Landlord has not made a diligent effort to repair or remedy the condition: (4) the Tenant has givr n subsequent written notice to Landlord stating that Tenant intends to terminate the lease. exercise repair and deduct remedies. or r,ursue judicial remedies: and (5) the Tenant is not delinquent in the payment of rent when the notices were given. 17. ACCELERATION. If. in violation hereof, Tenant or Tenant's agent giv"s notice of intent to move out more than thirty (30) days prior to the end of the lease term or renewal or extension period. or if Tenant moves out or removes property from the Leased Premises in contemplation of moving therefrom prior to the end of the lease term or renewal or extension period. or if Tenant is evicted by court order. then all monthly rentals which are payable during the remainder of the lease term or renewal or extension period shall be accelerated without notice or demand and shall be immediately due and payable. Such right of acceleration is in lieu of having rentals for the entire lease term payable at the beginning of the Lease. I 8. HOLDOVER. If Tenant fails to vacate on or before the required move-out date (i.e., the end of the lease term or renewal or extension period after proper move-out or vacate notice has beer. given under !'aragraph 4. or a different move-out date agreed to by the parties in writing). Tenant shall be liable to pay rent for the holdover period and to indemnify Landlord and/or prospective tenants for damages . (including lost rentals. lodging expenses, and attorney's fees): and at Landlord's option. Landlord may extend the lease term for up to one month from the date of notice of lease extension date by delivering written notice to Tenant or Tenant's dwelling while Tenant is still holding over. Rent for any holdover period shall be immediately due and payable on a daily basis and delinquent without notice or demand. Tenant understands and acknowledges that Tenant will be considered in possession of Leased Premises and liable for payment of rent for the holdover period until all keys to the Leased Premises are returned to Landlord and all personal property is removed. 19.CONTRACTUAL LIEN. To secure payment of delinquent rent under this Lease. all personal property on the Leased Premises and property that Tenant has stored in any storage room (except the property exempted by statute) is hereby subject to a contractual landlord's lien. This contractual lien is in addition to the statutory landlord's lien provided by Section 54.041 of the Property Code. In order to exercise contractual lien rights, Landlord or Landlord's Representative may peacefuJJy enter the Leased Premises (and any storage facilities) and remove and store all property therein, except property exempt by statute; immediately after seizing non-exempt property. the Landlord or Landlord's Representative shall leave in a conspicuous place within the dwelJing, written notice of entry and an itemized list of the items removed. The notice must state the amount of delinquent rent and the name. address, and telephone number of the person the Tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on fuJJ payment of the delinquent rent. Landlord is entitled to colJect a charge for packing, removing, and/or storing property seized. If Tenant has abandoned the premises, or has been evicted by judicial process, Landlord or Landlord's Representative, may peacefulJy enter, remove, and store alJ property still remaining on or in the Leased Premises. There shall be no sale or disposition of any of the foregoing property except pursuant to this Lease. Landlord may sell such property at a public or private sale (subject to any recorded chattel mortgage or financing statement) after thirty (30) days· written notice of time and place of sale is sent to Tenant by both first class mail and certified mail, return receipt requested, at Tenant's last known address. The notice must contain: (I) the date, time and place of the sale; (2) an itemized account of the amount owed by the Tenant to the Landlord; and (3) the name, address and telephone number of the person the Tenant may contact regarding the sale, the amount owed, and the right of the Tenant to redeem the property at any time before the property is sold by paying to the Landlord or the Landlord's Representative alJ delinquent rents and reasonable packing, moving. and storage costs. The sale of the non-exempt property shall be to the highest cash bidder with proceeds appiied first to delinquent rents. packing. moving, storage and sale costs. Surplus proceeds, if any, shalJ be mailed to Tenant at Tenant's last known address not later than the 30th day after the date of sale. Landlord shalJ provide Tenant with an accounting of all proceeds of the sale not later than the 30th day after the date on which Tenant makes a written request for the accounting. It is agreed that none of the above procedures shall necessitate prior court hearing or subject Landlord to any liability. Tenant hereby specificalJy waives any right he/she may have for a due process hearing prior to the removal of property. 20.CLEANING. The Leased Premises, including bathrooms, furnitl!re, and appliances, must be cleaned thoroughly. If Tenant fails to clean in accordance with the above, reasonable charges to complete such cleaning shall be deducted from the Deposit including but not limited to charges for cleaning c3crpets, draperies, furniture, walls, etc. 21.PETS. Tenant shall not permit any pet on the Leased Premises, even temporarily, unless otherwise agreed to by Landlord in writing. 22. FAILURE TO PAY FIRST MONTH'S RENT. All future rent shall be accelerated and immediately due and payable if Tenant fails to pay the first month ·s rent by the first day of the first rental period under this Lease. In such event, Landlord may terminate Tenant's right of occupancy and sue for damages, future rentals. attorney·s fees. court costs and other lawful charges. 23.RENT INCREASES. No rent increases shall be allowed during the lease term. At least thirty (30) days prior written notice is-required for any rent increase. If such notice of rent increase is given to Tenant, this Lease shall automatically continue on a month-to-month basis at the increased rental rate beginning on the effective date of rental increase. 24.ASSIGNMENT AND SUBLETTING AND BINDING NATURE .. Tenant shall not assign this Lease nor sublet the Leased Premises or any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consent of Landlord shalJ be void and shall, at the option of Landlord, terminate this Lease. This Lease shall be binding upon and inure to the benefit of the parties to this Lease and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 25.SUBORDINATION OF LEASE. · This Lease and Tenant's leasehold interest under this "Lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now or hereafter placed on the Leased Premises by Landlord, to alJ advances made under any such lien or encumbrance. to the interest payable on any such lien or encumbrance. and to any and all renewals and extensions of any such lien or encumbrances. 26.MILITARY. If Tenant is or becomes a member of the Armed Forces on extended active duty and receives permanent change of station (PCS) orders to leave the County in which the Leased Premises is located, or is relieved from such active duty, then Tenant may terminate the Lease by giving thirty (30) days written notice. with a certified copy of the military orders attached, provided Tenant is not otherwise in default. (Military orders authorizing base housing do not constitute grounds for-termination unless specially waived.) 27.SIGNS. During the last N/ A days of this Lease, a ··For Sale" sign and/or a ''For Lease" sign may be displayed on the Leased Premises. 28.BROKER'S FEE. Landlord acknowledges N/ A to be the Listing Broker. Landlord agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Landlord. 29.TIME OF ESSENCE. Time is expressly declared to be of the essence in this Lease. 30.GENERAL. No oral agreements have been entered into and thi-s Lease shall not be modified unless by written addendum. This is the entire agreement. IN THE EVENT OF MORE THAN ONE TENANT. EACH TENANT IS JOINTLY AND SEVERALLY LIABLE FOR EACH PROVISION OF THIS LEASE. Any act or notice of or to. or refund to , or the signature of, any one or more of the Tenants. in relation to the renewal or termination of this Lease. or with respect to any of the terms of this Lease shall be fully binding on all of the persons executing this Lease as Tenants. Each of the undersigned states that he/she is of legal age to enter into a binding contract for lodging. This Lease shall be construed under and in accordance with the laws of the State of Texas and all obligations hereunder are to be performed in the county in which the Leased Premises arc located. In any lawsuit involving contractual or statutory obligations of Landlord or Tenant and originating in justice, county. or district court. the prevailing party shall be entitled to recover attorney's fees and all other costs of litigation from the nonprevailing party. All amounts in any lawsuit judgment shall bear 10% Initial, of T1:nant(,.) __ (T AR-O!J) 3/90 lniti:.th of L:.indlord or Landlord\ Rt:pre,entative __ PAGE 3 or 5 FRIENDSWOOD, TEXAS 77546-3898 Council members ' ' EtT ��� {; 1.,�\���' Lem Agcoemem is S<<wc<0 Amy Arnold (Tco,m(,)) iKO�if' XAS ASSOCIATION OF REALTORS. m RESIDENTIAL LEASE AGREEMENT and City of Friendswood (Landlord). whose address and phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unless otherwise indicated. LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that cenain propeny with the improvements thereon, hereafter called the "Leased Premises" located at (mai}ing address), _____________ _ Cowart Creek Apartments, 110 Shadwell #4 Friendswood, Texas Gal vest on County, Texas (zip) _.!,.7.!..7.::-S..::4..:::6c_ ______ _ or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the � day of April , 19-2..!.__, and ending on the 31 5t day of _M_a�y _______ _ 19 91 . This Lease will be automatically renewed on a month-to-month basis unless written notice of termination is given by either party at least 30 days before the end of the above lease term or any renewal or extension period. or unless another lease is signed by both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by both parties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain in force subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4. MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At least thirty (30) days written notice of intent to vacate must be given to Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period. VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period; in other words, the last month's rent m�st be for a full month without any prorati�ns. Failure to give th/. 30-day written move-out notice will subject Tenant to liability for further rentals, cost of reletting charge in the. amount of$ n a (not to exceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or extension period, Landlord shall use diligence to relet and Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutual benefit of both Tenant and Landlord to stipulate in advance the costs of relening because it is difficult to evaluate such costs as inconvenience, paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative and office overhead, and locator service fees (all of which may vary greatly). Therefore,. it is agreed that costs of reletting shall be a liquidated sum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals,future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waive or diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant's liability for future rentals. 5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)'_-10�9_W�i=l=l�o�w=i�c�k"",,__ _________ _Friendswood Texas, Zip 77 54 6 , or at su�h other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of$ ( 2months )April & May.payable in advance and without demand in equal monthly payments of$ 19 5 • 00 on or before the 3rd day of each month and continuing thereafter until the total sum shall be paid. The prorated rent from the date of move-in to the fir�t day of.the following month is$ n/ a . The prorated portion is payable on the first day of the second .month of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th day of the month, Tenant agrees to pay a late charge of $ 10 · 0 0 • plus an additional late charge of $ 2 • 0 0 · per day thereafter until the rental payment is paid in full. Tenant agrees to pay a$ 15 • 00 charge (not to exceed $15.00) for each returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be $, _______ per day (not exceeding $10.00 per day). Tenant's right to possession and Landlord's obligations are expressly contingent upon the prompt payment of rent, and the use of the Leased Premises by Tenant is obtained only on the condition that rent is paid in full on iime. Landlord may require that all monthly payments be paid in one monthly check rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant. including late charges, charges for returned checks, and pet penalties, if any, then to rent, regardless of notations on the check. At Landlord's option, Landlord may at any time require that all rent and other sums be paid in cash� cashier's check, cenified check or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the execution of this Lease the sum of$ n /a as a security deposit (Deposit), for the faithful performance of .the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves as security for unpaid rent is a violation of V.T.C.A. Property Code §92. 108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this Lease. Tenant shall not be entitled to interest on the Deposit. 7. DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii)unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv)replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandonedproperty; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admit telephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stains or holes, etc., in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and courtcosts incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by the parties hereto. Deposit will be first applied to non-rent items, including late charges. charges for returned checks. and pet penalties, if any. then to unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the Leased Premises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State law. Landlord shall provide:en�nt a .written desc;=ript (on and itemized list of any deductions. The Landlord is no\ required to give the Tenant a description and1tem12ed hst of deducuons 1f the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerning the amount of rent owed. If deductions exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten (10) days of written notice to Tenant by Landlord. 8.UTILITIES. Tenant shall pay for electricity, gas, water, wastewater, garbage, telephone, and cable TV for the Leased Premises unless . otherwise indicated in Paragraph 32 below. Utilities shall be used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults and child�en residing therein not to ex�eed . . Tenant shall not permit the Leased Premises or any pan thereof to be usedfor: (1 ) the �ondu�t of any offensive, noisy, or dangerous activity; (ii) repair of c/-ny vehicle; (iii) the conduct of any business of any type, mcludmg child care; (iv) the conduct of any activity which violates any applicable deed, homeowners or subdivision restrictions; lniti:its or Tcn3n1(�) __ (TAR-024) J/90 lnitfaJ� or J�ndlord or l.;,mdiurd•� RcprC"Cnl..ativc __ l'A(;t: I of S .,. mTEXAS ASSOCIATION OF REALTORS � RESIDENTIAL LEASE AGREEMENT I.PARTIES. This Lease Agreement is between Charles Villerosa (Tenant(s)) and City of Friendswood (Landlord), whose address and phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unless otherwise indicated. 2. LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located/It (mailing·address), _____________ _Cowart Creek Apartments, 110 Shadwell H Friendswood, Texas Galveston· County, Texas (zip) --'-7-'-7-=·5"'"4""'6"'----------or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the � day of April , 19�. and ending on the 3lSt day of_M_a"""y_· _______ _ I 9 91 . This Lease will be automatically renewed on a month-to-month basis unless written notice of termination is given by either party at least 30 days before ihe end of the above lease term.or any renewal or extension period, or unless another lease is signed by both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by both parties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain in force subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD .. At least thirty (30) days written notice of intent to vacate must be givento Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period.VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period;in other words, the last month's rent m�st be for a full month without any prorations. Failure to give t130-day written move-out notice will subject Tenant to liability for further rentals, cost of reletting charge in the amount of $ n a (not toexceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or exten .sion period, Landlord shall use diligence to reletand Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience,paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative andoffice overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidatedsum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals,future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waiveor diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant'sliability for future rentals.5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)"_"'-1""0-"-9-.:.:W-=i-"'l""l'""'o""w'""i..,c..,k�, __________ _ F riendswood Texas, Zip 7 7 546 , or at such other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of $ ( 2mon t hs )Apri 1 & May payable in advance and without demand in equal monthly payments of$ 195 • 5 0 on or before the 3rd day of each month and continuing thereafter until the total sum shall be paid. The prorated rent from the date of move-in to the first day of the following month is$ n/ a . The prorated portion is payable on the first day of the second month of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th day of the inonth, Tenant agrees to pay a late charge of $ 10 • 00 , plus an additional late charge of $ 2 • 00 per clay thereafter until the rental payment is paid in full. Tenant agrees to pay a$ 15 • 00 charge (not to exceed $15.00) for each returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be $, _______ per day (not exceedipg $10.00 per day). Tenant's right to possession and Landlord's obligations are expressly contingent upon the prompt payment of rent, and the use of the Leased Premises by Tenant is obtained only on the cqndition that rent is paid in full on time. Lan.dlord may require that all monthly payments be paid in one monthly check rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant, including late charges. charges for returned checks, and pet penalties, if any, then to rent, regardless of notations on the check. At Landlord's option, Landlord may at any time require that all rent and other sums be paid in cash, cashier's check, certified check or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the execution of this Lease the sum of$ n / a as a security deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves as security for unpaid rent is a violation of V. T.C.A. Property Code §92. 108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this Lease. Tenant shall not be entitled to interest on the Deposit. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii) unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal. wear and tear;(iv) replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandoned property; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admit telephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stains or holes, etc., in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and court costs incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by the parties hereto. Deposit will be first applied to non-rent items, including late charges, charges for returned checks, and pct penalties, if any, then to unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the Leased Premises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State Jaw. Landlord shall provide Tenant a written description and itemized list of any deductions. The Landlord is not required to give the Tenant a description and itemized list of deductions if the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerning the_ amount _ of rent owed. If deductions exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten (10) days of written notice to Tenant by Landlord. 8.UTILITIES. Tenant shall pay for electricity, gas, water, wastewater, garbage, telephone, and cable TV for the Leased Premises unless. otherwise indicated in Paragraph 32 below. Utilities shall be used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults andchild�en residing therein not to ex;eed . . Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (1_) the :ondu<:t of any �ffens1ve, noisy, or dangerous activity; (ii) repair of any vehi .cle; (iii) the conduct of any business of any type. including child care; (1v) the conduct of any activity which violates any applicable deed, homeowners or subdivision restrictions ; Initials or Ttnont(s) __ (T AR.Ol4) 3190 Initials of Landlord or Landlord"s R.cpre-cnblivc __ PAGE I or 5 m TEXAS ASSOCIATION -OF REALTORS m RESIDENTIAL LEASE AGREEMENT I.PARTIES. This Lease Agreement is between Janice DeBol t (Tenant(s)) and City of Friendswood (Landlord). whose address ahd phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unless otherwise indicated. 2.LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby lease� from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located at (mailing address), _____________ _Cowart Creek Apartments, 110 Shadwell #2 Friendswood, Texas Gal vest on County, Texas (zip) -�7�7=-5_4�6�--------or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 montbs beginning on the 1st day of April , 19-2..!.__, ai;id ending on the 3lSt day of_M_a_y _________ _ 19 91 . This Lease will be automatically renewed on· a month-to-month basis unless written notice of termination is given by either party at least 30 days before the end of the above lease term or any renewal or extension period. or unless another lease is signed by both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by both parties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain in force subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At least thirty (30) days written notice of intent to vacate must be givento Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period.VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the-last day of the month following the expiration of the 30-day notice period; in other words, the last month's rent m�st be for a full month without any prorations. Failure to give III/. 30-day written move-out notice will subject Tenant to liability for further rentals, cost of reletting charge in the amount of$ n a (not to exceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate II!e LeasedPremises without rent being paid in full for II!e entire lease term or renewal or extension period, Landlord shall use diligence to relet and Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutual benefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience, paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative and office overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidated sum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals, future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and II!e foregoing shall not waive or diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant's liability for future rentals. 5. RENT. Tenant agrees to and shall pay Landlord at (mailing address)·--=-l .,.0...,9"""""W'""i'"'l""'. l""o.._w"-=i.,.c...,k e..J�----------- ­Frieodswood Texas, Zip 7 7 546 , or at such oliler place Landlord shall designate from time to time in writing, as rent for the Leased Premises, II!e total sum of$ ( 2months )Apr i l & -May payable in advance and without demand in equal monthly payments of$ 17 5 • 00 on or before the 3rd day of each monlII and continuing II!ereafter until the total sum shall be paid. The prorated rent from the date of move-in to the first day of the following month is $ n/ a The prorated portion is payable on the first day of the second monlII of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th · day of the monlII, Tenant agrees to pay a late charge of $ 1 O • 00 , plus an additional late charge of $ 2 • 00 per day thereafter until II!e rental payment is paid in full. Tenant agrees to pay a$ 15 • 00 charge (not to exceed $15.00) for �ach returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlor�I. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be$ · per day (not exceeding $10.00 per day). Tenant's right to possession and Landlord's obligations are expressly contingent upon the prompt payment of rent, and the use of the Leased Premises by Tenant is obtained only on the cqndition that rent is paid in full on time: Landlord may require II!at all monlilly payments be paid in one monlilly check rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant, including late charges, charges for returned checks, and pet penalties, if any, II!en to rent. regardless of notations on the check. At Landlord's option, Landlord may at any time require II!at all rent and other sums be paid in c�h, cashier's check, certified check or money order. 6.SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or.before the execution of this Lease the sum of$ n /a as a security deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves as security for unpaid rent is a violation of V.T.C.A. Property Code §92.108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this Lease. Tenant shall not be entitled to interest on the Deposit. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii)unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv)replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandonedproperty; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admit telephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stainsor holes, etc., in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and court costs incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by II!e parties hereto. Deposit will be first applied to non-rent items, including late charges, charges for Feturned checks. and pet penalties, if any, then to unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the LeasedPremises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State law. Landlord shall provide:ren�nt a :,vritten des �ript(on and itemized list of any deductions. The Landlord is not required to give the Tenant a description and itemized hst of deductions 1f the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerning the amount of rent owed. If deductions exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten (10) days ofwritten notice to Tenant by' Landlord. 8.UTILr'.IES. Tenant shall pay for electricity, gas, water, wastewater, garbage, telephone, and cable TV for II!e Leased Premises unless . otherwise indicated in Paragraph 32 below. Utilities shall be used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults and child�en residing therein not to ex�eed . . Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (1_) the ':ondu <:t of any ?ffens1ve, noisy, or dang7 r?us ac�ivity: (ii) repair of any vehicle: (iii) the conduct of any business of any type. including child care: (1v) the conduct of any activity which violates any applicable deed, homeowners or subdivision restrictions; Initials or Ttnant(s) __ (T AR-024) 3/90 lnilials or Landlord or l.andlord•s Rcprocntati-vc __ PAGE I uf 5 m .> TEXAS ASSOCIATION OF REALTORS [mJ RESIDENTIAL LEASE AGREEMENT 1.PARTIES. This Le as e Agreement is between William Lidwel 1 (Tenant(s)) and Cit y of Friendswood (Landlord). whose address and phone number are shown at the end of this Lease. The term "Tenant" refers to all of the above Tenants unless otherwise indicated. 2.LEASED PREMISES. Landlord hereby leases to Tenant, and Tena nt hereby leases from Landlord, tha t certain property with theimprovements thereon, hereafter called the "Lea sed Premises" located at (ma iling address), _____________ _Cowart Creek Apartments, 110 Shadwell #3 Friendswood, Texas Galveston County, Texas (zip) _..,_7__,7-=-S'--4.:...;6"----------or as described on attached exhibit, for use as a private re sidence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the � day of April , 19�, and ending on the 31St day of_M_a .a..y _______ _ 19 9 l . This Lease will be automatically renewed on a month-to-month b asis unless written notice of termination is given by either party at least 30 days before the end of the above lease term or any renewal or exten sion period, or unless another lease is signed by both pa rties. When renewed on a month-to-month basis, and until another leas e agreement for a specific period is signed by both parties, either party may terminate this Lease with a 30-day written notice.' If occu(>ancy of the Leased Premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain in force subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may termina te by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays._ 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At least thirty (30) days written no tice of intent to vaca te must be givento Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period.VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period; in other words, the last month's rent must be for a full month without any prorations. Failure to give th/. 30-day written move-out notice will subjec t Tenant to liability for further rentals, cos t of reletting charge in the amount of$ n a (not toexceed 100% of one full month's rent) and other dama ges and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire leas e term or renewal or extension period, Landlord shall use diligence to relet and Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Jenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience, paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative and office overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidated sum as st ipulated, regardless of whether the actual costs are greater or lesser. This. amount shall be in addition to past due rentals, future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waive or diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant's liability for future rentals. 5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)'_"""l""'O.c..9__,_.W""i..::1..::1_..o"""w'""i""'c..,k..._,,.__ _________ _ Friendswood Texas, Zip 7 7 546 , or at such other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of$ ( 2months )April & -�a:x payable in advance and without demand in equal monthly p ayment s of$ 210 • OO on or before the 3rd day of each month and continuing thereafter until the total sum sh all be paid. The prorated rent from the date of move-in to the first day ·of the following month is $ n/ a . The prorated portion is payable on the firs t day of the second month of occupancy. One full month's rent is due on move-in. If any rental paymen t is not paid in full on or before the 7th day of the month, Tenant agrees to pay a late charge of $ 10 • 00 , plus an additional late charge of ·s 2 • 00 per day thereafter until the rental payment is paid in full. Tenan t agrees to pay a$ 15 • 00 charge. (not to exceed $15.00) for each returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be$ _______ per day (not exceediAg $10.00 per day). Tenant's right to possession and Landlord's obligations are expre ssly contingent upon the prompt paymenfof rent, and the use of the Leased Premises by Tenant is obtained only on the condition that rent is paid in full on time. Landlord may require that all monthly payments be paid in one monthly check rather than multiple checks. All monies received by Landlord sh all be applied first to non-rent obligations of the Tenant, including late charges. charges for returned checks. and pet penalties, if any, then to rent, regardless of notations on the check. At Landlord's option, Landlord may at any time require that all rent and other sums be p aid in cash, cashier's check, certified check or money order. 6.SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the execution of this Lease the sum of$ n / a as a securi ty deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves as security for unpaid rent is a violation of V. T.C.A. Property Code §92.108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this Lease. Tenant shall not be entitled to interest on the Deposit. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii) unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv) replacing unreturned keys and/or change of locks; (v) cos t of removing unauthorized locks; (vi) removing and storing abandoned property; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admit telephone or cable TV represent atives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stains or holes, etc., in walls, doors, floors, draperies, carpe ts, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and court costs incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by the parties hereto. Deposit will be first applied to non-rent items, including late charges, charges for returned check's. and pet penalties, if any, then to unp aid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the Leased Premise s and keys and delivers Tenant's forw arding addres s to Landlord in writing in accordance with State law. Landlord shall provide Ten ant a written description and itemized list of any deductions. ·The Landlord is not required to give the Tenant a description and itemized list of deduc tions if the Ten�t owes rent when he/she surrenders possession of the premises and there is no controversy concerning the amount of rent owed. If deductions exceed the Deposi t , Tenant agrees to pay Landlord the amount due within ten (10) days of written notice to Tenant by' Landlord. 8.UTILITIES. Tenan t shall pay for electricity, gas, water, wastewater, garbage, telephone, and cable TV for the Leased Premises unless. otherwise indicated in Paragraph 32 below. Utilities shall be_ used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a priva te dwelling only, with the total number of adults andchild�en residing therein not to ex�eed . . Tenant shall not permit .the Leased Premises or any part thereof to be used for: (1_) the :ondu :t of any ?ffens1ve, noisy. or dang �r?us ac�ivity_; (ii) repair of any vehicle; (iii) the conduct of any bu siness of any type, i ncluding child care: (1v) the conduct of any act1v1ty which v10lates an y applicable deed, homeowners or subdivision res trictions; Initials or Teruint(s) __ (TAR-024) 3190 Jniti.als of Landlord or Landlord•� Rtprhentatlve __ PAGE I of S P.O .. State and ZIP Code Pos tage s Cer11fied Fee Special Delivery Fee Re stricted De livery Fee Return Receipt showing to whom and Date Delivered RECEIPT FOR CERTIFIED MAIL NO INSURA NCE COVERAGE PROVIDED NOT FDR INTERNATIONAL MAIL (See Revefse) P.O .. State and ZIP Code Postage s Certified Fee RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O .. S tate and ZIP Code Postage s Certified Fee RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and No. P.O .. State and ZIP Code Postage Certified Fee Special Delivery Fee Restricted De livery Fee Return Rece ipt showing to whom and Date Dehvered Return Recei pt showing to whom. Date. and Address of Dehvery s § TOTAL Postage and Fees Postmark or Date C") E 0 mi'' TEXAS ASSOCIATION OF REALTORS m RESIDENTIAL LEASE AGREEMENT I.PARTIES. This Lease Agreement is between _________________________ (Tenant(s)) and City of Friendswood (Landlord).whose address and phone number are shown at the end of this Lease. The term '·Tenant"" refers to all of the above Tenants unlessotherwise indicated. 2.LEASED PREMISES. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located at (mailing address), _____________ _Cowart Creek Apartments, 110 Shadwel l Friendswood, Texas Gal vest on County, Texas (zip) _.f...7..!...7..:::·5'--'4'-'=6'-----------or as described on attached exhibit, for use as a private residence only. 3.LEASE TERM. The term of this Lease shall be for a period of 2 months beginning on the 1 st day of April , 19-2.!_, and ending on the 31 st day of_M_a.::..y _______ _ 19 9 l . This Lease will be automatically renewed on a month-to-month basis unless written notice of termination is given by either party at least 30 days before the end of the above lease term or any renewal or extension period. or unless another lease is signed by both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by both parties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain in force subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At least thirty (30) days written notice of intent to vacate must be given to Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period. VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period;in other words, the last month's rent must be for a full month without any prorations. Failure to give the 30-day written move-out notice will subject Tenant to liability fo; further rentals, cost of reletting charge in the amount of$ n/ a (not toexceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or extension period, Landlord shall use diligence to reletand Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience,paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative andoffice overhead, and locator service fees (all of which may vary greatly). Therefore, it is agreed that costs of reletting shall be a liquidatedsum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals,future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waiveor diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant'sliability for future rentals. 5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)_-"'1-"0'-"9'--!W'-=i"-'l=-l=-o""'w-"'-"'i"'c""k=->------------­Friendswood Texas, Zip 7 7 546 , or at such other place Landlord shall designate from time to time in writing, as rent for the Leased Premises, the total sum of$ ( 2months )April & -May payable in advance and without demand in equal monthly payments of$, __________ on or before the 3rd day of each month and continuing thereafter until the total sum shall be paid. The prorated rent from the date of move-in to the first day of the following month is $ n / a .The prorated portion is payable on the first day of the second month of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th day of the month, Tenant agrees to pay a late charge of $ 10 • 00 , plus an additional late charge of $ 2 • 00 per day thereafter until the rental payment is paid in full. Tenant agrees to pay a$ 15 • 00 charge (not to exceed $15.00) for each returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be$, _______ per day (not exceeding $10.00 per day). Tenant's right to possession and Landlord's obligations are expressly contingent upon the prompt payment of rent, and the use of the Leased Premises by Tenant is obtained only on the condition that rent is paid in full on time. Landlord may require that all monthly payments be paid in one monthly check rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant. including late charges, charges for returned checks, and pet penalties. if any. then to rent. regardless of notations on the check. At Landlord"s option, Landlord may at any time require that all rent and other sums be paid in cash, cashier's check, certified check or money order. 6.SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the execution of this Lease the sum of$ n/a as a security deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month"s rent on the grounds the Deposit serves as security for unpaid rent is a violation of V.T.C.A. Property Code §92.108. At least thirty (30) days written notice of intent to vacate must be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this Lease. Tenant shall not be entitled to interest on the Deposit. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late charges;(ii)unpaid utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its contents beyond normal wear and tear;(iv)replacing unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and storing abandonedproperty; (vii) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admittelephone or cable TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stainsor holes, etc., in walls, doors, floors, draperies, carpets, and/or furniture; (xii) agreed costs of reletting; (xiii) attorney's fees and courtcosts incurred in any eviction proceeding against Tenant; and (xiv) other charges provided for herein or agreed to by the parties hereto.Deposit will be first applied to non-rent items, including late charges, charges for returned checks, and pet penalties. if any. then to unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the Leased Premises and keys and delivers Tenant's forwarding address to Landlord in writing in accordance with State law. Landlord shall provideTenant a written description and itemized list of any deductions. The Landlord is not required to give the Tenant a description anditemized list of deductions if the Tenant owes rent when he/she surrenders possession of the premises and there is no controversy concerningthe amount of rent owed. If deductions exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten (10) days ofwritten notice to Tenant by' Landlord. 8.UTILITIES. Tenant shall pay for electricity, gas, water, wastewater, garbage, telephone, and cable TV for the Leased Premises unlessotherwise indicated in Paragraph 32 below. Utilities shall be used only for normal household purposes and not wasted. 9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults and children residing therein not to exceed _______ . Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (i) the conduct of any offensive. noisy. or dangerous activity; (ii) repair of any vehicle; (iii) the conduct of any business of anytype. including child care: (iv) the conduct of any activity which violates any applicable deed. homeowners or subdivision restrictions: lnit�l" of Tenant(s) __ (T AR-024) 3/90 Inicials of Landlord or Landlord's Representative __ PAGE I of 5 or (v) any purpose or in any manner which will obstruct. interfere with. or infringe on the rights of other persons nc.ir the Leased Premises. Tenant shall not permit more than two vehicles (including but not limited to automobiks. trucks. recreational vehicles. trailers. motorcycles and boats) on the Leased Premises unless authorized by Landlord in writing. Non-operative vehicles shall not be stored on the Leased Premises or on the street in front of or adjacent to the Leased Premises. Any of Tenant's vehicles which are deemed inoperable may be towed by Landlord or Landlord's Representative at Tenant's expense. The Leased Premises which are reserved for Tenant's private use shall be kept clean and sanitary by Tenant. Garbage shall be disposed of only in appropriate receptacles. Tenant shall be liable to Landlord for damages caused by Tenant. Tenant's guests. or occupants. Guests may not stay in the Leased Premises longer than ten (JO) consecutive days without Landlord's written permission. If provided. Landlord's written Rules and Regulations are hereby made a part of this Lease, and violation of the Rules and Regulations by Tenant. Tenant's guest's or other occupants of the Leased Premises shall be deemed a violation of this Lease. Landlord's Rules and Regulations include those imposed by either a condominium association or multi-tenant complex. 10.RESPONSIBILITY FOR CONDITION OF LEASED PREMISES. Tenant has thoroughly inspected and accepts the Leased Premises as is except for conditions materially affecting the health or safety of ordinary persons. and Landlord has made no implied warranties as to the condition of the Leased Premises and no agreements have been made regarding future repairs unless specified in this Lease. A Move-In Inventory and Condition Form will be provided to Tenant on or before move-in. The Move-In Inventory and Condition Form is to report the condition of the Leased Premises and is not a request for maintenance or repairs. Within 48 hours after move-in.Tenant shall note any defects or damages to the Leased Premises on the form and deliver or mail said form to Landlord; failure ofTenant to return form to Landlord shall be deemed as Tenant's acceptance of the Leased Premises to be in clean and good condition.Landlord has provided locks and smoke detectors as required by law. Tenant has inspected the existing locks and latches and agreesthat they are safe and acceptable, subject to Landlord's duty to make needed repairs of same upon written request of Tenant. Anyadditional locks or smoke detectors desired by Tenant may be installed at Tenant's expense only after written approval from Landlord.When installed, any additional items shall become the property of Landlord. Tenant shall use reasonable diligence in the care of the Leased Premises and shall be responsible for: (i) costs of plumbing stoppages and damages from same caused by foreign or improper objects and not.caused by Landlord's negligence in lines exclusively serving the Tenant's dwelling; (ii) damages to doors, windows. or screens not caused by Landlord's negligence; (iii) damages from windows or doors left open; (iv) supplying and changing heating and air conditioning filters at monthly intervals; (v) supplying and replacing light bulbs and smoke detector batteries; (vi) maintaining and watering the yard. including shrubbery; any replacement due to Tenant's neglect in watering or maintenance shall be at Tenant's expense; any alteration of existing landscape must have written approval of Landlord; (vii) prompt removal of trash from the Leased Premises; (viii) eliminating any condition that may be dangerous to health and safety: (ix) cost of pest control except for wood destroying insects; (x) taking precautions to preclude broken water pipes due to freezing; (xi) lost or misplaced keys; (xii) damages resulting from Tenant's failure to promptly notify Landlord of needed repairs; and (xiii) maintenance of the following in good working order at Tenant's expense: Landlord not responsible for repairs during this 2 month term of lease. Tenant shall NOT: (i) make any repairs or alterations to the Leased Premises without written permission from Landlord; (ii) remove any part of the Leased Premises or Landlord's property for any purpose; (iii) remove, change, or re-key any lock without permission of Landlord; (iv) make holes in the woodwork, floors or walls except that a reasonable number of small nails may be used to hang pictures in sheetrock walls and grooves of paneling; (v) permit any water furniture in the Leased Premises without written permission of Landlord; (vi) install new or additional telephone or cable outlets without permission of Landlord; or (vii) replace, remove or shampoo carpet, paint or wallpaper without written permission of Landlord. Tenant agrees to surrender the Leased Premises at the end of the term of this Lease and any extension or renewal thereof in the same condition as when received, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness. accident or abuse. 11.LIABILITY. Landlord or Landlord's Representatives shall not be liable to Tenant, Tenant's guests, or other occupants, for any damages,injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruptionof utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Leased Premises, or other occurrences orcasualty losses unless such damage or injury is caused by the gross negligence of Landlord or Landlord's Representatives. Tenantagrees to notify Landlord immediately of any dangerous or potentially dangerous conditions on or about the Leased Premises. Landlord strongly ·recommends that Tenant secure his own insurance coverage for protection against such liabilities and losses. If Landlord, Landlord's Representatives, agents or employees are requested to render services not contemplated in this Lease, Tenant agrees tohold harmless Landlord a.'ld the others named above from all liability in connection with such services. 12.LANDLORD'S RESPONSIBILITY FOR REPAIRS. All requests by Tenant for repairs to be made by Landlord must be directed to Landlord or Landlord's Representatives in writing except those caused by fire, interruption of utilities or such other emergency. LANDLORD'S DEFINITION OF EMERGENCIES: Problems that Landlord is liable for and materially affect the health or safety of an ordinary Tenant. An emergency is not a condition that merely causes inconvenience or discomfort to a Tenant. The Landlord does not have a duty to repair or remedy a condition caused during the term of this Lease by the Tenant, a lawful occupant in theTenant's dwelling, a member of the Tenant's family, or a guest of the Tenant unless the condition was caused by normal wear andtear. Landlord shall have the right to temporarily discontinue utilities and the use of any fixtures or appliances by Tenant if the interruptionresults from bona fide repairs, construction, or an emergency. Landlord shall act with due diligence but shall not be obligated to makerepairs on other than a business day except in the event of an emergency. No deductions shall be allowed in the rent during reasonableperiods of repair to the Leased Premises and this Lease shall remain in full force. If, in the opinion of Landlord, the Leased Premisesare substantially damaged by fire or other casualty loss, Landlord may terminate this Lease upon reasonable notice to Tenant. In thisevent, the rent shall be prorated to the date of termination and Deposit(s) refunded less lawful deductions. 13.REIMBURSEMENT. Tenant shall promptly reimburse Landlord for any loss, property damage, or cost of repairs or servi1=e to thedwelling caused by negligence or by improper use by Tenant, Tenant's guests, or other occupants unless repairs have been properlymade by Tenant pursuant to requirements or permission set forth in this Lease. Such reimbursement is due when Landlord makes demand. Landlord's failure or delay in demanding damage reimbursement. late payment charges. returned check charges. or other sums due by Tenant shall not be deemed a waiver and Landlord may require payment of same at any time, including deductions from Deposit. Landlord may require advance payment of repairs for which Tenant is liable. 14.LANDLORD ACCESS. Landlord, Landlord's Representatives and other persons specifically authorized by either of them may enterthe Leased Premises by reasonable means at reasonable times without notice to: (i) inspect the Leased Premises; (ii) make repairs;(iii) show the Leased Premises to prospective Tenants or purchasers, governmental inspectors, fire marshals, lenders, appraisers, insura nceagents; and (iv) exercise a contractual lien. 15.DEFAULT BY TENANT. If Tenant fails to pay rent or other lawful charges when due or if Tenant fails to reimburse Landlordfor damages, repairs, or other costs when due as provided in this Lease, or if Tenant abandons the Leased Premises, or if Tenant,Tenant's guests or other occupants violate this Lease or Landlord's Rules and Regulations (if provided) or applicable state or locallaws, Landlord or Landlord's Representative may terminate Tenant's right of occupancy by giving Tenant three (3) days' notice tovacate in writing; except however, notice may be by mail or personal delivery to Tenant or left in a conspicuous place inside theLeased Premises. Such termination does not release Tenant from liability for future rentals. Landlord's acceptance of rent or other sums due after Landlord gives Tenant notice to vacate or after Landlord files eviction suit shall not diminish Landlord's right of eviction and shall not waive Landlord's right of property damage. past or future rent. or other sums due. If Landlord prevails in any suit for eviction, unpaid rentals. charges or damages, Tenant shall be liable for Landlord's administrative costs, court costs Initials of Tenant(s) __ (T AR-024) 3/90 Jnitials of Landlord or Landlord's Representative __ PAGE 2 of S --..r r and reasonable attorney's fees and all amounts shall bear 10% interest from due date. If Tenant's rent is delinquent. Landlord shall not be obligated to continue utilities which are furnished and paid for by Landlord. Landlord may report unpaid rentals or unpaid damages to the local credit bureau for permanent recordation in Tenant's credit record. 16.TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO REPAIR OR REMEDY A CONDITION. Where Landlord has a dutyto repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant. Tenant may terminate thisLease. withhold rent. offset rent against needed repairs. or pursue judicial remedies only when the following procedures are followed: (I)the Tenant has given Landlord prior written notice to repair or remedy a condition which materially affects the physical healthor safety of an ordinary tenant; (2) the Landlord has had a reasonable time to repair or remedy the condition. considering the natureof the problem and the reasonable availability of materials. labor. and utilities from a utility company; (3) the Landlord has not madea diligent effort to repair or remedy the condition; (4) the Tenant has givr n subsequent written notice to Landlord stating that Tenantintends to terminate the lease, exercise repair and deduct remedies. or �ursue judicial remedies: and (5) the Tenant is not delinquentin the payment of rent when the notices were given. 17.ACCELERATION. If. in violation hereof, Tenant or Tenant's agent giv�s notice of intent to move out more than thirty (30) daysprior to the end of the lease term or renewal or extension period, or if Tenant moves out or removes property from the Leased Premisesin contemplation of moving therefrom prior to the end of the lease term or renewal or extension period, or if Tenant is evicted bycourt order, then all monthly rentals which are payable during the remainder of the lease term or renewal or extension period shall be accelerated without notice or demand and shall be immediately due and payable. Such right of acceleration is in lieu of having rentals for the entire lease term payable at the beginning of the Lease. 18.HOLDOVER. If Tenant fails to vacate on or before the required move-out date (i.e., the end of the lease term or renewal or extensionperiod after proper move-out or vacate notice has been given under Paragraph 4, or a different move-out date agreed to by the partiesin writing), Tenant shall be liable to pay rent for the holdover period and to indemnify Landlord and/or prospective tenants for damages. (including lost rentals, lodging expenses, and attorney's fees); and at Landlord's option. Landlord may extend the lease term for up to one month from the date of notice of lease extension date by delivering written notice to Tenant or Tenant's dwelling while Tenant is still holding over. Rent for any holdover period shall be immediately due and payable on a daily basis and delinquent without notice or demand. Tenant understands and acknowledges that Tenant will be considered in possession of Leased Premises and liable for payment of rent for the holdover period until all keys to the Leased Premises are returned to Landlord and all personal property is removed. 19.CONTRACTUAL LIEN. To secure payment of delinquent rent under this Lease. all personal property on the Leased Premises and property that Tenant has stored in any storage room (except the property exempted by statute) is hereby subject to a contractual landlord's lien. This contractual lien is in addition to the statutory landlord's lien provided by Section 54.041 of the Property Code. In order to exercise contractual lien rights, Landlord or Landlord's Representative may peacefully enter the Leased Premises (and any storagefacilities) and remove and store all property therein, except property exempt by statute; immediately after seizing non-exempt property.the Landlord or Landlord's Representative shall leave in a conspicuous place within the dwelling, written notice of entry and an itemizedlist of the items removed. The notice must state the amount of delinquent rent and the name, address, and telephone number of theperson the l'enant may contact regarding the amount owed. The notice must also state that the property will be promptly returnedon full payment of the delinquent rent. Landlord is entitled to collect a charge for packing, removing, and/or storing property seized.If Tenant has abandoned the premises, or has been evicted by judicial process, Landlord or Landlord's Representative, may peacefullyenter, remove, and store all property still remaining on or in the Leased Premises. There shall be no sale or disposition of any ofthe foregoing property except pursuant to this Lease. Landlord may sell such property at a public or private sale (subject to any recordedchattel mortgage or financing statement) after thirty (30) days' written notice of time and place of sale is sent to Tenant by both firstclass mail and certified mail, return receipt requested, at Tenant's last known address. The notice must contain: (!) the date, timeand place of the sale; (2) an itemized account of the amount owed by the Tenant to the Landlord; and (3) the name, address andtelephone number of the person the Tenant may contact regarding the sale, the amount owed, and the right of the Tenant to redeemthe property at any time before the property is sold by paying to the Landlord or the Landlord's Representative all delinquent rentsand reasonable packing, moving, and storage costs. The sale of the non-exempt property shall be to the highest cash bidder with proceeds applied first to delinquent rents, packing, moving, storage and sale costs. Surplus proceeds, if any, shall be mailed to Tenant at Tenant'slast known address not later than the 30th day after the date of sale. Landlord shall provide Tenant with an accounting of all proceedsof the sale not later than the 30th day after the date on which Tenant makes a written request for the accounting. It is agreed that none of the above procedures shall necessitate prior court hearing or subject Landlord to any liability. Tenant hereby specifically waives any right he/she may have for a due process hearing prior to the removal of property. 20.CLEANING. The Leased Premises, including bathrooms, furniture, and appliances, must be cleaned thoroughly. If Tenant failsto clean in accordance with the above, reasonable charges to complete such cleaning shall be deducted from the Deposit includingbut not limited to charges for cleaning carpets, draperies, furniture, walls, etc. 21.PETS. Tenant shall not permit any pet on the Leased Premises, even temporarily, unless otherwise agreed to by Landlord in writing. 22.FAILURE TO PAY FIRST MONTH'S RENT. All future rent shall be accelerated and immediately due and payable if Tenant failsto pay the first month's rent by the first day of the first rental period under this Lease. In such event, Landlord may terminate Tenant'sright of occupancy and sue for damages, future rentals, attorney's fees, court costs and other lawful charges. 23.RENT INCREASES. No rent increases shall be allowed during the lease term. At least thirty (30) days prior written notice is-requiredfor any rent increase. If such notice of rent increase is given to Tenant, this Lease shall automatically continue on a month-to-monthbasis at the increased rental rate beginning on the effective date of rental increase. 24.ASSIGNMENT AND SUBLETTING AND BINDING NATURE. Tenant shall not assign this Lease nor sublet the Leased Premisesor any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consentof Landlord shall be void and shall, at the option of Landlord, terminate this Lease. This Lease shall be binding upon and inure tothe benefit of the parties to this Lease and their respective heirs, executors, administrators, legal representatives, successors, and permittedassigns. 25.SUBORDINATION OF LEASE. · This Lease and Tenant's leasehold interest under this Lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now or hereafter placed on the Leased Premises by Landlord, to all advances made underany such lien or encumbrance, to the interest payable on any such lien or encumbrance, and to any and all renewals and extensionsof any such lien or encumbrances. 26.MILITARY. If Tenant is or becomes a member of the Armed Forces on extended active duty and receives permanent change ofstation (PCS) orders to leave the County in which the Leased Premises is located, or is relieved from such active duty, then Tenantmay terminate the Lease by giving thirty (30) days written notice, with a certified copy of the military orders attached, provided Tenant is not otherwise in default. (Military orders authorizing base housing do not constitute grounds for termination unless specially waived.) 27.SIGNS. During the last N/ A days of this Lease, a "For Sale" sign and/or a "For Lease" sign may be displayed onthe Leased Premises. 28.BROKER'S FEE. Landlord acknowledges N / A to be the Listing Broker.Landlord agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Landlord. 29.TIME OF ESSENCE. Time is expressly declared to be of the essence in this Lease. 30.GENERAL. No oral agreements have been entered into and this Lease shall not be modified unless by written addendum. This is the entire agreement. IN THE EVENT OF MORE THAN ONE TENANT, EACH TENANT IS JOINTLY AND SEVERALLY LIABLE FOR EACH PROVISION OF THIS LEASE. Any act or notice of or to. or refund to, or the signature of, any one or more of theTenants. in relation to the renewal or termination of this Lease, or with respect to any of the terms of this Lease shall be fully binding on all of the persons executing this Lease as Tenants. Each of the undersigned states that he/she is of legal age to enter into a bindingcontract for lodging. This Lease shall be construed under and in accordance with the laws of the State of Texas and all obligationshereunder are to be performed in the county in which the Leased Premises are located. In any lawsuit involving contractual or statutoryobligations of Landlord or Tenant and originating in justice. county. or district court. the prevailing party shall be entitled to recoverattorney's fees and all other costs of litigation from the nonprevailing party. All amounts in any lawsuit judgment shall bear 10%Initials of Tcnant(s) __ (T AR-024) 3190 lniti:lls of Landlord or Landlord's Represent:ative __ PAGE 3 of 5 interest from due date. Unless otherwise seated in this Lease. all sums owed by Tenant are due on demand. Landlord's past delay.waiver. or nonenforcement of acceleration. contractual lien. rental due date, or any other right. shall not be deemed to be a waiverof any ocher breach by Tenant of any other term. condition, or covenant contained in this Lease. This Lease is binding on subsequentowners of the Leased Premises. Any clause in this Lease or addendum. if any. declared invalid by law shall not terminate or invalidatethe remainder of this Lease. 31.RELATED DOCUMENTS. Incorporated into this Lease are the following documents (if checked): _X __ Tenant's Application for Rental ___ Pet Agreement N/ A Texas Real Estate Commission Agency Disclosure Form _X __ Move-In Inventory and Condition Form[for leases in excess of twelve (12) months] _x __ Landlord's Rules and Regulations --- All Tenant's statements in Tenant·s Application for Rental are material representations relied upon by Landlord or Landlord'sRepresentative. Any misrepresentation shall constitute a breach of this Lease and Landlord may terminate same. 32.SPECIAL PROVISIONS. The following special provisions and any addenda or attachments shall control over any conflicting provisionsof this printed lease form. Tenant agrees to vacate said pro perty on or before the 31st of May, 1991. 33.CONDEMNATION: If during the term of this Lease or any extension or renewal of this Lease, all of the Leased Premises are takenfor any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or are soldto the condemning authority under threat of condemnation, this Lease will terminate, and the rent will be abated during the unexpiredportion of this Lease, effective as of the date of the taking of the premises by the condemning authority. If less than all of the LeasedPremises are taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminentdomain, or are sold to the condemning authority under threat of condemnation, Landlord may, at Landlord's sole option, either terminatethis Lease or restore and reconstruct the building and other improvements situated on the Leased Premises at Landlord's own expense,provided that restoration and reconstruction will make the Leased Premises reasonably tenantable and suitable for use as a residence.If Landlord does not terminate this Lease but instead restores and reconstructs the building and other improvements situated on theLeased Premises, then the rent payable during the unexpired portion of this Lease will be adjusted equitably. THIS LEASE AGREEMENT and any addendum hereto has been executed in multiple copies, one for Tenant and one or morefor Landlord. THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PARTOF THIS AGREEMENT, SEEK COMPETENT LEGAL ADVICE. TENANT or TENANTS Date: _____________________ _ Phone: LANDLORD OR LANDLORD'S REPRESENTATIVE Cit� of Friendswood 109 Willowick E�iend swood, Texas 77546 Mayor Paul w. Schrader Address and Phone of Landlord or Landlord's Representative: City of Friendswood (Finance Dept ) 109 Willowick Friendswood, Texas 77546 Date: ____________________ _ AGREEMENT BETWEEN BROKERS Listing broker agrees to pay N/ A , Co-Broker, a fee of$ _______ or _______ % of the gross rent when the Broker's fee described in Paragraph 28 is received. In the event this Lease is extended or renewed, Listing Broker agrees to pay Co-Broker an additional fee of$ N /A or N /A % of the total rentfor such extension or renewal period when Listing Broker receives said additional fee from Landlord as specified by separate agreementbetween Listing Broker and Landlord. In the event Landlord sells, exchanges or otherwise transfers a legal or equitable interest (excludinga lease or rental) to the Leased Premises to Tenant during the term of the Lease, including any renewal or extension thereof, or withinN / A days after termination of the Lease, whichever occurs later, Listing Broker agrees to pay Co-Broker a fee of $ N / A or N / A % of the sales price or exchange value of the Leased Premises when Listing Broker receivesthe fee for such sale, exchange or transfer from Landlord as specified by separate agreement between Listing Broker and Landlord. Co-Broker License No. Listing Broker License No. By: ________ _ By: __ Co-Broker's Address Listing Broker's Address Telephone Number Telephone Number (NOTE: This form is furnished by the Texas Association of REALTORS for the convenience of its members.) Initials of Ttnant(s) __ {TAR-024) 3/90 Initials of Landlord or Landlord's Representative __ PAGE 4 of 5 STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 75 YEARS AS BEING SYNONYMOUS WITH SAFETY Sa11cti1y uj C<1111rac1 GUARANTY COMPANY P.0. Box 2029 Houston, Texas 77252 POLICY OF TITLE INSURANCE GENERAL CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) land, and the· amount so paid shall be deemed a payment to the Insured under this policy. (c)The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or tender of payment of the full amount of this policy by the Company shall ten:n_inate all liability of the Company under this policy. {d) Whenever the Company shall have seftled a cla1ni under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall perm it the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 5.Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to it at P. 0. Box 2029, Houston, Texas 77252. 6.This policy is not transferable. 7.COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the company that issued the policy. If the problem is not resolved, you may also write the State Board of Insurance, Department C, 1110 San Jacinto Blvd., Austin, Tx, 78786. This notice of complaint pr ocedure is for infor­ mation only and does not become a part or condition of this policy. STEWART TITLE GUARANTY COMPANY ------------ - ·• GENERAL CONDITIONS AND STIPULATIONS 1.Definitions The following terms when used in this policy mean: (a)"land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law co nstitute real property. (b)"public records": Those records which impart constructive notice of matters relating to the land. (c)"knowledge": Actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records. (d)"date": The effective date, including hour if specified. (e)"insured": The Insured named in Schedule A and, subject to any rights or defenses the Company may have had against the named Insured or any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase, any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase including but not limited to the following: (i)heirs, devisees, distributees, executors and administrators; (ii)the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of such corporation upon partial or complete liquidation; (iii)the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; (iv)the successors in interest to a general or limited partner­ ship resulting from the distribution of the assets of such general or limited partnership upon partial or complete liquidation; (v)the successors in interest to a joint venture resulting from the distribution of the assets of such joint venture upon partial or complete liquidation; (vi)the successor or substitute trustee of a trustee named in a written trust instrument; or (vii)the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of such trust to the beneficiaries thereof. 2.Exclusions from the Coverage of this PolicyTHE POLICY DOES NOT INSURE AGAINST LOSS OR DAM­AGE BY REASON OF THE FOLLOWING: (a)LACK OF ADEQUATE TITLE IN THE INSURED PROP­ ERTY TO ALLOW IT TO BE USED, SOLD, TRANSFERRED, LEASED OR MORTGAGED FOR ANY PURPOSE INTENDED BY THE INSURED NOR LOSS OF OPPORTUNITY OR ECONOMIC EXPECTATION. . . (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. (c)Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegation or their right of access thereto, or right of easement along and across the same. (d)Defects, liens, encumbrances, adverse claims; or other matters (1)created, suffered, assumed or agreed to by the Insured; (2) not known to the Company and not shown by the public records but known to the Insured either at the date of this policy or at the date the Insured acquired an estate or interest insured by this policy and not disclosed in writing by the Insured to the Company prior to the date such Insured became an Insured hereunder; (3) resulting in no loss or damage to the Insured; (4) attaching or created subsequent to the date of this policy; (5) resulting in loss or damage which would not have been sustained if the Insured had paid value for the estate or interest insured by this policy; or (6) the homestead or community property or survivorship rights, if any, of any spouse of any Insured. 3.Defense and Prosecution of Actions (a)In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. (bl The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or proceeding, and such counsel shall have complete control of said defense. (cl The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of the policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. When, after the date of the policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy which is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate such charge to deter­ mine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the lnsured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was other­ wise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (l)institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (2)indemnify the Insured as provided in this policy; (3) upon payment of appropriate premium and charges therefor, issue to the current Insured or to a subsequent owner, mortgagee or holder of the estate or interest in the land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan; (4) indemnify ·another title insurance-company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (5) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (6) undertake a combination of 1. through 5. herein. (d)Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e)Whenever requested by the Company, such insured shall give the Cbmpany all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. (f)Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con­ strued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this policy. 4.Payment of Loss (a)No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b)All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the TEXAS FIDELITY TITLE COMPANY P.O. BOX877 PEARLAND. TEXAS 77588-0877 � AGENT FOR 3302 EAST WALNUT PEARLAND. TEXAS 77581 (71 3) 485-2307 FAX: (7 1 3) 485-241 4 CHICAGO TITLE INSURANCE COMPANY COMMONWEALTH LANO TITLE May 7, 1991 City of Friendswood 109 Willowick Friendswood, Texas 77546 Attn: Paul W. Schroeder, Mayor MAY 1991 RECEIVED Reference: GF# 9100177-Part of Lot 2, Block 6, Friendswood, Galveston County, Texas. Dear Mayor Schroeder: Enclosed please find the following items which are pertinent to the above referenced transaction: 1.Original Owner Policy. 2.Original recorded Warranty Deed .. We would like to take this opportunity to thank you for allowing Texas Fidelity Title Company to handle your real estate transaction and look forward to your contacting us for your future real estate title needs. ;::?J� Diane Vickers Escrow Secretary to Abbie Markum, Escrow Officer dv enclosures • , GUARANTY COMPANY ·�: :. ·---�- ( ,. " . -.�. -t�t' :� . -. :������J� _:_ � .._..:___�� Q °� Qll N �'• //�tl 1 C} i;• •r. r 0 f �,,;w};.��:titi.�-•: ,.'Ri' ..-.:�tti�n�::>.. ���:.�..+:�;�:�.'.'��$i:i�d�':. .� Ki J �r1 is rl lb f,:• ei cL HU0-1 Rev. (3-&SJ ��� C, Page1-�, A. B.TYPE OF LOAN � 1. 0 FHA 2. 0 FMHA5. 0 CONV. INS 3.0 CONV. UNINS.. 4.0 VACJ£xa1 '3Ld£Lity Cluf£ Co. 6. File Number:17. Loan Number: 9100177 SETTLEMENT STATEMENT 8.Mortgage Insurance Case Number: U.S. DEPARTMENT OF HOUSING AND URBAN"DEVELOPMENT C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here tor informational purposes and are not included in the totals. D.NAME OF BORROWER: CITY OFF ENDSWOODADDRESS: 109 Willowick Friendswood, Texas 77546 RICHARD M. CONWAY and wire, JEAN E. CONWAY E. NAME OF SELLER: ADDRESS: LORNA DALEY ZEITLER, Indi v .& as Ind. Exec. Est. EdwardriR:• Zeitler, Deceased GEORGE A. NIXON, as Trustee of Edward 0. Zeitler,Trust F. NAME OF LENDER:C A S H Addresses of sellers: Conway-504 Clearview, Friendswood, Tx77' ADDRESS: Zeitler -#4 Emerald Circle, Friendswood, Texas 77546 Nixon -3807 Millbridge. Houston. Texas 77059 G.PROPERTY LOCATION: Part of Lot 2, Block 6, FriendswoodGalveston County, Texas H.SETTLEMENT AGENT: TEXAS FIDELITY TITLE COMPANY ADDRESS: 3302 E. Walnut -P. 0. Box 877 TIN: 74-159149 6 Pearland, TX 77581 PLACE OF SETTLEMENT: 3302 E.Walnut -P.O.Box 877 I.SETTLEMENT DATE: ADDRESS: Pearland, TX 77581 (713)485-2307 J. SUMMARY OF BORROWER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 101.Contract sales price 60,000.UU 102.Personal property103.Settlement charges to borrower (line 1400)61.00 104.105. Adjustments for items oaid bv seller in advance 106.City/town taxes 107.County taxes108.Assessments109. 110. 111.112. 120.GROSS AMOUNT DUE FROM BORROWER 60,061.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:201. Deposit or earnest money202.Principal amount of new loan/sl203.Existing loan(s) taken subiect to204.205.,206.'207. 208.209. Adjustments for items unoaid by seller 210. City/town taxes 01/01/91-03/21791211.County taxes 01/01/91-03/21/91 212.Assessments213.SCHOOL & 01/01/91-03/21/91214.DRAINAGE215. 216. 217. 218. 219. 220_ TOTAL PAID BY/FOR BORROWER 300.CASH AT SETTLEMENT FROM/TO BORROWER 301. Gross amount due from borrower (line 120) 302.Less amounts paid by/for borrower (line 220) I 303. CASH ([:XFROM)(□TO) BORROWER 1,000.00 132.45 84.81 323.98 1,541.24 60,061.00 1,541.24 l 58,519.76 03/22/91 K. SUMMARY OF SELLER'S TRANSACTION 400.GROSS AMOUNT DUE TO SELLER: 401.Contract sales price 402.Personal property 403.404.405. Adjustments for items oaid bv seller in advance406.City/town taxes 407. County taxes 408.Assessments409.410.411. 412. 420. GROSS AMOUNT DUE TO SELLER 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 501.Excess deposit (see instructions) 502. Settlement charaes to seller mne 1400) 503. Existina loan(s) taken subiect to 504.Payoff of first mortgage loan Colonial Savings (3/31/91)505. Payoff of second mortgage loan 506. 507. 508. 509. Adjustments tor items unpaid by seller 510.City/town taxes 01/01/91-03/21/91511. County taxes 01/01/91-03/21/91512.Assessments513. SCHOOL & 01/01/91-03/21/91514.DRAINAGE515. 516. 517. 518. 519. 520_ TOTAL REDUCTION AMOUNT DUE SELLER 600.CASH AT SE TTLEMENT TO/FROM SELLER601. Gross amount due to seller (line 420)602.Less reductions in amount due seller (line 520! 603. CASH (□}Q"O)(□FROM) SELLER 60,000.00 60,000.00 4,613.74 15,911.88 132.45 84.81 323.98 21,066.86 60,000.00 I 21,066.86) 38,933.14 46 SOLICITATION: You are required by law to provide TEXAS FIDELITY TITLE COMPANY with your correct taxpayer identification number. lf you do not provideTE�AS FIDELITY TITLE COMPANY with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. Und�enalties of perjury, I certi; that the number shown on this statement is my correct taxpayer identification number. -��.--�-"=a, }u--y, � Seller's S,gnature/ -r-Seller's Signature s _e_ll_e ,-·s-S-,g-n-at-u-,e--------------- The information contained in Blocks E, G, H, I, and on line 401 (or if line 401 has an asterisk. line 403 and 404) is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Page� . � GF9100177 L.SETTLEMENT CHA RGES 700. TOTAL SALES/BROKER'S COMMISSION based on price PAID FROM PAID FROM $ 60,000.00 @ 6.000 %• 3,600.00 BORROWER'S SELLER'S Division of Commission (line 700) as follows: FUNDS AT FUNDS AT 701.$ J,600.00 to O Farrell Realty SETTLEMENT SETTLEMENT 702.$ 703. Commission paid at Settlement (Money retained by broker applied to commission)$ 704. Other sales ac:ient charc:ies 705. Additional commission 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % 802. Loan Discount % 803. Appraisal Fee 804. Credit Report 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee 807. Assumption Fee 808. 809. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to 902. Mortgage Insurance Premium 903. Hazard Insurance Premium for years 904. years 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance month@$ 1002. Mortgage insurance month@$ 1003. City property taxes month@$ 1004. County property taxes month@$ 1005. Annual assessments month@$ 1006. month@$ 1007. month@$ 1008. month@$ 1100. TITLE CHARGES 1101. Settlement or closing fee 1102. Absiract or title search 1103. Title examination 1104. Title insurance binder 1105. Document preparation 1106. Notary fees 1107. Attorney·s fee (includes above items numbers: @$ to f'ROTTC'H /day per month per month per month per month per month per month per month per month rtumru J;, nF.WT'T''T' 1108. Title insurance to STEWART TITLE COMPANY (includes above items numbers: R-1 1109. Lender's coverage $ 1110. Owner's coverage $ 1-0.000.00 1111. r.tv Aqqocqmpnt RPronn r,ha to S'T'A'T'F. OF 'T'F.Xll<:: 1112. Polirv f!11;:ir;:intv Foo to S'T'A'T'F. OF 'T'F.X?IS 1113. t'qrrow FPP to 'T'F.Xll� FTnF.t.T'T'V 'T'T'T'J.1;' rf\ 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed$ 11 • 00:Mortgage $ ;Release$ 9.00 1202. City/county tax/stamps: Deed$ :Mortgage$ 1203. State tax/stamps: Deed$ ;Mortgage$ 1204. TAX CERTIFICATES to STEWART TITLE 1205. Federal Exoress to TEXAS FIDELITY TITLE CO 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey 1302. Pest inspection 1303. 1304. 1305. 1306. 1307. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section K) 3,600.00 1 Sli 00 ) 6q?..OO ) 6 92 5.00 I;() () () liO 00 ' 11.00 9.00 80.82 15.00 61.00 4,613.74 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief. it is a true and accurate statement of all receipts and disbursements made on my account in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement CITY OF FRIENDSWOOD /4 '"'y'<°y,Q. )1--v-..i�Borrower______________________ Seller --"--·· ___ i_,7,::;.... _____ ..,, ___________ _ Bv: The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause funds to be disbursed in accordance with this statement. Settlement Agent Abbie Markum March 22, 1991 Date WAR�lliG: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment For details see· Title 18 U. S C0de Section 1001 ;:ind S 0,ti"n 1 ()1 O TEXAS FIDELITY TITLE CO. WAIVER OF INSPECTION DATE: March 22, 1991 TO Texas Fidelity Title Company RE Policy No. to be issued G.F.No. 9100177 AMOUNT: 60,000.00 Gentlemen: In connection with the issuance to me of owners title policy covering the property described in the referenced policy, this is to advise that I hereby waive inspection of such property, and accept your policy subject to the rights of parties in possession, and take the responsibility of inspection of the premises and obtaining possession thereof from the present owners. City of Friendswood BY: Representing CHICAGO TITLE INSURANCE COMPANY TEXAS F !DELI TY TITLE cmlPJ\NY t:F I! 9100177 TAX PRO-RATION J\GHEDIENT DATE: March 22, 1991 In connection with the above captioned matter, the undersigned hereby t:ive recognition uf the following facts rcp,arding acl valorem taxes and/or subdivision maintt'1w11cc fees: (1)The pro-ration of taxes used in the closine was based on the folloHine: 1990 Pro-ration ·.is of j Gross Tax Fi gures 3/21/91 j 1------------�-------------- County of {zal:Y�§ton Ci t y of Friendswood � $ $ 386.93 1,347.73 60 4.30 - 130.43 \\':1tcr lli strict Friendswood ----------------!.• --"-----$ _$ 84.81 1 $ 323. 98 -jc $ 132.45 s; :KI n c. i 11 :-Je cl; tJ ., ·-:.s�"cl �1:1 i II t 1·1t:111ce Fund ___________ , :� --.. ---·--····-----·-·L s __________________ ·1,'ff,\I. I.?) --------�T�oT�A�L�: --� __ J__ 2,469 .• 39 ·---·---L-s ___ 5 41. 24 _____ _ L $ ·---·-·-·-----·-·----·l $ ______ .......... ·-----·-·· :;h1>ul1I the actual tax fii!ures for the yc:1r p1·0-r:1t.cJ prov<.: to b1.: <li f!'vrL'llt, r,·:·.11! t · i 1 1:'. in the 11eccs!;ity for adjustmc·nt, the undvr:;ii:111:d :11'.n-v :11HI con�:L'lll to 1;1:11.,· :q>propriatc :idju:,t1ncnt:; bet1vccn tlle111�·,clvcs, :111d Tl:X,\S FllJl:I.ITY T!TI.I: C0:-11',\;,;Y :·.!1:ill h:1vc. no rcsponsibil.ity in this rc1::inl. (:-:J Sl'ilcr recognizes thci1· rcspon!;ibility for :111 t:ixt::·, prio1· to the t!:11 1.' of c.:lo:;in)'. the subject tr:1nsact.ion. Should it develop :it a l:1rt:r date, that taxc:·. othl'r rh:111 those collcctctl at clo�;ing arc due for prior years, !:ieller :11:rces to 111:1b: f11ll :;ctt lcmcnt to TEXAS Fl])ELITY TJTLE cm1Pi\NY . . • ( .\) Puri:h:1scr recognizes their rcsponsihi li ty for <.:l:1Te11t yc:.ir t:ixes. r:urther, purch:1sc agrees ""to-CONTACT ALI. TAXING /\UT!-IOIUTli:S to notify them of the ch:inr,c j n cwnt'rsh i P o subject property to assure proper receipt of futun: tax 11otices. If propt•rty is to he homestead, purchaser must file for homestead exemption hcniccn .January 1st :incl April 30th, nt the folloNing loc:.ition: ' or, you may c:111 (71::;) to you. Tax J\ppraisal Offi.cc r..o..u._��-������---��----t-600 Gulf Freeway---:,vv-l'iUl LIi \.,ll1,;11�ll1 l'O ,, L l't'C --� -l---�����-��1""7T.'"'1.:---Texas City, Tx. 775 907,nl",.1.'-'1,,.vu, 1\..:.,ds , , .. .-,J. .. l 7i�i-=-6-t'trl -.Eir.c.l.l.$...l.oa...-l ···'·"i, :111d :1�;k that the form h: u1:1i lc-d 474-4489 -�a.�scllcr: City of Friendswood l'urcll:1�;1:r: BY: Scl lt:r: T1un:ll:1s<.'r: GF9100177 TFTCo/Pearla nd/am Date: March 22 , 1991 WARRANTY DEED Grantor: RICHARD M. CONWAY and wife, JEAN E. CONWAY; and LORNA DALEY ZEITLER, Indivi dually and as Independent Execut rix of the Estate of ED WARD 0. ZEITLER, Deceased; and GEORGE A. NIXON, as Trustee of ED WARD 0. ZEITLER TRUST Grantor's Mailing Address (including county): Conway -504 Clearview, Galveston County, Friendswood, Tx.7r546 Zeitler -#4 Emerald Circle, Galveston County, Friendswood, Tx. Nixon -3807 Millbridge, Harris County,Houston, Texas 77059 INITIAL ...._,,__ 75.46 -��<'-1., Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address (including county): 109 Willowick Galveston County Friendswood, Texas 77546 Consideration: TEN AND N0/100 DO LLARS and other valuable consideration Property (including any imp rovements): Part of Lot 2 in Block 6 of Friendswood, a Sub divisi on of part of the Sarah McKissick or J. R. Wi1 l iams 't JJJlo League, in Galveston County, Texas, according to the· map thereof reco rded in Volume 238, Page 14, in thefice of the County Clerk of Galveston C \ I pn and being more particul arly desc ribed by metes andg � \ft ..AO bounds as follows: y)l ✓,.n,.,J� ,r1J BEG INN ING at a point in the Northeast line of said Lot./l,J:f. � At Two (2) which point is North 45 deg. 00 min. West, a. � distance of� feet from the East corner of said Lot � ;)J�)· CP·v� Two (2); '2f10 THENCE from said beginning point continuing North 45 deg. 00 min. West, along and with the Northeast line of said Lot Two (2), a distance of 270 feet to the North corner of said Lot Two (2), which point is in the center line of a 60 foot road as sh own on map of record of Friendswood; THENCE South 45 deg. center line of said said Lot Two ( 2) , a for corner; 00 min. West, along and with the road and the Northwest line of distance of 325 feet to a point THENCE West, continuing along the center line of said road and the North line of said Lot Two (2), a distance of �feet to a point for corner; ��-fS THENCE South 45 deg. 00 min. vlest, continuing along the center line of said 60 foot road and the Northwest line of said Lot Two (2), a distance of 245 feet to a point for corner; THENCE South 45 deg. 00 min. East, a distance of 30 feet to a point for corner; THENCE North 45 deg. 00 min. East, and parallel with · the Southeast line of said Lot Two (2), a distance of - 1 - 234 feet to a poi nt for corner on the Northerly bank of Coward's Creek; THENCE with the meander of the Northerly bank of Coward's Creek on the following approximate courses and di stances: South 55 deg. 23 min. 20 sec. East, 61 feet; South 66 deg. 37 min. 40 sec. East 74 feet; North 51 deg. 05 min. 10 sec. East 11 7 feet; South 38 deg. 13 min. 10 sec. East 212 feet; North 39 deg. 44 min. 20 sec. East 200 feet; and THENCE North 18 deg. 35 min. 38 sec. East, a distance of 75.08 feet to the PLACE OF BEGINNING. Reservations from and Exce ptions to Conveyance and Warranty: Easements, righ ts-of-way, and presc riptive righ ts, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property; taxes for 1991, the payment of which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor, for the consideration and subject to the reservations from and exce ptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and sin gular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, suc cessors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administ rators, and successors to warrant and forever defend all and si ngular the property to Grantee and Grantee's heirs, executors, administrators, suc cessors, and as signs against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. Wh en the context requires, singular nouns and pronouns include the plural. RICHARD M. CONWAY JEAN E. CONWAY LORNA DALEY ZEITLER, Indi vidually and as Independent Execut rix of the Estate of EDWARD 0. ZEITLER, Deceased GEORGE A. NIXON, as Trustee fo EDWARD 0. ZEITLER TRUST THE STATE OF TEXAS * COUNTY OF BRAZORIA * This instrument was acknowledged before me on the March, 1991, by RICHARD M. CONWAY and wife, JEAN E. CONWAY. THE STATE OF TEXAS * COUNTY OF BRAZORIA * Notary Public, State of Texas This instrument was acknowledged before me on the day of day of March, 1991, by LORNA DALEY ZEITLER, Individually, and as Independent Executrix of the Estate of EDWARD 0. ZEITLER, Deceased. THE STATE OF TEXAS * COUNTY OF BRAZORIA * Notary Public, State of Texas This instrument was acknowledged before me on the March, 1991, by GEORGE A. NIXON, as Trustee of EDWA RD 0. ZEITLER TRUST. After Recording Return To: Texas Fidelity Title Compa ny P.0. Box 877Pearland, Texas 77588 Prepared in the Law Offices Of: Crouch, Crouch & DeWitt P. 0. Box. 759 Alvin, TX 77512-0759 Notary Public, State of Texas - 3 - day of �,. ....... .. ,.r...: ,• ; ....... ,.,,., .. ,,:. .. _.,:. -�·-�··. -,�..: �>'-:;}:.�-· .. :, ... ,.. .. •-'-4' ... __ FIELD NOTES Of a surv,ey; of -::. Part Cit' Lot 2 .in Block 6 of F1--.i.endswood, 1:i Subd.iv.i��on of par·t , of the Sorah ·McKlssick or·J. R. Williams L�ague, i�:GalvestonCounty, Texas, according to the map thereof recordod in Volume 238, F'11g1:: 14, i.n tho office of ·t.he County Clli-rk of ;�_i1lveston County-, Te�-.:as, and being MOl"'e particularly describ�Jl: J:>JJ flletes 1lnd bounds •lS follows: .(,)_.. · · ::�.;::�-:..·� , ... �\·•-:;,. BEGINNING Qt � point in th.e Northeast line of sciii:(·.:._to:t Two (2} which poin_t is North 45 deg1--ees 00 Nin1.1'l:.es We-st, •;i,\29-ist 1lnce of 390 ft:H�t frolll the Ea.st corn1::r of said Lot Two <2h/:fCalled 290feet) · <>;·, · THENCE f'ror11 so.id b&ginni\1g po.lnt continu.:i.n� Nor•th. ·-�,5 d�grees 00 Ninutes West, i:1long iind with the Northeast· l.i.�1e of.J�s-tl.id Lot Two. -� .... •··"'"-' . .;; ... �.�� ·.: . •, .. ' .�.:-( 2), a dist0nce of 270 feet to the North corner of sQid Lot.Two< 2), which �,oint .:l!:, l.n the centt'.\'l' line· of o. 60 foo-t, -:r.co.d ll!:i�hown on l'l•lfJ of 1�ecord of Fr.i.end�wood; -\�/� . �f?-"f THENCE SwJth 45 degr·ees 00 J\1:i.n1.1tes West, ,1long an4 wiih' ·tht: centel"' l.ln� of 1>11.i.d ro•ld ,1nd tht: No1--thwe-st line of s�"';i;d" Lot T\rlO (2), a. 1.i.i��'l:.1:rnc:€.-of 3;�5 feet to ,1 point for cor-ners . ·1-J/ · THENCE w�'!'st, continuing along·: the cerrte-1--line of ��l�::�od . 1.11·1,j .,.r the N<:>rth line of snid Lot Two (2), t..1 dist,lnce of' 94?.95· feet to Q point .f'.'op corni:r; '··: .. :;, · •.:> . ;_;/:t:. THENCE Snuth 45 tJegr-ees 00 111.inutt1S Wir:st, continuing �q.;qng the center line of goid 60 foot road i1nd the Northwest line·o, said l..ot lvrn (��), •l distance of 245 feet to •l po.int for cocner> . . . r:--e . .. , lHE:NC:E. Soti1:,h 4�) diigrei::s 00 plinut(:S E,1st, ,:i. dist,.i.nce ·of. 30 feet t·o,�:i point for cornt.:tri . ,•: > ... • "... '\,,. �. "l"HENCE N<:>r-th 45 dt":'gr·ees 00 J11.i.n1.1"l',es E•lgt o.nd pi:trallel};�i�h the Southe•lst line of S•lid l_ot, T\.J(J (2), •l d.is"l:,1ll1CI': of '234'./:;'f'eet 't.o •l point· for c:c:,rner on the Northerl�I ,l:1,:rnk of Cow,:ird' 5 · cf���:� --�_;_��t�r THENCE l->.i. th the llle-t.i. nder of t,he Nor'l:.herly b,.i.nk of Co�.0.�,�-' fi Cree�� on th.,:;: fol lowing ,1p·y:,1--oxi1111lt,:: co•.1rses •lnr.1 dist,:rnces: .,.?.�.!,lt_h 55 degr•ees :;�3 111ini.1te-s 20 seconds East., 61 feet; South. 6.4�(\�gPt:es �O 111in1Jt1':S '10 '.'H:con1j5 Ei:u�t 74 fe,::tJ North 51 d�gl"'e�<a 9s ;rz�,4,n1Jtes 10 !:,econ1.1s E 1:ist 117 feet1 60•.1th 38 degree6 13 lllin•.1tes 19 !;.s.econds E 11st 21�� feet, North 39 degrees 44 J11in1.1tes 20 'lecan_d,.?l!;:�st. 200 feet, •Hid ·/j:J.-:,/;.... ��·� ,'.' THENCE North 25 de9rees 34 n1.:i.nutes 36 seconds Ei:ist, ��;'¥'d�st 1l nt�1::.of 78. 89 fe�t to th� PLACE OF 'BEGINNING. ( Called N. fag. 35' 38 11 E 8 ) '' ·:\-:-";�-:(( ' --r:-::--.. as t. , 7 5. O • </.f�: .. _ .. ·< .. ·c: �.-.. )"��• I •. •·.., ,,;•, •I .. •••• • , ........ l-' .1/>lt ... / :",~.··,._v,,·•·'-1 •::1�.:-::�"''f ... .;.__,, -•. . ,, ' . .. � r. <), .. � , .. . �li.::· �:.:· . ·. ,::r: ·-?' l ··�:, \. ----... " . -.. --. -... � '.' ... '.{/'· • - HOu£n f I\CAl\FiS �, .• · ' . .?.:i... .• • ..... - • - .. • • • ..... • ....... _ • • • 1 . '·"i ' ' - · 1 002 - ). � . ··•-,\•:*·· < ·-� . ,�_.((:! · · ·::• ; .. �-"'7.A <o,-,o�--0 /4 ��---�r: vo••.!aA� .• -;,_:..\. , ,r/ -.. , SUR'-J"' 1/ / ;· --· -_-'� .... __ � - TEXAS LAND COORDINATORS, INC. 10502 Telephone Rd. #276 Houston, Texas 77075 GF # 8900484 DATE 3-19-91 (713)997-1585 BUYER City o!� 2-'riendSl"OOd ADDRESS S:'la dwe 11- 'Drive C/0 Te xas �ideli ty, Title Co. NAME 3302 East ·,-Jalnut Pearland, Texas 77582 NAME Pon C ox, C-ft y Manager ?riendsw ood City Hall 109 1:/il lowick Friendswood, �exa s 77546 DESCRIPTION ?art of =..ot 2 1 NO. 2692 Abbie 485-::230? �82-332 .3 J0#5-S_5-!) iT ax AMOUNT '.$40 0. 00 ',q Jl. 00 FIELD NOTES Of a surv,ey. of Part of Lot 2 in Block 6 of Friendswood, a Subdivi��on of part, of the Sarah·McKlssick or·J. R. Williams L�ague, in'Galv�ston County, Texns, according to the MOP ther�of recordad in Volume 1 238, P,lge 14, i.n tho offica of ·t.ht:: Co1.rnty Cl�rk of:J,i,•�lve5ton County, Te��as, and being lllore purticularly-descr.ibfig:,-b!:J 1\11::tes •lnd bo1.1nds •lS followg: .::,,::;;_..· t.t�: .. ,:f'f.�\ •· �-E< E GINN ING o.t a. po.int in th.� North�•�st line of saiq'�!_::ot Two (2} which }"Join_t .is No\"th 45 di?!F't:es 00 P\.inutes We-st, •tt�+st 1lr1ce of · 390 fe�t -frail\ the Ea.st cornt":r of said Lot Two (2)(:-:Jcalled 290 feet) · ��:; .. THENCE f'ror11 SQ.id bug.inning -point continuini;r Nor•th/� . .? d�grees 00 lllinut1::s West, along rind with the Nor•theast l.i.\1e of'��:llid Lot Two .. •, ., .-.. :� .. -=��,--. -:. . ' : .. � -< 2), ,i dist•lrlCf: of 270 fe�t to -\:,he Nor•th corner of' said Lot, Two <2 ), which �,oint .:i.!;, .in the centel" line· of a. 60 f'oo't.-·r:®d a�i . ,,,.-. .,. �hown on N•lfJ of r·eco1't.i of Fr.i.end�wood; · :��L:· ..f.��-i?l" THENCE South 45 degrees 00 minutes We�t, along and �f��·the center-l inf: ()f 1l•lid l"O•ld tll1d tht::: No1--thwe1at line of s;.i'"iir· Lot THO ( 2), 11 1-i.i.��t,:inc:e Of 3;�5 feet to •l point for COl"'rle\"J ;,_:r THENCE W,'!'st, c:ontinu:ing aloniJ the c�nter l.:i.ne. of ��".:i.���ad 1.1nd the No1'th line of S•lid Lot Twci <2>, Q d.ist,:rnce of' 94;9_5. f'ee\ ·to Q pol nt for c:c,rnt?r; ., ·.-_ \:· ·::,;\ THENCE Snuth 45 degrees 00 Minutes West, continuing ·q�ong the center line of said 60 foot road and the Northwest line of said Lot 1vrn <��>, •l di�to.nce of 245 feet ·to •l point for _ cgfner> ·:-.:·· THENCE. lJOllth 4�) diz-�gr•e1;:�. 00 11linUt(:o!:1 E1u,t., •l dil:,'t<.ll'ICe of 30 feet to'°t•l point for co1'ner J :_;;.· .• , ·- '!"HENCE North 45 degr·ees 00 Jll.1.l'll..ltes E•lSt Q\1d µo.ralle(:;�·ith th� Southt:•ist l.i ne of s,iid Lot T\,m < 2), ,1 d.i.st,1nC\': of :23·4:"'feet ·t.o •:>.point· for c-;<:H'ner trn the Nortl,�rl�J l:,H.ll1k of COW•ll"d I 5 C.r�-��1;; �·. �::���:�,.: THENCE �d.th the Ner.rnder of the Nor"l:.her-1!::} b1.rnk of Cow,9.,p_d/ s Creek on the fol lowing ,1p.proxi11111tf.-co1..Lrses ,111r.1 dist,lnces: ·,\s.��th 5S 1.1e91�ee�. :;�3 miniJte-s 20 seconds Eo.s·�, 61 -fet":t; South· '6'6,:1;d�g\"'t:es �{7 Minutes 40 s�conds EaYt 74 feet, North 51 degree� O�ilnutes 10 !:,eco111.ts f:1:>.!:it 117 feet, Soi.1th 38 degrees 13 J11in1..Ltes 19 ,?s,e_conds £:-:,1st 21�� fer:t; Nor·th 39 d1::gree<:i> 44 11iinut1::s 20 seconq·?3'�f.lst_ 200 feet; ,:ind · :t·\,,· · .• /:.��-;: ' 1nim1tes 36 seconds E.:ist, -;�1;:dist 11n<.:I'.': OF Bl::GINNING. (Called N. f85?.-.'.35' 38" ., THENCE North 25 degrees 34 of 78. 89 fe11:t to th.t: F'LACE East., 75.08). '-·. ... :.,--v...,__ . .:;?�\(·,: ---�::�:·C�-�,\ .. lt:f;' \• .;.�;· 4.·, � .. ·, • ..... \J... J' ... ,D-.... J <f' '1 .: ::.:;�:/�· .. �::· .. Ji.( '\��·' ·'",'• )�� ........ ..... ""' ................... "' ... ,. ,,... o---nr . '"'"'"$ ;y , ., .;:,s;.• ' f� t,[J 11 f\t.,r\?i,•; • / . . •.�\�/ . ··· .. ::,···.;··_·,--·�-�-·) 11/4 ..... , -. �<.-? .Ou2 ,�-Zl:, ��. --�}.;� "7,}•·�J:°?5S!�':'·.:i_? / . .,.... · O Su°R\J� .. �./ ---··-·-1/ / � ... . :·· . � J - _,_ 3 0 ..__O: w > 0:0 ....J _j w-3, 0<l: ::c, ... (.f) LO N r<) ;::' l>VNi> '1/1. /,, ;r,t.o-11t.oe> -4-, .,..,,,11,,,._.,,., �e>lf L.07"' :\ 7 2. � ...... o, ">° <>I � ().. "2. 6� ______-§] � ()8 1.5) q tJ) 'r I v J/1{/; f-tµcE P. O.B. EAs-r "� Jl � / ; "� / /· � / . /·�//� .l/4 / /,l'o,,_.,,..,Y ... v 0 I N 4S 00 WCr,.,, '"'"39 0' "l-90.:/ --�/ Vorl:/ ,' � .. ,,.. � .. , 0 � •-/II� /0 I J�,-. � /'' .,,,, lr.T,?fT, / .SC,v, --� 0 I I/ N253436E 78.89 1,; ro 1€. Y • v-2 o4.r { ,-�r ,u,,,,,E P-.3 9 I -� -r1-I) t..,. 1,..(7 0-\JpA ,t c-1< b t<') f!J lO Z tS39"/3'/0't= 212'� /C#VNd ,,_, • C,y ;&If.,,,..,,. �Pd O I t( N 51 05 !OE 117 1 •f'' ' lD "-q � � z_......_ S66°3l40E741 ' �-s ss 0 23' 2-0 1E / N "> � :s i,o � cO ... II)� q ('c) rJ) N 61' ,W 0 eO IS) q z �l �'t () (/ S45 °00E 3d BUYER City of Friendswood DESCRIBED PROPERTY ' �­�-� � Shadwell Drive Part of lot 2, Block 6, of FRIENDSWOOD , a subdivision of part of the Sarah McKissick or J.R. Williams League, in Galveston County, Texas, according to the map thereof recorded in Volume 238, Page 14, in the office of the County Clerk of Galveston County, Texas, and ·being more particularly de­scribed by metes and bounds as attached. TEXAS LAND COORDINATORS, INC. 10502 Telephone Rd. #276 Houston, Texas 77075 997-1585 .8900484 G.F.-'----- Date: 3 -1 9-91 Inv.• 2692 { J.O.. 3-53-91 I do he,..bycertlty thet thl11urveywH 1h11 day made on the ground ot the property legally deaerlbed hereon. (or on the attached thHll. and l1 correct, and there are no encroachment. unlaaa lhown. Note: There are no natural drainage couraea on thla property. Note: Thia property doea • II• In a flood hazard zone according to H.U.DJF.IA '/6'.S-}t/;;6 oOOS-0 6-:,-BB Zo_,.,,e K /s¢-t!=' ,-9 ,(fk)Ve)20,1<✓,: .,,e� DATE· BY -···- FIELDWORK lW DRAFTING L8 FINAL CHECK If ,f- �I • --..c... 3 0 ..... o: w> 0: 0 .J _j w-3, 0 ,<t�-­ <J) u) N rn WEST 1� 94.95 � rDv.w, 'li. " ,:r.l(.e,,V�()e> ,4-r ,vPA r,.- e O l t . t-o-r' t, I (.,, (Jt)t) r-e,,vc E Y--1 v1fll.E f-eN<F (/ P. O.B. £,1 s-r c,�,..,r-t 2 r\ 7��"" � �70 1 �:-"\�lh / t,.Q; � "� / / ,,/· i.')�), / �i / /'/� ·o ': I:'., e / ''°"N'Y ... v 0 I N 4S 00 WC,.,. .. �(1,39 0' 7.90;,; 0 � 0 I I/ o-:f · /lli�rl , "z..c.-,.,.. �.,, 1. 6!! . N . /0 I J�-. ,\..0 , ✓' / 'f}-:.;r. 'o ,1 N253436E 78.89 1,} ro � Y • . 1/-2 o�.r <."l 't /.,,,-�r �,?,,-nt' p • .3 9 I -i-r '?.,.() �.-r ,_o i,. er \J p,,q tf.l oc.l< t<"')z e t S39°13'/0't= 212 ''-,_ ,,,VN� ½ •(,,,y ;i=�1,v �Pe' 0 { 1/ N 51 05 IOE 117' ......·r ' lD � � S66 °37'40E741 ..... ' !�-s ss 0 23 1 201E ,;j" N � N 61 1 3 � ,W ,o �0 cO .... eO u) �LO ,;j" (") ,;j" V) z 545 °00E30 �r J� Q CJ BUYER Cit y of Friendswood DESCRIBED PROPERTY ·� . �,-0 C> Shadwell Drive Part of lot 2, Block 6, of FRIENDSWOOD, a subdivision of part of the Sarah McKissick or J.R. Williams League, in Galveston County , Texas, according to the map thereof recorded in Volume 238, Page 14, in the office of the County Clerk of Galveston County, Texas, and ·being more particularly de­scribed by metes and bounds as attached. TEXAS LAND COORDINATORS, INC. 10502 Telephone Rd. #276 Houston, Texas 77075 997-1585 .8900484 G. F. --'----­ Date : 3-1 9-91 lnv.•..W2 ( J.O.. 3-53-9 1 I do hereby certify that thla aurvey waa thla day ma de on the ground of the propert y legally dHctlbed hereon. (or on the attached ahHU. and la correct, and there are no encroechmenta unleH shown. Note: There are no natural drainage cour .. a on thla property. Not,: Thia property doea • lie In a flood hazard ;i:on• according to H.U.DJF.IA '/&.>'J'E,>6 ot>O>'O b-:,-88 z 0,ve .A' /j�-e /9 $>Ve)7.0,,../t:-,,cl:::. DATE· BY -··· FIELDWORK (°28 DRAFTING l.8 FINAL CHECK If,{- �j � . . 1l � l \ . / � �1:1 c = l 0� � (� � • ' 1 I \ ' i j C) C) � � � �� • . . . , . _ ' < I � � � � C) 1:.1V Q � . .. . , � � . . , , ' - . ) -- ✓ - - (1\ (\l (1\ (1\ (\l Q() l::t- GF9100177 T�TCo/Pearland/am WARRANTY DEED Date: March 22 , 1991 Granter: RitHARD M. CONWAY and wife, JEAN E. CONWAY; and LORNA DALEY ZEITLER, Individually and a� Independent Exec utrix uf the Estate of EDWARD 0. ZEITLER, Deceased; and GEORGE A. NIXON, as Trustee of EDWARD 0. ZEITLER TRUST Grantor's Mailing Address (including c·ounty): Conway -504 Clearview, Galveston County, Friendswood, Tx.7}546 Zeitler -#4 Emerald Circle, Galveston County, Friend�wood, Tx. Nixon -3807 Millbridge, Harris County,Houston, Texas·77059 Grantee: CITY DF FRIENDSWOOD Grantee's Mailfng Address (including tounty): 109 Willowick Galveston County Friendswood, Texas 77546 Consideration: TEN AND N0/100 DOLLARS and other valuable consideration Property (including any improvements): Part of Lot 2 in Block 6 of Friendswood, a Subdivision of part of the Sarah McKissick or J. R. Williams League, in Galveston County, Texas, according to the � map thereof recorded in Volume 238, Page 14, -in the - � office of the County Clerk of Galveston County, Texas, and being more particularly described by metes and 1.· bounds as follows: � \ \ � BEGIN NING at a point in the Northeast line of said Lot � Two (2) which point is North 45 deg. 00 min. West, a d)\g distance of�rifeet from the East corner of said Lot vl %/i A, Two (2); "2PJ·v _ e;c:-�9� THENCE from said beginning point continuing North 45 deg. 00 min. West, along - and with the Northeast li•ne of said Lot Two (2), a distance of 270 feet to theNorth corner of said Lot Two (2), which point is in the center line of a 60 foot road as shown on map of record of Friendswood; . . THENCE South 45 deg. 00 min. West, along and with the center line of said road and the North west line of said Lot Two (2), a distance of 325 fe·et to a point for corner; THENCE West, continuing along the center line of said road and the North line of said Lot Two (2), a distance of �feet to a point for corner; f9.f...> THENCE South 45 deg. 00 min. West, continuing along the center line of said 60 foot road and the Northwest line of said Lot Two (2), a distance of 245 feet to a point for corner; THENCE South 45 deg. 00 min. East, a distance of 30 feet to a point for corner; THENCE North 45 deg. 00 min. East, and parallel with· the Southeast line of said Lot Two (2), ·a distance of - 1 -t�fY � 'ii 0RiG,1tJJ/i,U /0 C foq-e.,r Lf.s ,Cf( ·Uf"' f Jt. TEXAS ASSOCIATION OF.REALTO��; [m] i � l t � j RESIDENTIAL. LEASE AGREEMENT iw� . . ��� l.PARTIES. This Lease Agreement is between William L.id�ell ·· � (Tenant(s)) and City of Friendswood (Landlord), whose address and phone number arc shown at the end of this Lease. The term "Tenant" refers I? all of the above Tenants unlessotherwise indicated. · · 2. LEASED PREMISES. Landl9rd hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain property with the improvements thereon, hereafter called the "Leased Premises" located at (mailing address), _____________ _Cowart Creek Apartments, 110 Shadwell 113 Friendswood, Texas Galveston . County, Texas (zip) _..:.7..:.7-=·S:....4:....:6c..._ ______ _ or as described on attached exhibit, for use as a private residence only.. . . . · 2 months b · · th 3.LEASE TERM. The term of this Lease shall be for a period of . egmning on e 1st day of April , 19�. and ending on the 3lSt day of_M_a..:.y_· _______ _ J 9 91 . This Lease will be automatically renewed on ·a month-to-month basis unless written notice of termination is given bv either party at least 30 days before the end of the above lease term or any renewal or extension period, or unless another lease is signed by both parties. When renewed on a month-to-month basis, and until another lease agreement for a specific period is signed by both parties, either party may terminate this Lease with a 30-day written notice. If occupancy of the Leased Premises is delayed because of construction or prior tenant's holding over, Landlord shall not be liable to Tenant for such delay, and this Lease shall remain in force subject to the following conditions: (i) rentals shall be abated on a daily basis during delay, and (ii) Tenant may terminate by giving notice in writing to Landlord no later than the third day of delay, whereupon Tenant shall be entitled only to refund of Deposit(s) and any rentals paid. Such conditions shall not apply to cleaning and repair delays. 4.MOVE-OUT NOTICE AND RELETTING BY LANDLORD. At least thirty (30) days written notice of intent to vacate must be givento Landlord or Landlord's Representative prior to move-out at the end of the above lease term or renewal or extension period.VERBAL NOTICE IS INSUFFICIENT UNDER ANY CIRCUMSTANCES. In the event of automatic renewal or extension, the leaseterm shall. extend to and the rent shall be paid through the last day of the month following the expiration of the 30-day notice period;in other words, the last month's rent must be for a full month without any prorations. Failure to give th/. 30-day written move-out notice will subject Tenant to liability for further rentals, cost of reletting charge in the amount of S n a (not toexceed 100% of one full month's rent) and other damages and charges to which Landlord is entitled. Should Tenant vacate the LeasedPremises without rent being paid in full for the entire lease term or renewal or extension period, Landlord shall use diligence to reletand Tenant shall be charged for costs of reletting regardless of whether or not reletting attempts are successful. It is to the mutualbenefit of both Tenant and Landlord to stipulate in advance the costs of reletting because it is difficult to evaluate such costs as inconvenience,paper work, advertising, showing Leased Premises, air conditioning and utilities for showing, checking prospects, administrative andoffice overhead, and locator service fees (all of which may vary greatly). Therefore. it is agreed that costs of reletting shall be a liquidatedsum as stipulated, regardless of whether the actual costs are greater or lesser. This amount shall be in addition to past due rentals,future rentals and/or charges for cleaning, repairing, repainting or other sums due under this Lease and the foregoing shall not waiveor diminish Landlord's right to recover such additional amounts. All subsequent rentals received shall be credited against Tenant'sliability for future rentals. 5.RENT. Tenant agrees to and shall pay Landlord at (mailing address)·_.e.1.:.:0..&.9.......:.W:.:io.al""l"'o""-w:::..:i.,.c""k...,,.__ ___________ ,Friendswood Texas, Zip 77 546 , or at such other place Landlo.rd shall designate from time to time in writing, as rent for the Leased Premises, the total sum of$ ( 2m on t hs) A'pri 1 & May payable in advance and without demand in equal monthly payments of $ 210 • OO on or before the 3rd day of each month and continuing thereafter until the total sum shall be paid. The prorated rent from the date of move-in to the first day ·of the following month is$ n/ a .The prorated portion is payable on the first day of the second month of occupancy. One full month's rent is due on move-in. If any rental payment is not paid in full on or before the 7th day of the month, Tenant agrees to pay a late charge of $ 10 • 00 , plus an additional late charge of S 2 • 00 per day thereafter until the rental payment is paid in full. Tenant agrees to pay a S 15 • 00 charge (not to exceed $IS.Po) for each returned check, plus initial and daily late charges from the late charge date until acceptable payment is received by Landlord. Penalties for violating the pet restrictions of this Lease, particularly Paragraph 21, shall be $, _______ per day (not exceeding $10.00 per day). Tenant's right to possession and Landlord's obligations are expressly contingent upon the prompt payment'of rent, and the use of the Leased Premises by Tenant is obtained only on the cqndition that rent is paid in full on time. Landlord may require that all monthly payments be paid in one monthly check rather than multiple checks. All monies received by Landlord shall be applied first to non-rent obligations of the Tenant, including late charges, charges for returned checks, and pet penalties, if any, then to rent. regardless of notations on the check. At Landlord's option, Landlord may at any time require that all rent and other sums be paid in cash, cashier's check, certified check or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay to Landlord on or before the execution-of this Lease the sum of$ n /a as a security deposit (Deposit), for the faithful performance of the terms and conditions of this Lease by Tenant. This Deposit shall not be construed as rent, and any attempt by Tenant to withhold payment of the last month's rent on the grounds the Deposit serves as·security for unpaid rent is a violation of V.T.C.A. Property Code §92.108. At least thirty (30) days written notice of intent to vacatemust be given to Landlord for refund of Deposit. Refunds shall be made in accordance with this. Lease. Tenant shall not be entitledto interest on the Deposit. . ,. . .. 7.DEPOSIT DEDUCTIONS. There shall be deducted from the Deposit appropriate charges for: (i) unpaid rent including late.charges;(!i) unpaid_ utilities; (iii) cleaning, damages and required repairs to the Leased Premises or its. contents beyond normal wear and tear;(1v) replacm� unreturned keys and/or change of locks; (v) cost of removing unauthorized locks; (vi) removing and_ storing abandonedproperty; (vu) removing abandoned or illegally parked vehicles; (viii) cost of pest control if required by Landlord; (ix) trips to admittelephone or c�ble TV representatives for removal of Tenant's service; (x) insufficient light bulbs; (xi) stickers, scratches, burns, stainsor holes, etc., m walls, doors, floors, draperies, carpets, and/or furniture; (xii)' agreed costs of reletting; (xiii) attorney's fees and courtcosts i�cur_red in any evict!on proceeding �gainst Tenan�; and (xiv) other charges provided for herein or agreed to by the parties hereto.Deposit will be first applied to non-rent Items. mcludmg late charges, charges for returned checks, and pet penalties, if any, thento unpaid rent. Any balance of the Deposit shall be refunded to Tenant by mail within thirty (30) days of the date Tenant surrenders the LeasedPremises an� keys and ?cl_ivcrs Te�am:s for"."arding address t� Landlord in writing_ in accordance with State law. Landlord shall provide:en �nt a _written des:npt�on and 1tem1zed hst of any deducuons. The Landlord 1, not required to tive the Tenant a description andItemized list of deductions 1f the Tena �t owes rent when he/she surrenders possession of the premises and there is no controversy concerningthe_ amount_ of rent owed. If deducuons exceed the Deposit, Tenant agrees to pay Landlord the amount due within ten (10) days ofwritten nouce to Tenant by Landlord. · 8.UTILITIES. Tenant shall pay for electricity, gas, water, wastewater, garbage telephone and cable TV for the Leased Premises unless. otherwise indicated in Paragraph 32 below. Utilities shall be. used only for �ormal ho�sehold purposes and not wasted.9.USE OF LEASED PREMISES. The Leased Premises shall be used as a private dwelling only, with the total number of adults andchildr:en residing therein not to ex�eed . . Tenant shall not permit the Leased Premises or any part thereof to be usedfor: (1_) the �ondu�t of any �ffens1ve. noisy, or dangerous activity; (ii) repair of imy vehicle; (iii) the conduct of any business of anytype, including child care; (1v) the conduct of any activity which violates any applicable deed, homeowners or subdivision restrictions; lniliats: o( Tr-n:ant(s) __ lnilial• ur 1.andlord or 1.andlord'• Rrpr<-.ntallvr __ 1··, r , .. �-.: or (v) any purpose or in any manner which will obstruct. interfere with, or infringe on the rights of other persons near the Leased Premises. Tenant shall not permit more than two vehicles (including but not limited to automobiles, trucks:· recreational vehicles, trailers, motorcycles and boats) on the Leased Premises unless authorized by Landlord in writing. Non-operative vehicles shall not be stored on the Leased Premises or on the street in front of or adjacent to the Leased Premises. Any of Tenant's vehicles which are deemed inoperable may be towed by Landlord ·or La�dlord's Representative at Tenant's expense. The Leased Premises which are reserved for Tenant's private use shall be kept clean and sanitary by Tenant. Garbage shall be disposed of only in appropriate receptacles. Tenant shall M liable to Landlord for damages caused by Tenant. Tenant's guests. or occupants. Guests may not stay in the Leased Premises longer than ten (10) consecutive days without Landlord's written permission. If provided. Landlord's written Rules and Regulations arc hereby made a p�rt of this Lease. and violation of the Rules and Regul:itions by Tenant. Tcnnnt's gucsis or other occupants of the Leased Premises shall be deemed a violation of this Lease. Landlord's Rules and Regulations include those imposed by either a condominium association or multi-tenant complex. 10.RESPONSIBILITY FOR CONDITION OF LEAS.ED PREMISES; Tenant has thoroughly inspected and accepts the Leased Premises as is except for conditions materially affecting the health or safety of o·rdinary persons. and Landlord has made no implied warranties as to the condition of the Leased Premises.and no agreements have been made regarding future repairs unless specified in this Lease. A Move-In Inventory and Condition Form will be provided to Tenant on or before move-in. The Move-In Inventory and Condition Form is to report the condition of the Leased Premises and is not a request for maintenance· or repairs. Within 48 hours after move-in.Tenant shall note any defects or damages to the Leased Premises on the form and deliver or mail said form to Landlord; failure of Tenant to return form to Landlord shall be deemed as Tenant's acceptance of the Leased Premises to be in clean and good condition.Landlord has prc:,vided locks and smoke detecto_rs as required by Jaw. Tenant has inspected the existing locks-and latches and agrees that they arc safe and acceptable, subject to Landlord's duty to make needed repairs of same upon written request of Tenant. Any _ additional locks or smoke detectors desired by Tenant may be installed at Tenant's expense only after written approval from Landlord., -When installed, any additional items shall become the prop�rtY,,of_Landlord. Tenant shall use reasonable diligence in the care of the ·· .... , ... -·-··Leased Premises and shall be responsible for: (i) costs of plu�bing stoppages and damages from same caused by foreign or improper · objects and no�caused by Landlord's negligence in lines exclusively setving the Tenant's dwelling; (ii) damages to doors. windows. or screens not caused by Landlord's negligence; (iii) damages from windows or doors left open; (iv) supplying and changing heating and air conditioning filters at monthly intervals; (v) supplying and-replacing light bulbs and smoke detector batteries; (vi) maintaining and watering the yard, including shrubbery; any replacement due to Tenant's neglect in watering or maintenance shall be at Tenant's expensej any alteration of existing landscape must have written approval of Landlord; (vii) prompt removal of trash from the Leased Premisesj (viii) eliminating any condition that may be dangerous to health and safety; (ix) cost of pest control except for wood destroying insectsj (x) taldng precautions to preclude broken water pipes due to freezing; (xi) lost or misplaced keys; (xii) damages resulting from Tenant's failure to promptly notify Landlord of needed repairs; and (xiii) maintenance of the following in good working order at Tenant's expense: Landlord not responsible for repairs during this 2 month term of lease. Tenant shall NOT: (i) make any repairs o� alterations to the Leased Premises without written permission from Landlord; (ii) remove any part of the Leased Premises or Landlord.'s property for any purpose; (iii) remove, change, or re-key any lock without permission of La!ldl?rd; (iv) make holes in the woodwork, floors or walls except that a reasonable number of small nails may be used to hang pictures JO sheetrock walls and grooves of paneling; (v) permit �ny water furniture in the Leased Premises without written permission of Landlord; (vi) install new or additional teleppone or cable outlets without permission of Landlord; or (vii) replace, remove or shampoo carpet, paint or wallpaper without written permission of Landlord. Tenant agrees to surrender the Leased Premises at the end of the term of this Lease and any extension or renewal thereof in the same condition as when received, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness, accident or abuse. 11.LIABIUTY.. Landlord or Landlord's Representatives shall not be liable to Tenant, Tenant's guests, or other occupants, for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Leased Premises, or other occurrences or casualty losses unless such damage or injury is caused by the gross negligence of Landlord or Landlord's Representatives. Tenant agrees to notify Landlord immediately of any dangerous or potentially dangerous conditions on or about the Leased Premises. Landlord strongly -recommends that Tenant secure his ·own insurance coverage for protection against such liabilities and losses. If Landlord, Landlord's Representatives, agents or employees are requested to render services not contemplated in this Lease, Tenant agrees tohold h�rmless Landlord and the others named above from all liability in connection with such services. 12. LANDLORD'S RESPONSIBILITY FOR REPAIRS. All requests by Tenant for repairs to be made by Landlord must be directed to Landlord or Landlord's Representatives in writing except those caused by fire, interruption of utilities or such other emergency. LANDLORD'S DEFINITION OF EMERGENCIES: Problems that Landlord is liable for and materially affect the health or safety of an ordinary Tenant. An emergency is not a condition that merely causes inconvenience or discomfort to a Tenant. The Landlord does not have a duty to repair or remedy a condition caused during the term of this Lease by the Tenant, a lawful occupant in theTenant's dwelling, a member of the Tenant's family, or a guest of the Tenant unless the condition was caused by normal wear and tear. Landlord shall have the right to temporarily discontinue utilities and the use of any fixtures or appliances oy Tenant if the interruption results from bona fide repairs, construction, or an emergency. Landlord shall act with due diligence but shall not be obligated to make repairs on other than a business day except in the event of an emergency. No deductions shall be allowed in the rent during reasonable periods of repair to the Leased Premises and this Lease shall remain in full force. If, in the opinion of Landlord, the Leased Premises are substantially damaged by fire or other casualty loss, Landlord may terminate this Lease upon reasonable notice to Tenant. In this event, the rent shall be prorated to the date ?f termination and Deposit(s) refunded less lawful deductions. 13. REIMBURSEMENT. Tenant shall promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the dwelling caused by negligence or by improper use by Tenant, Tenant's guests, or other occupants unless repairs have been properly made by Tenant pursuant to requirements or permission set forth in this Lease. Such reimbursement is due when Landlord makes demand. Landlord's failure or delay in demanding damage reimbursement, late payment charges, returned check charges, or other sums due by Tenant shall not be deemed a·waiver and Landlord may require payment of same at any time, including deductions from Deposit. Landlord may require advance payment of repairs for which Tenant is liable. 14.LANDLORD ACCESS. Landlord, Landlord's Representativ.es and other persons specifically authorized by either of them may enterthe Leased Premises by re;i.sonable means at reasonable times without notice to: (i) inspect the Leased Premises; (ii) make repairs; (iii) show the Leased Premises to prospective Tenants or purchasers, governmental inspectors, fire marshals, lenders, appraisers, insurance agents; and (iv) exercise a contractual lien. IS. DEFAULT BY TENANT. If Tenant fails to pay rent or other lawful charges when due or if Tenant fails to reimburse Landlord for damages, repairs, or other costs when due as provided in this Lease, or if Tenant abandons the Leased Premises, or if Tenant, Tenant's__J;uests or other occupants violate this Lease or Landlord's Rules and Regulations (if provided) or applicable state or local laws, Landlord or Landlord's Representative may terminate Tenant's right of occupancy by giving Tenant three (3) days' notice to vacate in writing; except however, notice may be by mail or personal delivery to Tenant or left in a conspicuous place inside the Leased Premises. Such termination does not release Tenant from liability for future rentals. Landlord's acceptance of rent or other sums due after Landlord gives Tenant notice to vacate or after Landlord files eviction suit shall not diminish Landlord's right of eviction and shall not waive Landlord"s right of property damage. past or future rent, or other sums due. If Landlord prevails in any suit for eviction, unpaid rentals, charges or damages, Tenant shall be liable for Landlord's administrative cost_s, court costs Initials of Tmanttsl __ . (T AR�l4) J/90 lnhl,b or Landlord or Landlord') Rcprc�cntath·c __ PAGF.2orS r _ ... .,. and reasonable attorney's fees and all amounts shall bear 10% interest from due date. If T�nant's rent is delinquent, Landlord shall nGt be obligated to continue utilities which are furnished and paid for by Landlord. Landlord may report unpaid rentals or unpaid ·damages to the local credit bureau for permanent recordation in Tenant's credit record. 16.TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO REPAIR OR REMEDY A CONDITION. Where Landlord has a dutyto repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant, Tenant may terminate thisLease, withhold rent, offset rent against needed repairs, or pursue judicial remedies only when the . .f�lowing procedur�ollowed: (1)the Tenant has given Landlord prior written notice to repair or remedy a condition which materially affects the physical healthor safety of an ordinary tenant; (2) the Landlord has had a reasonable time to repair ot remedy the condition, considering the natureof the problem and the reasonable availability of materials, labor, and utilities from a utility company; (3) the Landlord has not made·a diligent effort to repair or remedy the condition: (4) the Tenant has giv, n subscqucn1·writtcn notice to Landlord stating that Tenantintends to terminate the lease, exercise repair and deduct remedies. or i;ursuc judicial remedies: and (5) the Tenant is not delinquentin the payment of rent when the notices were given. 17.ACCELERATION. If, in violation hereof, Tenant or Tenant ·s agent gi""S notice of intent to move out more than thirty (30) daysprior to the end of the lease term or renewal or extension period. or if Tenant moves out or removes property from the Leased Premisesin contemplation of moving therefrom prior to the end of the lease term or renewal or extension period, or if Tenant is evicted bycourt order, then all monthly rentals which are payable during the remainder of the lease term or renewal or extension period shall be accelerated without notice or demand and shall be immediately due and payable. S.uch right of acceleration is in lieu of having rentals for the entire lease term payable at the beginning of the Lease. 18.HOLDOVER. If Tenant fails to vacate on or before the required move-out date (i.e., the end of the lease term or renewal or extensionperiod after proper move-out or vacate notice has been given under P:iragraph 4, or a different move-out date agreed to by the parties in writing), Tenant shall be liable to pay rent (or the holdover period and to indemnify Lanplord and/or prospective tenants for damages. (including lost rentals. lodging expenses, and attorney's fees): and at Landlord's option, Landlord may extend the lease term for up to one month from the date of notice of lease extension date by delivering written notice to Tenant or Tenant's dwelling while Tenant is still holding over. Rent for any holdover period shall be immediately-due and payable on a daily basis and delinquent without notice or demand. Tenant understands and acknowledges that Tenant will be considered in possession of Leased Premises a·nd liable for payment of rent for the holdover period until all keys to the Leased Premises are returned to Landlord and all personal property is removed. 19.CONTRACTUAL LIEN. To secure payment of delinquent rent under this Lease. all personal property on the Leased Premises and . property that Tenant has stored in any storage room (except the property exempted by statute) is hereby subject to a contractual landlord's lien. This contractual lien is in addition to the statutory landlord's lien provided by Section 54.041 of the Property Code. In order to exercise contractual lien rights, Landlord or Landlord's Representative may peacefully enter the Leased Premises (and any storage facilities) al)d remove and store all property therein, except property exempt by statute; immediately after seizing non-exempt property, the Landlord or Landlord's Representative shall leave in a conspicuous place within the dwelling, written notice of entry and an itemized list of the items removed. The notice must state the amount of delinquent rent and the name, address, and telephone number of the person the Tenant may contact regarding the amount owed. The notice must also state that the property will be promptly returned on full payment of the delinquent rent. Landlord is entitled to collect a charge for packing, removing, and/or storing property seized. If Tenant has abandoned the premises, or has been evicted by judicial process, Landlord or Landlord_'s Representative, may peacefully enter, remove, and store all property still remaining on or in the Leased Premises. There shall be no sale or disposition of any of the foregoing property except pursuant to this Lease. Landlord may sell such property at a public or private sale (subject to any recorded chattel mortgage or financing statement) after thirty (30) days: written notice of time and place of sale is sent to Tenant by both first class mail and certified mail, return receipt requested, at Tenant's last known address. The notice must contain: (I) the date, time and place of the sale; (2) an itemized account of the amount owed by the Tenant to the Landlord; and (3) the name, address and telephone number of the person the Tenant may contact regarding the sale, the amount owed, and the right of the Tenant to redeem the property at any time before the property is sold by paying to the Landlord or the Landlord's Representative all delinquent rents and reasonable packing, moving, and storage costs. The sale of the non-exempt property shall be.to the highest cash bidder with proceeds appiicd first to delinquent rents, packing, moving, storage and sale costs. Surplus proceeds, if any, shall be mailed to Tenant at Tenant's last known address not later than the 30th day after the date of sale. Landlord shall provide Tenant with an accounting of all proceeds of the sale not later than the 30th day after the date on which Tenant makes a written request for the accounting. It is agreed that none of the above procedures shall necessitate prior court hearing or subject Landlord to any liability. Tenant hereby specifically waives any right he/she may have for a due process hearing prior to the removal of property. 20.CLEANING. The Leased Premises, including bathrooms, fu.rnit1..1rc, and appliances, must be cleaned thoroughly. If Tenant failsto clean in ac;cordancc with the above, reasonable charges to complete such cleaning shall be deducted from the Deposit includingbut not limited to charges for cleaning ca,rpets, draperies, furniture, walls, etc. 21.PETS. Tenant shall not permit any pet on the Leased Premises, even temporarily, unless otherwise agreed to by Landlord in writing. 22.FAILURE TO PAY FIRST MONTH'S RENT. All future rent shall be accelerated and immediately due and payable if Tenant failsto pay the first month's rent by the first day of the first rental period under this Lease. In such event, Landlord may terminate Tenant'sright of occupancy and sue for damages, future rentals, attorney's fees. court costs and other lawful charges. 23.RENT INCREASES. No rent increases shall be allowed during the lease term. At least thirty (30) days prior written notice is-requiredfor any rent increase. If such notice of rent increase is given to Tenant, this Lease shall automatically continue on a month-to-monthbasis at the increased rental rate beginning on the effective daie of rental increase. 24.ASSIGNMENT AND SUBLETTING AND BINDING NATURE .. Tenant shall not' assign this Lease nor sublet the Leased Premisesor any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consentof Landlord shall be void and shall, at the option of Landlord, terminate this Lease. This Lease shall be binding upon and inure to the benefit of the parties to this Lease and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.· 25.SUBORDINATION OF LEASE. · This Lease and Tenant's leasehold interest under this ·Lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now or hereafter placed on the Leased Prem"ises by Landlord, to all advances made· under any such lien or encumbrance, to the interest payable on any such lien or encumbrance. and to any and all renewals and extensions of any such lien or encumbrances. · · · 26.MI;,ITARY. If Tenant is or becomes a member of the Armed Forces on extended active duty and receives permanent change ofStl\tlOn (PCS) orders to leave the County in which the Leased Premises is located, or is relieved from such active duty, then Tenantmay terminate the Lease by giving thirty (30) days written notice, with a certified copy of the military orders attached, provided Tenant is not otherwise in default. (Military orders authorizing base housing do not constitute grounds for•termination unless specially waived.) 27.SIGNS. During the last N/ A days of this Lease, a "For Sale" sign and/or a "For Lease" sign may be displayed onthe Leased Premises. 28.BROKER'S FEE. Landlord acknowledges N / A to be the Listing Broker.Landlord agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Landlord. 29.TIME OF ESSENCE. Time is expressly declared to be of the essence in this Lease. 30.GENERAL. No oral agreements have been 'entered into and thi, Lease shall not be-modified unless by written addendum. This is the entire agreement. IN THE EVENT OF MORE THAN ONE TENANT, EACH TENANT IS JOINTLY AND SEVERALLY LIABLE FOR EACH PROVISION OF THIS LEASE. Any act or notice of or to. or refund 10·, or the signature of, any one or more of theTenants. in relation to the renewal or termination of this Lease. or with respect to any of the terms of this Lease shall be fully binding on all of the pers?ns exe �uting this Lease as Tenants. Each of the undersigned states that he/she is of legal age to enter into a bindingcontract for lodging. This Lease shall be construed under and in accordance with the laws of the State of Texas and all obligationshereunder arc to he performed in the county in whic_h the Leased Premises arc loc.ited. In any l.iwsuit involving contractual or statutoryobligations of Landlord or Tenant and originating in justice. county. or district court. the prevailing party shall be entitled to recoverattorney's fees and all other costs of litigation from the nonprevailing party. All ambunts in any lawsuit judgment shall bear 10% Jnili.al'i or Tcn.:1ntM __ (TAR,orn )/90 lnili i.l, of l.»ndlord or t.»ndlord·� Rtpr�ntath·� __ PAGF. J or 5 interest from due date. Unless otherwise stated in this Lease. all •sums owed by Tenant are due on demand. Landlord's past delay. waiver, or nonenforcement of acceleration, contractual lien. rental due date, or any other right, shall not be deemed to be a waiver of any other breach by Tenant of any other term, condition. or covenant contained in this Lease. This Lease is binding on subsequent owners of the Leased Premises. Any clause in this Lease or addendum, if any. declared invalid by law shall not terminate or invalidate· the remainder of this Lease. 31.RELATED DOCUMENTS. Incorporated into this Lease arc the following documents (if checked): _X __ Tenant's Application for Rental __ Pet AgreementN/ A · Texas Real Estate Commission Agency Disclosure Fonn _X_ Move-In Inventory and Condition Form[for leases in excess of twelve.( 12) months)X ------------------Landlord's Rules and Regulations All Tenant's statements in Tenant's Application for Rental are· material representations relied upon by Landlord or Landlord'sRepresentative. Any misrepresentation shall constitute a breach o_f this Lease and Landlord may terminate same. 32.SPECIAL PROVISIONS. The following special provisions and any addenda or attachments shall control over any conflicting provisions of this printed lease fonn. Tenant agrees to vacate said property on or before the 31st of May, 1991. 33. CONDEMNATION: If during the term of this Lease or any extension or renewal of this Lease, all of the Leased Premises arc takenfor any public or quasi-public use under '<lny governmental law, ordinance, or regulation, or by right of eminent domain, or arc soldto the condemning authority under threat of condemnation, this Lease will terminate, and the rent will be abated during the unexpiredportion of this Lease, cffectivc·as of the date of the taking of the premises by the condemning authority. If less than all of the Leased Premises arc taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or are sold to the condemning authority under threat of condemnation, tandlord may, at Landlord's sole option, either terminate·this Lease or restore and reconstruct the building and other improvements situated on the Leased Premises at Landlord's own expense,provided that restoration and reconstruction will make the Leased Premises reasonably tenantable and suitable for use as a residence.If Landlord does not terminate this Lease but instead restores and ri:constructs the building and other improvements situated on theLeased Premises, then the rent payable during the unexpired portion of this Lease will be adjusted equitably. . .. -THIS LEASE AGREEMENT and any addendum hereto has been executed in multiple copies, one for Tenant _and one or m9refor Landlord.THIS IS A LEGAL DOCUMENT. RE AD IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PART OF THIS AGREEMENT, SEEK COMPETENT LEGAL ADVICE. TENANT or TENANTS {/At� /l1,< r::i&?/4.£-6 Date: ___________________ _ Phone: LANDLORD OR LANDLORD'S REPRESENTATIVE City of Friendswood 109 Willowick_ '1..3. �� � n tder Address and Pho"ne of Landlord or Landlord's Representative: Citv of Friendswood (Finance Depr ) 109 Willowick Friendswood, Texas 77546 Date: ____________________ _ AGREEMENT BETWEEN BROKERS Listing broker agrees to pay N/ A , Co-Broker, a fee of$ _______ or _______ % of the gross rent when the Broker's fee described in Paragraph 281s received. In the ·event this Lease is extended or renewed, Listing Broker agr'ees to pay Co-Broker an additional fee of$ N /A or N /A % of the total rent for such extension or renewal period when Listing Broker receives said additional fee from Landlord as specified by separate agreement between Listing Broker and Landlord; In the event Landlord sells, exchanges or otherwise transfers a legal or equitable int_erest (excluding a lease or rental) to the Leased Premises to Tenant during the term of the Lease, inc\uding any renewal or extension thereof, or within N/ A days after termination ,:,f !h¢ Leas�. which,.:ver occurs later, Listing Broker agrees to pay Co-Brc!<er a fee of $ N / A or N / A % of the sales price or exchange value of the Leased Premises when Listing Broker r�eives the fee for such sale, exchange or transfer from Landlord as specified by separate agreement between Listing Broker and Landlord. Co-Broker License No. Listing Broker License No. By : --------------=-By: Co-Broker's Address Listing Broker's Address Telephone.Number ·Telephone Number (NOTE: This form is furnished by the Texas Association of REALTORS for the convenience of its members.) lnlll■ls or Ttn1nt(1) __ (T AR-02-11 l/90 lnlll■ls or L,■ndlord or l.,■ndlord's Rtprts<nt■tl•• __ PACE 4 or 5 :, I ,y&hl--6.�9. /)\QJ 7.AJ,/t:_ ·Jc:C�dr c-LJfe:·, 1�-�\ ��t'�-�:�,:�.1irr 'rrrr-'1�?/lf.seA/'Tc=p Ct::#-1 &, p ?r.P....?/4/9/ I. 2. 3. 4. 5. 02-08-85 ONE TO FOUR FAM ILY RESIDENTIAL EAR NEST MONEY CONTRACT (RESALE) ALL CASH, ASSUMPTION, THIRD PARTY CONVENTIONAL OR OWNER FINAN CED PROMULGATED BY TEXAS REAL ESTATE COMMISSION .. '\ y, ., -·\ . _'\_NOTl(!c=\�!)t f.o\ U�f-Fo� ,C9_��omj�R1m �an�5�io�., . 'Ri..dta,ttd (I]. [o� an.d LoN1.a.. Val elj-ZeU:.le,11. PARTIES: , (Seller) agrees to sell and convey to C Uf!: o_{ J/U..V?.cJ✓.iwood (Buyer) and Buyer agrees to buy from Selw, the prope y _described below. B 1 _ L 6PROPERTY: Lot /'a.,,r,;t O Lot 2 . !31qck �� a ,w.od.}_vJ..4wn o,_ Ad ttion, City of O e M 2. Jf aCJteA moJT..e 0.11.. .l.e..aA -.Jh.adwel1... (Address); or as described on anached exhibit, together with the following items. if any: curtains and rods, draperies and rods. valances, blinds, window shades, screens, shuners. awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans, attic fans. mail boxes. television antennas. permanently installed heating and air conditioning units and equipment, built-in security and fire detection equipment, lighting and plumbing fixtures, water softener, trash .compactor, garage door openers with controls, shrubbery and all other property owned by Seller and anached to the above described real property. All property sold by this cont @ a ·s called the " opcrty" CO�RA�hs;a��ep!�';��ing ..................................... · .. 1/1 ....... 1 •• �-.: •••• 0J!1. P. /!/!: .l: -� .S S b::6frO: · O O B. Sum of all financing described in Paragraph 4 below ....................... - � ... ......................... S O • 0 0 C. Sales Price (Sum of A and D) .............................. ,, . . . . . . . . . . . . . ..... l. (?I .(),��:-�.': .S 5 §--, 0 Q Q , Q Q �A. ALL CASII: This is an all cash sale; no financin.g is involved. ' � ', , - -Y.� \ 0 13. ASSUMPTION: FINANCING: (Check applicable boxes below) c__J} A)i (I)rJu)'cr·s assumption of the unpaid principal halancc of a first lien promissory note payable 10 ___________________ _ in present mon1hly installments of\�' \ . - -1 ') ,i.ncludin� principal. interest and any reserve deposits, with Uuycr's first ins1allmeni ·paymen1 being pa)'ablc on the first installment paymen� date after closing. the assumed princiral balance of which at closing w_ill.bc $_ .. --_-_____ _ (2) [3uyer's am1mp1ion of the unpaid principal balance of a second lien promissory note payable to ----�------------------in present monthly installments of$ ________ including principal, interest and any rc.scrvcclc��ts, with Buyer's first installment payment being payable 'On the first installmcnr.�ynient date.after closing. the assumed principal �e of which at closing will be$ ________ _ !3uyer's assumption of an existing note includes.all obligations imposed by the decd.of1ttls'i'seeuring the note. . ------If the total principal balance of all assumed loans varies in an a�_unt-grcater than S350.0 0 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. lf the notcholder 9.!). a.�surnption (a) requires Buyer to pay an assumption fee in excess of S, ___________ in B( I) above or S _. -mi3(2) above and Seller declines to pay such excess or (b) raises the existing interest rate above _____ % in 13( I) above or __ % in.8(2) above, Buyer may tcrn1ina1c this contract and the Earnest Money shall be refunded to Buyer. The cash payable at clllsing shall be adjusted hy the amount of any variance in the loan balancc(s) shown above. NOT!�UYER: Monthly payments. interest rates or other tcm1s of some loans may be adjusted after closing. lkfore signing the contract. examine the and deeds of 1rus1 10 determine the possibility of future adjustments. __ -·· 0 C. THI R D PARTY FINANCED: ..... -- 0 I. A third pany first lien note of$ ____________ due in full in •" ycar(;i:"°�ayablc in initial monthly payments of principal and interest not exceeding$, ___________ for the first. --· .---ycar(s) of the loan . .... -· 0 2. A third party second lien note of S \ --. due in full in _____ year(s), payable in initial monthly payments of principal and interest not exceeding$ ---·· ··:·-\-for the first _____ year(s) of the loan. NOTICE TO PARTIES: �efore-�igiiing this contract Buye\ is advised to detennine the fina_ncing options from lenders. Certain loans have variable rates of interest, some__have·T1ionthly payments which may not be sufficient to pay the accruing interest. and some have interest rate "buydowns" which reduce the j.ille--Of-�1 for part or all of the loan tenn at the expense of one or more o( the parties to the contract. 0 D. TEXAS VETERANS' HOUSING ASSISTANCE PROGRAM LOAN: This contract is also suhject lo approval for Buyer of a 'Jcxas Veterans· Housing Assislitnce rrngram Lllan (the Progr:1111 Lo.in) in an amount of $, _________ for a period of al least _______ years at the interest rate established by the Texas Veterans· Land Board at the lime of closing. 0 E. SELLER FINANCED: A promissory note from Buyer to Seller in the amou�I of $. ___________ , bearing ___ % in1eres1 per annum, and payable: D I . D 2. --· In one payment due --------'------------" ftcr the date of the note with interest payable ____ ,--..;."_-_--______ _ --In installments of $ __________ _ including interest l ) plus interest beginning; __ .a:-::.· ___________ _ after the date of the note and continuing at · intervals thereafter for ----- year(s) when the entire balance of the note shall be due and payable. ------..---0 3. Interest only in _________ installments for the first _. -•·'year(s) and thereafter in installments of s _________ _J including interest l ) plus intcre·st beginning .,---· fter the date of the note and continuing at _________ _ intervals thereafter for _____ year(s) wh<:!!Jhc ent:rc'·b�lance of the nt1te is due and payable. 0 4. This contract is subject to Duyer fumi�b.ing-Sciler evidence of good credit within _____ ,days from the effective date of !his contract. If notice of disapproval of Buyer's cr¢iH<not given within five (5) days thereafter, Seller shall be deemed 10 have approved Buyer's credit. Eluycr hereby authorizes Buyer's 9witrc'port to be furnished to Seller. Any Seller fi�d"note may be prepaid in whole or in part al any time without penalty. The lien-securing payment of such note will be inferior 10 any lien �ringany loan assumed or given in connection with third party financing. If an Owner's Policy of Title Insurance is furnished, Buyer shall furnish -a-elfer with a Mortgagee·s Title Policy. Buyer shall apply for all 1hird party financing or noleholder's approval (lf Duyer for assumption and waiver of the right to accelerate the note within ____ _ days from the effective date of this contract and shall make every reasonable effort to obtain the same. Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property. requirement of co-signer or financial verifications. If such financing or noteholdcr's approval and waiver is not obtained within _____ days from the effective date hereof. this contract shall tem1inate and the Earnest Money shall be refunded to Buyer. EARtJ;ST MONJ'(:}J;,000. qq, is,½crewith,tcnd:ed \!)' Duyer and is to be deposited as Earnest Money with ex.aA. .W.� J -vU....e { OmpOJUj, . at I e.a./U..afl..� .) exa/.J... (Address). as Escrow A gent, upon execution of the contra�t by both parties. O Addition�! Earnest Money of $, __________ shall be deposited by Buyer with 0 1 9 TREC NO. 20-0 One To four Family Residential Earnest Money Contract concerning L J Jl ,4cae.A. �b.CIAJt,1(2,l (Address or Propcny)Page Three 02-08-85 15. 16. 17. 18. 19. 20. 21. 22. Warranty Deed conveymi: title subject only to liens securing paymrnt of debt created or assumed as pan of the consideration. taxes for the current year. restrictive covenants and utility c.asemcnts common to the platted subdivision of which the Propcny.is a pan and reservations and conditions permitted by this contract or O!herwise acceptable to Bu yer. Each note shall be secured by vendor's and deed of trust liens. A vendor's lien and deed of trust to secure any assumption shall be required, which shall automatically be released on execution and delivery of a release by notcholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed, note(sJ. deed of trust or deed or trust to secure assumption, forms prepared by the State Bar or Te xas shall be used. CASUALTY LOSS: Ii any part of Propcny is damaged or destroyed by fire or other casualty loss, Seller shall restore the same to its previous condition as soon as reasonably p<issiblc. but m an)' event by Closing Date. I( Seller is unable en do so without fault, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. DE.FAULT: If Buyer fails to comply herewith. Seller may· either (a) enforce specific perf ormance and seek such other relief as may be provided by law or tbJ terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault. within the time h�rcin required. tn (aJ m�kc .1n) non-c,sualty repairs or (h) deliver the Commitment or (e) deliver the Complete Abstract, Buyer may either terminate this contract and receive the Earnest Money a1 the sole remedy or extend th·, time for performance up to fifteen (\5) days and tlle Closing Date shall be extended pursuant 10 other provbion, of this con1r.1r1. If Seller fails 10 comply herewllh for any other reason. Buyer may either (a) enforce spccific pcrfom1ance hereof and seek such other relic[ as may be pnwided by law or (bl terminate this contract and receive the Earnest Money, thereby releasing Seller from this contract. ATTORNEY'S FEES: Any signalory to this contract, Broker or Escrow Agent who is the prevailing party in any legal proceeding hrought under or with rclatinn to chis contract or transaction shall be additionally enticlcd to recover coun com and reasonable attorney fees from the non-prevailing party. ESCR OW: The Eamcsc Money is deposited with Escrow Agent with the understanding that Escrow Agent (a) is not a pany to this contract and docs not assume or ha"e any liability for performance or non-performance of any signatory (bl has the right to require from all signatories a written release of liability of the Escro"-' Agenl which authorizes the disbursement of the Earnest Money (c) is not liable for interest or other charge on the funds held and (d) is not liable fnr any los�cs or escrow funds caused by the failure of any banking instiMion in which such funds have been deposited, unless such banking in�titution is acting as Escrow Agent. If any signatory unreasonably fails co deliver promptly the documents described in (b) above, then such signatory shall be liable to the other signatories as prn"1dcd in Parag.raph 17. At closing.. lhe Elmes! Money shall be applied first to any cash down payment required, then to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this contract shall t>c reduced by the amount of any actual expenses incurred on behalf of the pany receiving the Earnest Money. and Escrow Agent will pay the same to the creditors entitled thereto. REPR!:.SENTATIONS: Seller represents that as of the Closing Date (a) !here will be no unrecorded liens. assc,sments or Unifom1 Commercial Cn<.lc Sc,urll) Interests against any of the Property which will not be satisfied out of the Sal,s Price. unless securing payment of any loans assumed by Buyer and lb) assumed loanCs) will be without default. If any representation in this contracl is untrue on the Closing Date, this contr:ict may be tcnniMtcd by Buyer and the Eamc,1 Mnncy shall be refunded to Buyer. All representations containc.d in this contract shall survive closing. AGREEMENT OF PAR TIES: This contract contains the entire agreement of the panics and canzr.t be change�� by their written agreement. Tcu� Real E,tatc Commission promulgated addenda which arc a part or this contract arc (list): ll!J,e/1..11.0.4Ulte NOTICES: All no1ices shall be in writing and effective when delivered at the audresscs shown below. CONSULT YOUR ATTORNEY: The Broku cannot give you legal advice. This is intended 10 be a legally binding contract. READ IT CAR EFULLY F<:dcral la"' may impose ccnain duties upon Brokers or Signatori�s to this contract when any of the signatoncs is a foreign pany. or when any of the signatories r�cc1vc, cena1n amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any pan of this contract, consult your wnmcy BEf'ORE signing. SELLER'S ATTORNEY: _________________ _ EXECUTED in multiple originals effective the {p fi day of yv\ C,.11.�0 Buyer 2/26/91 Buyer J e.xaA. 482 75_64 Buyer's Address Phone No. Seller's Address Ph(,nc No. AGREEMENT BETWEEN BROKERS Listing Broker agf9/Ao pay N/A . Co-Bro�cr. a fee of ____ .__ ______ of the total sales price when the Broker's fee. described in P:uagrapn 8 is received. Escrow Agent is authorized and directed ICl pay Co-Broker from Listing Broker's fee at closing. -0-0 I ]CJ/Vte)j_ 'R, e.aft!J i..f.:...f.. 72/Co-Broker By: Co-Broker's Address License No. Phone No. Lisling Br�d!·kb!j 73 -<.A-7f 4 / By: JaJtu.. B wi.:1:.iJ-a.tt 1 Listing Broker's Address EARNEST MONEY RECEIPT License No. Phone No. Rcccirt of 5 ___________ E=est Money is acknowledged in lhe form of---------------------------- facrow Agent:.--------------------------By: _ ____:__ ________ _ Date. _____________ _ 19 __ The fonn of this contract has been approved by the ·1cus Real Estate Commission. Such approval rela1cs to chis contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transaction. h is not �uitablc for complex transactions. Extensive riders or additions arc nol lo be used . (02-85) TREC NO. 20-0. This form repla,c� TREC NOS. l-l. 4-0 and 6-0. 009 O;ie To four Family Residential Earnest Money Contract concerning � ��··� ,q,,ll J.JI Aca.�<l. 1-0L-J� (Address of Propeny) Page Three 02-08-85 15. 16. 17. 18. 19, 20. 21. 22. Warranty Deed conveyint title subject only to liens securing pay1'1"K'nl of debt created or assumed as pan of the consideration. taxes for the current year. restrictive covenants and utility casements common 10 the p!a11ed subdivision of which the Propcny .is a pan and reservations and conditions pennilled by this contract or otherwise acceptable to Buyer. Each note shall be secured by vendor's and deed of trust liens. A vendor's lien and deed of trust to secure any assumption shall be required, which shall automatically be released on execution and delivery of a release by notcholdcr. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the fonn of the Deed. nole(S), deed of trust or deed of 1rus1 to secure assumption, forms prepared by the State Bar of Texas shall· be used. CASUALTY LOSS: Ii any rian of Propcny is damaged or destroyed by fire or other casually loss, Seller shall restore the same to its previous condition as soon as reasonably pmsible. but in an)' even\ by Closing D21c. If Seller is unable co do so without fault, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. DEFAULT: If Buyer fails to comply herewith. Seller may' either (a ) enforce srccific perfonnancc and seek such other relief as may be provided by law or Cb) 1cnninatc this contract and receive the Earnest Money as liquidated damai:es. Ir Seller is unable without fault. within the time herein required. 10 ca, make :m) nun-osualty repairs or (h) deliver the Commitment or (c) deliver the Complete Abs\ract, Buyer may either terrnina1e this contract and receive the Earnest Money as the sole remedy or extend 1h•; time for pcrforrnancc up 10 fifteen ( 15) days and tpe Closing Dale shall be extended pursuant 10 other provi,ion� of 1his con1rac·1. If Seller fails to comply herewith for any other reason, Buyer may either (:1) enforce specific pcrforn1ancc hereof and seek such other relief as may be pnwided by law or (b) terminate this contract and receive the Earnest Money, thereby releasing Seller from this contract. ATTORNEY'S FEES: Any signatory to this cont.ract, Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this cont.ract or transaction shall be additionally entitled to recover coun costs and reasonable a11orncy fees from the non-prevailing pany. ESCROW: The Eamcst Money is deposited with Escrow Agent with the understanding that Escrow Agent (a) is not a pany to this contract and does not assume or ha"c any liability for performance or non-performance or any signatory (h) has the right to require from all signatories a wrillcn release of liability of the Escrow Agent which authorizes the disbursement of the Eamcst Money (c) is not liable for interest or other charge on the funds held and Cd) is not liable for any los�es of escrow funds caused by the failure of any banking institution in which such funds have been deposited, unless such banking institution is acting as Escrow Agcnl. If any signatory unreasonably fails to deliver promptly the documents described in (b) above, then such signatory shall be liable to the other signatories as pro,·1ded in Paragraph 17. At closing. the E1rnest Money shall be applied first to any cash down payment required, then to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Eamcst Money under this contract shall be reduced by the amount of any actual expenses incurred on behalf of the pany .receiving the Earnest Money. and Escrow Agent will pay the same to the creditors entitled thereto. REPRE:.SENTATIONS: Seller represents that as of the Closing Date (a) there will be no unrecorded liens, asse,smcnts or Unifnm1 Commercial Cnde Sc,urny Interests agains1 any of 1he Propcny which will not be satisfied out of the Saks Price. unless securing payment of any loans assumed hy Auyer and thJ a\,unicd loants) will be without default. If any representation in this contract is untrue on the Closing Date, tlus contract may be tcnninated by Auyer and Ilic Earncs1 Money shall be refunded to Buyer. All representations contained in this contract s�all survive closing. AGREEMENT OF PARTIES: This contract contains the entire agreement or the panics and can?ft be changc�21_ by their wrillcn agrecmen1. Tna� Real E,tatcCommission promulgated addenda which are a pan or this contract arc (list): U!f e/t/.L O.tulA.e NOTICES: t\11 notices shall be in writing and effective when delivered at the addresses shown below. CONSULT YOUR ATTORNEY: The Broker cannot give you legal advice. This is intended to be a legally binding contract. READ IT CAREFULLY Federal la"' may impose certain duties upon Brokers or Signatori�s 10 this contract when any of the signatories is a foreign pany. or when any of 1he signawries receive, certain amounts of U.S. currency in connection with a real estate closing. If you do not understand 1hc effect of any pan of this eon1ract, consuh your a11nmc) BEFORE signing . SELLER'S ATTORNEY: _________________ _ EXECU TED in multiple originals cficctivc the {g :tJ.. day ,if )'V1 CJl.�o Buyer 2/26/91 Buyer 482 Z5_64 Auyer' s Address Jex.cu.,_Phone No. Seller's Address Phlinc No . AGREEMENT BETWEEN BROKERS Listing Broor ag/V/Ao pay /ii /11. . Co-13rokcr. a fee of ____ ._ ______ of the total sales price when the Broker's fee described in P:iragrap� 8 i.s received . Escrow Agent is authorized and directed to ray Co-Broku from Listing Broker's fee al closing. -0-0 I JaNtell 7? eaJ.;t!f li...f. 72/Co-Broker By: Co-Broker's Address License No . Phone No . Listing Broker's Address EARNEST MONEY RECEIPT License No. Phone No. Rcceir t of �----------Ea.rnest Money is acknowledged in the fonn of----·----------------------- Escrow Agent:.--------------------------By: __________ _ Oa1e. _______________ _ 19 __ The fonn of this contract has been approved by the ·1exas Re al Estalc Commission. Such approval relates to this contract form cinl)', No represcnta1ion is made as tu the legal \'alidity l'r adequacy of any provision in any specific transaction . It is not suitable for complex transactions. Extensive riders or additions arc not lo be used. (02-85) TREC NO. 20-0. This form repla,e\ TREC NOS. 1-1. 4-0 and 6-0. 009 , ... . •. ·: . "'21 ? � / t.4� .... _/-·.-'\ (� '{ ... -�---·· ·-· ... . �t� _,./ / � ....,.,, t•.1 / '-- -�{� --(; / _.� .. ,-.. -__ _..,..,. fMt+ o..\-Lot Z. °Bl/<.� o+ hc1�,J D,1Not1DV•l 238 ?..'l 1� b,lvq !.,; C,""7 fRzt.l;Mt�.ll-<l.'J s�.f cJ._ �t.1l f'l\��<..)�0VlJ0� �I 1...r..x.1t!> L1t>JI) C.,.oR.01,JIJ+O(,� J,>Jc ��Llt, ��?-/5·'l_,,S-a, El> s� ll vN ::tA�1d Q (/PftA.(/1 t'e;,/1 r:;-4.,._� 1./82-19�37 .:· ,;:,",. :·--:�:� ·-r�:�•;.��>�;·��--- ::, .. FIELD NOTES Of a surv,ey. _of Part of Lot 2 in Block 6 of Friendswood, a Subdivision of part, of the Sarah·McKlssick or'J. R. Williams L�ague, ln·Galveston County, Texas, according to the roop th�reof r�cordod in Volume 238, F'•lyt- 1 4 , . i . . n tho off ic� of thi:: County Cl-a-rk of· .G_,llvoston County, Texas, and being More particularly described by metes and bounds as follows: �- : .} .- BEGINNING at a point in the Northeast line of sai�·Lot Two (2> · which point is North 45 degrees 00 minutes West, a-jdistance of· 390 ft'<i:t /rofll the Eust cornt':r of said Lot Two < 2);: :, ( Called 290 feet) THENCE frori1 so.id b&g.inn.i.ng point continuin,J No1�th ·Jl5 dc:grees 00 minutes Wes�, along tind with the Northeast l�ae of·:said Lot Two .. ,-_�- . -.. � .. ·-.. (2), a distance of 270 feet to the North corner of 50id Lot.Two < 2), which r,oint .:L!:, l.n th<: c�nter· lint::: of a 60 foot roo.d a�. uhown on l'l•lf, of 1'1� co1'd of Fr-.iend�wood; �;·_'..:_•_,(_:·.' •,··· THENCE S<:>uth 45 degr·ees 00 111.inut�s We6t, ,1long and w��h ·the center line of aaict road and the Northwest line of s�id Lot Two (2), a distance of 325 feet to a point for corner; -i(: THENCE=� W,�st, 1:ontl.nul.ng alon�J the cel'l'te-1� line of �11:i.Z,:,aad und the Nerti, line of said Lot Two (2), a distonco of 94]95 feet to Q J)L1.i. nt ,1:•m, ccn·ne:-r; ... :):>· THENCE Snuth 45 degrees 00 Minutes West, center line of said 60 foot road and the Lat lwo CZ>, a distance of 245 feet tu a :;:?��·:: continuing -.�.;ang the Northwest line .. of said point for coriners ·-.;;:�::·;::_:-;,;\:•'l'HENCE. Se>ltth 45 d1:;grei;,:s 00 111.i.nut1::s E,:a;t, •:>. distance .(?f..• 30 feet t·o)J,,1 point for co1�ne1', ·:/;;"•. . \:.;:-:.: .. rHENCE Ncwth 45 degr·ees 00 111.i.nu t.es E,1st und µQralle(-';w°ith the SoutlH.:1:i.r;t line o +' si:1id l_ot 'fl.m (2), •l dist,1nc1e: of 234;?-f.eet to •llpoint· for ·c:c:Jl"ner on the Nortl,erl�J J:11:rnk of Cow,:H·d" s C:fQ.�k;. . .·?,:����\ : THENCE 1,Jl.tl·1 the Ner.rnder of the Northerl� J:i1.>.nk of Co�_a..m(! 6 Creekon th� foi lowing •lfJ.f.i \'oxi1111ltf.-cours�s ,ind dist,inces:<�:�µth 5:5 1.iegr-ees :;�;-s 111in•.1te:r, 20 seconds Eo.s·l�, 61 f'et'.':t; South. '6'6ffd�grt::-es :{7 lllini.1tes 1}0 ��1:COl1'.1s E•:t<»t 74 fe,::tJ North 51 t.it":gre::<?� os\�i'.i.'111Jtt:s 10 seconds E•:>.�,t 117 feet, 80t.1th 30 deg1�eeo 13 111in•.1tes f.Of.$eco nds t,1st 21;� fC?r:tJ Nor·th :39 d1?g1�e:-e:s 44 111in1.1to2s 20 1»ecands°%Er.i-st 200 feet; i:rnd · =��;(.-:.. --�I�.}.: THENCE North 25 de�p-•1::es 34 1ninutes 36 seconds Eo:ist, ·:%,�'.cl�u-t 1int:eof 78. 89 fe1::t to tht:: PLACE OF 'BEGINNING, ( Called N. ·-1;8£···35' J8 11 Ea t 75 8 ) :,�:�:: .....-·-:-.:-.,. S • , • 0 • ,·.•;k·,,·, , ... ,. ·\ ,,_ 1-_ }itt(r · ·-:· .. ·.:.-::-�;:c.: .. i-··,·1r,.�:ft:•' •.• �4J•,r. ... , ' • • ' f, .. ..., • � ,, ··;;,�'.::_:,,:·� V I :· "'')'°( ·.tj,> 0 Hi2--�{��: '• . . • ... • ' ·• ...... • · · >l�L-. · · · ·1 ;oi3cn:r· ADAl�s · • �. . ·.:.\���-:-\· .... ! .................. --. ..... , ::::;:,· . < ·.-') ·1002 'J•i-,.. J� ,.,,.:j.;:,. �---" "t"-'t-.·-1 � .A.0:?;:-e .. 5 ,o.-..-,0 /4 ·.,-o .. ... • ..... _, , tF./ . c,."••·\J'v •. 1/,,.. ···-�UR r·· . ·.}.- BUYER 3c. u: 'o � w > 0: 0 �OVN' 'l1. -"/ J�o-�o� A., ,,,...,,PA '1',f' et.>.< t..o-r ' Y-1 v1l'<.E F eµC€' .__! _J 6 , w 000 t= c /VC tt 2 70 ( W· 3 . . ;,,P--.:_. . . . .. 0 ··/) �---- <{ \ 0 \ ... �{ p I, -7 ' ? ,. ' I ·.,' '* I <J) u) �' " i ·.J } .._ {' / N ,:-•. � '., c, ,/ r0 � � .X·l t' / / ,, " "' " ' ' " / , ,,;:""' \ � /,<,� 'iK,-~:;-,: �;:::c-�-<.!j �. t: V ;--::.� ,-,. ·-, / r "''""" "'"'"' . _______ ...... ------� __,, -, .. ,, -:S f'-3' 8 ' I � � I . p,4 tf. -r ,._ 171' 1- Lf) -� lD�I< 1, P. O.B. 'o � ,w E-4S7' (:,:,,('N'£,( LO 7 '2 . 0 I N 4S 00 WC'""'")390' 7.'1<7:,) 0 I I/ N253436E 78.89 --� $ t % t z ' t � WEST 9495'� 'Ji �:::-f: I ::o:8'/3'/o'F � , _, I' :;; I'( /l, (, Y r()v,1/c ,, "<.#.el V 1.-V _,,, , ---. ' ---'lo... ,?' j . ''/' r?---_.r, ( t/ N51 °05 I0E 117 1 s 66 °3l4oE 741 tD <:J" N 1\-, � � tj", V\ r<) ss O 4.J C\J 5 2 3' 20 1E 61 1 � :S i\.0 �0'a � u) ['<) tj" cf) ,W 0 cO LI) q 2 S 45 °00E 3d Ci ty of Friendswood �) j� ( C) (J ..-d 0 Shadwell Drive DESCRIBED PROPERTY Part of lot 2, Block 6, of FRIENDSWOOD , a subdivision of part of the Sarah McKissick or J.R. Wi lli ams League, in Galveston County, Texas, according to the map thereof recorded in Volume 238, Page 14, in the office of the County Clerk of Galveston County, Texas, and being more particul arly de­scribed by metes and bounds as attached. -� TEXAS LAND COORDINATORS, INC. 10502 Telephone Rd. :#=276Houston, Texas 77075997-1585 .8900484 G. F. --''------ Date: J-l 9 -9 l Inv. • -2.Q22 I J.O.. 3-53-91 •~ OF -,:,: ..,. �� ······/rS°�� � �, , . .-t41sru�:;� \,) 4�-t'.· ,c. J.. � ·-:-�, 'c,,.·· '."". \ \\ j •• • ••o ... JI\, r • • •• • • • • ) t • ..... • . I � �' . �:����!. ���: ... .' '\ /. -:. 1 00.2 ,�:--�:: -1.· . ,-,. .,, • {). •· --; .•"·•:0,1:,� .... �-,ct.�..,:;-\. � - ·1-' • <; ., .,. � � J· \:�_ :s.-c,R·y I do herebyc.,tlfythat thla aurveywaa thla day made on the ground of the property legally d111crlb1d hereon. (or on the attached ahHt). and la correct, and there are no 1ncroachm1nta unleu ahown. Noto: Thero aro no natural dralnao• couraH on thla property. Note: Thia property doea • 11, In a flood hazard :i:on• according to H.U.DJF.I.A 'f&.n�,96 o00$"0 6-;,-88Zc/Y'� A" fs c--E ,;9 .GOVE) 7.0,.,re _,cl::: DATE· BY --.. - FIELD WORK l 'S!.0 DRAFTING l8 FINAL CHECK lf,f �./