|
�
<br />�-�
<br />�w�' , � •
<br />�� ��.:.. . _.. . . . . . . � ... ... . . � . . . �� . .. . . � 'yM..�� t.
<br /> , �. . . . . . . � . � . . . . � � .�
<br /> 'O.,ti�.�l�V�.��aJ� '�. � . � . � . � ' � .
<br /> 2�MORANDUM O� LEASE AND CERTAIN LEASE P120VISIOAIS
<br /> I `
<br /> ' This Memorandum of Zease made and entered into as of the
<br /> � 'day of July, 1977, by and between MID-CONTZN�NT ENTERPRISES,
<br /> INCORPf3RATED, a Nebraska. corporation, hereinafter referred t� as
<br /> the "Landlord" and AMERICAN COMMU�IITY STORES CORPORATION, a Texas
<br /> corporation, hereinafter referred to as the "Tenant".
<br /> ; 1. Landlord has entered into a Lease Agreement with Tenant
<br /> �,� dated JuZy �, 1977 ("The Lease Agreement") covering certain
<br /> � store premises comprised of 25,950 square feet ("3.eased Premises")
<br /> 'situated within the shopping center to be known as ttie "Ile De
<br /> Grand Shopping Center" ("The Shopping Center") which Shopping
<br /> Center is or will be located on the real estate legally described
<br /> on ExhiBit A attached hereto and made a part hereof. The Leased
<br /> Premises sha11 be situated within Phase I of the Shapping Center
<br /> which is legally described on Exhibit B attached hereto and made
<br /> ` a part hereof.
<br /> 2. The Lease Agreement has a primary term of twenty (20)
<br /> � ,ears ca�encing upon (a) the date thirteen (13) weeks after the
<br /> day on whi.ch Landlord's supervising architect noti£ies Tenant
<br /> in tirriting that the Leased Premises are avaiZable for Tenant's
<br /> occupancy. or, (b) the date on which Tenant shall open the Leased
<br /> Premises for business ta the general public, whiclzever of such
<br /> dates is the first to occur. In no event however shall the pri-
<br /> mary term of the Lease Agreement commence prior to November 1,
<br /> 1978 unless Tenant opens the I.eased Premises for business to the
<br /> general public prior to such date or otherwise consents to an
<br /> earlier commencement date.
<br /> 3. The Lease Agreement contains four (4) successive re-
<br /> newal psriods, each having a term of five (5) years each; the
<br /> £irst of such renewal terms, if exercised, iamiediately succeeds
<br /> the expiration of the primary term of the Lease Agreement.
<br /> 4. Except for the provisions of the Lease Agreement iden-
<br /> ':,
<br /> tified in this Memorandum of Lease, reference is made to the
<br /> terms, covenants, conditions and provisions of the Lease Agree-
<br /> ment which are more particularly detailed therein_
<br /> 5. The Landlord and Tenant. acknowledge that the real
<br /> estate described on the attached Exhibit A is compxised of Phase
<br /> I described on Exhibit B attached hereto a�nd the remaining phases
<br /> �v'nicii remaining phases are comprised of building areas which must
<br /> be developed in accordance with Article XXIV, Sec tion 24.14 of
<br /> the Lease Agreement, the pertinent provisions of which are set
<br /> forth on E�chibit C attached hereto.
<br /> 6. Article XXV, Sectian 25.01 of the Lease Agreement pro-
<br /> vides as follows:
<br /> "Section 25.01. Landlord shall not, directly or �
<br /> indirectly, lease, use or permit to be used, any
<br /> stores or structures in the Shopping Center for ,,,�� .,��Y,_,
<br /> purposes of a supermarket business , delicatessen, :, .
<br /> bakery, donut shop, gr ocery s tore, mea t marke t, �' '� ,�'"
<br /> convenience food stores, or for the sale of J
<br /> groceries, provisioits, vegetables, fruits, ;rRi'
<br /> .,.
<br />�
<br /> cre:�eries, fish or neat, or for tiie sale of any . '
<br />�
<br /> �
<br />�__ _____ �
<br />
|