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Parties

LandlordTenantd/b/a
The Shopping Center Group LPTom StewartEV Haven

Addresses

LabelAddress
Rent Payment AddressThe Shopping Center Group LP, P.O. Box 1234, Wichita, KS 66801
Notice Address for LandlordThe Shopping Center Group LP, c/o The Shopping Center, P.O. Box 1234, Wichita, KS, 66801
Notice Address for TenantTom Stewart, 987 Winter St., Wichita, KS, 66801

Lease Dates

LabelDate
Effective Datedate this Lease is fully executed
Commencement Datedate on which possession of the Premises is delivered by Landlord to Tenant
Fixed Minimum Rent Commencement DateDecember 1st, 2022
Additional Rent Commencement DateFixed Minimum Rent Commencement Date
Expiration Datelast day of the 36th full calendar month after the Fixed Minimum Rent Commencement Date

Rent

PeriodMonthlyAnnual
12/1/2022 - 12/31/2022$1,083.33$13,000.00
01/1/2023 - 12/31/2023$1,218.75$14,625.00
01/1/2024 - 12/31/2024$1,354.17$16,250.00
01/1/2025 - 11/30/2025$1,489.58$17,875.00

Additional Rent

CAMReal Estate TaxesInsurance
$526.29 Per Month$232.54 Per Month$53.66 Per Month

Other Details

DetailValue
Unit Number30
Property Address123 Summer Road, Wichita, KS 66801
Security Deposit$2031.25 (USD)
Property Square Footage1625 sq ft

Provisions

Fees

Late fee of 5% of the amount due each month until paid in full for any Rent not paid on or before the fifth (5th) day after the due date. (Reference: Page 2)

HVAC

Tenant is responsible for the maintenance, repair, and replacement of the heating, ventilation, and air-conditioning (HVAC) systems. Tenant shall enter into and maintain a contract with a certified third-party HVAC service contractor for periodic (at least quarterly) service, maintenance, and repair of the HVAC system. (Reference: Page 4)

Signage

Tenant shall place no signs, advertisements, lettering, curtains, shades, exterior lighting or similar items, on the glass, windows or doors, nor shall Tenant paint or affix anything to the exterior of the Premises except the façade signage. Façade signage must directly correspond to the Premises and not encroach upon any other tenant's facade. (Reference: Page 2)

Holdover

If Tenant holds over after the lease expiration, the monthly Fixed Minimum Rent shall be 2 times the monthly average Fixed Minimum Rent that was payable during the last full 12 month period of this Lease. Tenant shall be deemed immediately and automatically in default of this Lease if they fail to vacate the Premises after a 30 day period. (Reference: Page 8)

Insurance

Tenant's Proportionate Share of the Shopping Center's insurance carried by the Landlord. (Reference: Page 1)

Utilities

Tenant agrees to pay for all electric, gas, sewer, heat, water, and other utilities and taxes or charges on such utility services which are used in or attributable to the Demised Premises, including but not limited to all meter connection charges and impact fees. (Reference: Page 3)

Relocation

Landlord may relocate Tenant to another existing location within the Shopping Center upon 60 days' prior written notice. Tenant's Proportionate Share shall be adjusted based on the change in the square footage of the Premises. (Reference: Page 8)

Exclusive Use

The lease contains exclusive use provisions for Ichiban Asian Bistro, Rent A Center, and Tractor Supply, restricting similar businesses from operating in the shopping center. (Reference: Page 11)

Permitted Uses

Convenient Store/Lounge, and for no other use. The interpretation of the Permitted Use shall be narrowly and strictly construed. (Reference: Page 1)

Prohibited Uses

Tenant shall be prohibited from operating in violation of the Shopping Center Exclusives and Use Restrictions, as set forth in Exhibit E. (Reference: Page 1)

Hours of Operation

Tenant shall be open for business and fully operational within the Demised Premises for a minimum of 40 hours each week throughout the Term of this Lease. (Reference: Page 3)

Repairs/Maintenance

Tenant is responsible for all necessary repairs, replacement, improvements, and decorations, and for performing all maintenance on, in, and to the Premises. Landlord is responsible for keeping the roof and exterior walls of the Premises in proper repair, provided that Tenant has given Landlord prior written notice of the necessity of such repair. (Reference: Page 3, Page 4)

CAM/Operating Expenses

Tenant's Proportionate Share of the Shopping Center's common area maintenance charges (CAM), real estate taxes, and insurance, plus an administrative fee not to exceed 15% of such CAM, real estate taxes, and insurance. (Reference: Page 1-2)

Continuous Operation/Go Dark

Tenant agrees to open its business in the Demised Premises and continuously and actively operate and conduct its business in the entire Demised Premises, fully stocked and staffed, no later than 90 days after the delivery of the Demised Premises to Tenant, and thereafter during the Term of this Lease. (Reference: Page 3)