EXHIBIT 10.2
LEASE AGREEMENT
7501 FANNIN HOUSTON, TEXAS
BY AND BETWEEN
CAMBRIDGE PROPERTIES,
a sole proprietorship of Dr. Timothy L. Sharma
("LANDLORD")
AND
UNIVERSITY HOSPITAL SYSTEMS, LLP,
a Delaware limited liability partnership
("TENANT")
TABLE OF CONTENTS
Page
SEC. 1.
LEASED PREMISES
1
SEC. 2.
PARKING
1
SEC. 3.
TERM
4
SEC. 4.
USE
5
SEC. 5.
SECURITY DEPOSIT
5
SEC. 6.
BASE RENT
6
SEC. 7.
ADDITIONAL RENT
7
SEC. 8.
SERVICE AND UTILITIES
12
SEC. 9.
MAINTENANCE, REPAIRS AND USE
15
SEC. 10.
QUIET ENJOYMENT
15
SEC. 11.
ALTERATIONS
16
SEC. 12.
FURNITURE, FIXTURES AND PERSONAL PROPERTY
19
SEC. 13.
SUBLETTING AND ASSIGNMENT
19
SEC. 14.
FIRE AND CASUALTY
21
SEC. 15.
CONDEMNATION
23
SEC. 16.
DEFAULT BY TENANT
24
SEC. 17.
REMEDIES OF LANDLORD
24
SEC. 18.
DEFAULT BY LANDLORD; REMEDIES OF TENANT
26
SEC. 19.
NON-WAIVER
26
SEC. 20.
LAWS AND REGULATIONS; RULES AND REGULATIONS
26
SEC. 21.
ASSIGNMENT BY LANDLORD; LIMITATION OF LANDLORD'S LIABILITY
27
SEC. 22.
SEVERABILITY
27
SEC. 23.
SIGNS
27
i
TABLE OF CONTENTS
(CONTINUED)
Page
SEC. 24.
SUCCESSORS AND ASSIGNS
27
SEC. 25.
SUBORDINATION
28
SEC. 26.
TAX PROTEST
28
SEC. 27.
HOLDING OVER
29
SEC. 28.
INDEPENDENT OBLIGATION TO PAY RENT
29
SEC. 29.
INDEMNITY; RELEASE AND WAIVER
29
SEC. 30.
INSURANCE
30
SEC. 31.
ENTIRE AGREEMENT
31
SEC. 32.
NOTICES
31
SEC. 33.
COMMENCEMENT DATE
32
SEC. 34.
BROKERS
32
SEC. 35.
ESTOPPEL CERTIFICATES
32
SEC. 36.
NAME CHANGE
32
SEC. 37.
INTENTIONALLY DELETED
32
SEC. 38.
BANKRUPTCY
32
SEC. 39.
ROOFTOP USE
33
SEC. 40.
DEVELOPMENT COSTS
33
SEC. 41.
HAZARDOUS SUBSTANCES
34
SEC. 42.
ACKNOWLEDGMENT OF NON-APPLICABILITY OF DTPA
35
SEC. 43.
ATTORNEYS' FEES
35
SEC. 44.
AUTHORITY OF TENANT
35
SEC. 45.
EXECUTION OF THIS LEASE AGREEMENT
35
SEC. 46.
WAIVER OF TRIAL BY JURY; COUNTERCLAIM
35
ii
TABLE OF CONTENTS
(CONTINUED)
Page
SEC. 47.
EXHIBITS
36
SEC. 48.
DTPA INAPPLICABLE
36
SEC. 49.
WAIVER OF TENANT RIGHTS AND BENEFITS UNDER SECTION 93.012, TEXAS PROPERTY CODE
36
SEC. 50.
SPECIAL DAMAGES
36
SEC. 51.
RIGHT OF FIRST OFFER
36
SEC. 52.
TEXAS DEPARTMENT OF HEALTH APPROVAL
37
SEC. 53.
APPROVAL BY LANDLORD'S MORTGAGEE
38
SEC. 54.
BUILDING PLANS
38
SEC. 55.
[RIGHTS OF EXISTING TENANTS
38
EXHIBITS:
EXHIBIT A
-
FLOOR PLAN OF THE LEASED PREMISES EXHIBIT B
-
LEGAL
DESCRIPTION OF THE LAND EXHIBIT C
-
EXTENSION OPTION RIDER EXHIBIT D
-
RULES AND REGULATIONS EXHIBIT E
-
ACCEPTANCE OF PREMISES MEMORANDUM
EXHIBIT F
-
TENANT'S ESTOPPEL CERTIFICATE EXHIBIT G
-
TENANT'S
WORK LETTER EXHIBIT H
-
LETTER AGREEMENT EXHIBIT I
-
RESTRICTIONS
AND EXCLUSIVE USES APPLICABLE TO LEASED PREMISES EXHIBIT J
-
PARKING
RULES AND REGULATIONS
iii
LEASE AGREEMENT
This Lease Agreement (this "Lease Agreement") is made and entered into as of the
Effective Date set forth on the signature page between CAMBRIDGE PROPERTIES, a
sole proprietorship of Dr. Timothy L. Sharma, hereinafter referred to as
"Landlord", and UNIVERSITY HOSPITAL SYSTEMS, LLP, a Delaware limited liability
partnership, hereinafter referred to as