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HomeMy WebLinkAbout959636Prepared by and mail after recording to: Alpine #301978.doc STATE OF WYOMING COUNTY OF LINCOLN RECEIVED 6/13/2011 at 3:17 PM RECEIVING 959636 BOOK: 767 PAGE: 877 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THIS SPACE FOR USE BY RECORDING OFFICIAL WITNESSETH: 001587 Thomas E. Schoenheit, Esquire Family Dollar Stores, Inc. Post Office Box 1017 Charlotte, NC 28201 -1017 Phone: (704) 847 -6961 SHORT FORM LEASE THIS SHORT FORM LEASE is made and entered into this 19th day of May, 2010, by and between OVERLAND PROPERTIES ALPINE, LLC, a Utah limited liability company "Landlord and FAMILY DOLLAR, INC., a North Carolina corporation "Tenant In consideration of the covenants set forth in this Lease, to all of which Landlord and Tenant agree, Landlord demises to Tenant, and Tenant leases from Landlord the property, building and other improvements described below that are situated on the north side of Grey's River Road, east of its intersection with U. S. Highway 89, in the City of Alpine, County of Lincoln, State of Wyoming. The property fronts approximately 120 feet on Grey's River Road and extends approximately 193 feet in a northerly direction to the rear of the Demised Premises as shown hatched on Exhibit A Site Plan. Landlord will construct a building that contains 8,000 (100' x 80') square feet and the paved, marked, lighted parking, service and access areas shown on Exhibit A Site Plan. The property, building and other improvements are the "Demised Premises." Landlord covenants that Tenant, its employees, customers and other invitees, including personnel operating 18 -wheel tractor trailers, shall have the unrestricted and non exclusive right throughout the term of this Lease to use the paved parking, service and access areas of the adjacent property to the immediate east of the Demised Premises "Adjacent Property specifically including the 24 -foot wide driveway identified on Exhibit A as "Common Access Drive" and cross- hatched on Exhibit A (collectively "Easement Areas The Easement Areas may be used by Tenant, its agents and invitees for ingress and egress to the Demised Premises from Grey's River Road. Landlord covenants that prior to delivering the Demised Premises to Tenant, Landlord will enter into an easement agreement "Easement Agreement for the Easement Areas that will, among other things, (i) create and grant Landlord and Tenant the above referenced easement rights in the Easement Areas, and specifically the Common Access Drive; and (ii) provide that no Alpine #301978.doc permanent barriers or obstructions of any kind will be erected on the Easement Areas. Landlord will, at Landlord's expense, abide by the Easement Agreement and will enforce the Easement Agreement for the benefit of Tenant. Tenant will have and hold the Demised Premises for an initial term ending on the 30th day of June, 2020, upon the rents, terms, covenants and conditions contained in a certain Lease Agreement between the parties and bearing even date herewith (the "Lease which Lease is incorporated herein by reference. The Lease will be automatically extended, in accordance with the terms of the Lease, one period at a time, for five (5) successive periods of five (5) years each unless Tenant cancels the Lease. The Tenant has been and is hereby granted, in accordance with the terms of the Lease, certain exclusive use rights with respect to its business in the Demised Premises. Witnesses: Landlord's Address: OVERLAND PROPERTIES ALPINE, LLC 421 South 400 East Salt Lake City, UT 84111 ATTEST: Thomas E. Schoenheit Assistant Secretary Tenant's Address: FAMILY DOLLAR, INC. Post Office Box 1017 Charlotte, North Carolina 28201 -1017 Attn: Lease Administration Department LANDLORD OVERLAND PROPERTIES ALPINE, LLC By: TENANT FAMILY DOLLAR, INC. By: LeMMiket 'z Rvl m41 Managing Member e7y/ Thomas M. Nash Senior Vice President Real Estate Development 000878 (SEAL) Alpine #301978.doc vk 6 STATE OF W'r'eM4NG COUNTY OF t L� I, \ez\.o f 1/\Xr`k-cN. 1 a Notary Public in and for the aforesaid State and County, do hereby certify that DAVID J. MURDOCK, Managing Member, personally appeared before me this day and that by the authority duly given and on behalf of OVERLAND PROPERTIES ALPINE, LLC, the foregoing instrument was signed and executed by him for the purposes therein expressed. 1 4 a k Notary Public State of Utah Fv* Comm. No. 578233 i My Comm. Expires Apr 1, 2013 i My Commission Expires: t i h NOTARY 000879 and notarial seal this the Zg day of �,1(� 2010. Printed Name: Notary Public STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, Darnell A. Stallings, a Notary Public in and for the aforesaid State and County, do hereby certify that THOMAS M. NASH and THOMAS E. SCHOENHEIT, Senior Vice President -Real Estate Development and Assistant Secretary, respectively, of FAMILY DOLLAR, INC., personally appeared before me this day and that by the authority duly given and as the act of the corporation, the foregoing instrument was signed and executed by them for the purposes therein expressed. WITNESS my hand and notarial seal this the 19th day of May, 2010. My Commission Expires: August 8, 2014 NOTARY Darnell A. Stallings Notary Public tn Ce .1 Z t 0,. co 7 '1 '''At. r rveR covE t,„ --1 o 0 -4 -c' 'Tr .ZY MAIN STREET 7 7 4. .z.7 lit r: g "1, J> •k pc? c. r. m. ,P, „F. f0 M i7. di Cel .2'7 4 -9 2 --k c.., PREIJA4144ARY PLAT 0, 0) 3 .r. co 0 EV ;DEMISED 'Misuse s ConitMoN e.c_ess r 3.; (J IY/G, N.) RENDEZvOtiS ENGINEERING, P.C. o080 Exhibit A Site Plan Short Form Leas Dated: of M p■ Landlord: Tenant: Ahtli Project #3019 p) ne, WY 0008E1 Lot 1 of the GREYS RIVER COVE ADDITION TO THE TOWN OF ALPINE, Lincoln County, Wyoming, as shown on the official plat thereof filed June 10, 2010, as Receiving No. 953886, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 953886.