The City Of Clear Lake Signed A Lease Agreement With Mountainside Builders

As part of the management and leasing agreement, United Equities managed, leased and operated the entire ownership of the shopping centre. Clear Lake gave United Equities the “powers and obligations” to charge and collect, among other things, rents and other costs from tenants, maintain the property and common elements of the property, make arrangements for utilities, pay taxes, acquire and maintain licenses, and pay operating costs. In compensation for the services provided by United Equities in the management of the property, Clear Lake agreed to pay United Equities an “administrative fee” equivalent to five percent of the monthly gross revenues. The lease identified Garden Ridge`s share of common area maintenance (CAM) costs. Pursuant to section 6.4 of the lease agreement, Garden Ridge paid the estimated CAM fee, and the owner sent Garden Ridge the following year a voting statement indicating the remaining amounts due to the owner for CAM`s fees. Freedman acknowledged that “some of what [United Equities] do is involved in management and some of what they do is involved in supervision, ” and he said tenants were paying Clear Lake for “management and supervision.” He said that a “management obligation” could be located “within the Community space or in the deceased premises”. Clear Lake states that “Garden Ridge has not paid its burden of proof for an amount of compensatory damages and has certainly not proved that it is entitled to all administrative costs paid.” Clear Lake contends that Garden Ridge is not entitled to recovery of all administrative fees paid, given that at least some taxes are permitted under the lease agreement and the registration contains evidence that certain management activities of United Equities are related to the common domain. Garden Ridge replied that, for three reasons, it was entitled to recover the full administrative costs: in 1995, Garden Ridge and Fiesta Mart signed a commercial lease for Garden Ridge to lease land in the Fiesta Mart Shopping Centre. Article VI of the lease concerned the community division of the shopping centre, partly as follows: Freedman also testified that `leasing and the execution of leases are always a matter for the whole management of immovable property`. He explained that “trying to bring people to the centre” and keep it “rented” and “occupied” is a “management obligation”. Asked if advertising for the mall was part of the management of the community estate, he said: “I don`t know…

Author: daniele130