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Full Doc
 | 1997 |
Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA)
Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA) (20K)
Doc #146194: Click preview link for longer preview.
PROPERTY CO-TENANCY
OWNERSHIP AGREEMENT
(Tractor Supply Company Store - Bristol, VA)
THIS CO-TENANCY AGREEMENT,
Made and entered into as of the 10th day of March, 1997, by and
between The Thomas W. Adamson Family Limited Partnership,
(hereinafter called "Adamson"), and AEI Real Estate Fund XVIII
Limited Partnership (hereinafter called "Fund XVIII") (Adamson,
Fund XVIII (and any other Owner in Fee where the context so
indicates) being hereinafter sometimes collectively called "Co-
Tenants" and referred to in the neuter gender).
WITNESSETH:
WHEREAS, Fund XVIII presently owns an undivided 52.2137% interest
in and to, and Adamson presently owns an undivided 14.5690%
interest in and to, and Mason presently owns an undivided
11.6552% interest in and to, and Arel and Louise Middleton
presently own an undivided 11.6552% interest in and to, and Joyce
R. Scott presently owns an undivided 9.9069% interest (also
referred to herein as Co-Tenant) in and to, the land, situated in
the City of Bristol, County of Washington, and State of Virginia,
(legally described upon Exhibit A attached hereto and hereby made
a part hereof) and in and to the improvements located thereon
(hereinafter called "Premises");
WHEREAS, The parties hereto wish to provide for the orderly
operation and management of the Premises and Adamson's interest
by Fund XVIII; the continued leasing of space within the
Premises; for the distribution of income from and the pro-rata
sharing in expenses of the Premises.
NOW THEREFORE, in consideration of the purchase by Adamson of an
undivided interest in and to the Premises, for at least One
Dollar ($1.00) and other good and valuable consideration by the
parties hereto to one another in hand paid, the receipt and
sufficiency of which are hereby acknowledged, and of the mutual
covenants and agreements herein contained, it is hereby agreed by
and between the parties hereto, as follows:
1. The operation and management of the Premises shall be
delegated to Fund XVIII, or its designated agent, successors or
assigns. Provided, however, if Fund XVIII shall sell all of its
interest in the Premises, the duties and obligations of Fund
XVIII respecting management of the Premises as set forth herein,
including but not limited to paragraphs 2, 3, and 4 hereof, shall
be exercised by the holder or holders of a majority undivided co-
tenancy interest in the Premises. Except as hereinafter expressly
provided to the contrary, each of the parties hereto agrees to be
bound by the decisions of Fund XVIII with respect to all
administrative, operational and management matters of the
property comprising the Premises, including but not limited to
the management of the net lease agreement for the Premises. The
parties hereto hereby designate Fund XVIII as their sole and
exclusive agent to deal with, and Fund XVIII retains the sole
right to deal with, any property agent or tenant and to monitor,
execute and enforce the terms of leases of space within the
Premises, including but not limited to any amendments, consents
to assignment, sublet, releases or modifications to leases or
guarantees of lease or easements affecting the Premises, on
behalf of Adamson. Only Fund XVIII may obligate Adamson with
respect to any expense for the Premises. Adamson agrees to
direct any inquiry respecting the Premises or of a tenant in the
Premises to Fund XVIII, and subject to the provisions of the last
paragraph of section 2, shall not contact such tenants without
Fund XVIII's written approval, as long as Fund XVIII retains an
interest in the Premises.
146194
|
Wal-Mart Stores
As referenced in this Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA):
(Wal-Mart Stores, Inc – in Washington County and the City of Bristol,
Virginia within the Wal-mart Shopping Center Development;
being a portion of Tract No. 8 (Wal-Mart Stores, Inc .) as
shown on Plat of Record in Plat Book 4, Page 63, in the
recorders office for Washington County, Virginia; being more
_____________
Wal-Mart Stores, Inc – easement for the use of the drive
lanes, as set forth in Easements With Convenants And Restrictions
Affecting Land ("ECR") by and between Wal-Mart Stores, Inc ., a
Delaware corporation and Lowe's Home Center, Inc., a North
Carolina corporation, dated November 16, 1993, recorded in the
Clerk's
_____________
Wal-Mart
Stores, Inc – Book 888, page 345.
BEING a portion of the same real estate conveyed to Tractor
Supply Company, a Tennessee corporation by deed from Wal-Mart
Stores, Inc ., a Delaware corporation, dated October 2, 1995,
recorded November 29, 1995, recorded in the Clerk's Office,
Circuit Court, County of Washington,
_____________
dt 278180
;
Thomas W. Adamson Family LP;
Arel and Louise Middleton;
| Joyce R. Scott;
Aei Real Estate Fund Xviii Limited Partnership
|
| Preview
Full Doc
| 1997 |
Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA)
Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA) (19K)
Doc #146197: Click preview link for longer preview.
PROPERTY CO-TENANCY
OWNERSHIP AGREEMENT
(Tractor Supply Company Store - Bristol, VA)
THIS CO-TENANCY AGREEMENT,
Made and entered into as of the 21 day of March, 1997, by and
between The Thomas W. Adamson Family Limited Partnership,
(hereinafter called "Adamson"), and AEI Real Estate Fund XVIII
Limited Partnership (hereinafter called "Fund XVIII") (Adamson,
Fund XVIII (and any other Owner in Fee where the context so
indicates) being hereinafter sometimes collectively called "Co-
Tenants" and referred to in the neuter gender). This Co-Tenancy
Agreement supersedes in its entirety that certain Property Co-
Tenancy Ownership Agreement dated March 10, 1997.
WITNESSETH:
WHEREAS, Fund XVIII presently owns an undivided 37.6447% interest
in and to, and Adamson presently owns an undivided 29.138%
interest in and to, and Mason presently owns an undivided
11.6552% interest in and to, and Arel and Louise Middleton
presently own an undivided 11.6552% interest in and to, and Joyce
R. Scott presently owns an undivided 9.9069% interest (also
referred to herein as Co-Tenant) in and to, the land, situated in
the City of Bristol, County of Washington, and State of Virginia,
(legally described upon Exhibit A attached hereto and hereby made
a part hereof) and in and to the improvements located thereon
(hereinafter called "Premises");
WHEREAS, The parties hereto wish to provide for the orderly
operation and management of the Premises and Adamson's interest
by Fund XVIII; the continued leasing of space within the
Premises; for the distribution of income from and the pro-rata
sharing in expenses of the Premises.
NOW THEREFORE, in consideration of the purchase by Adamson of an
undivided interest in and to the Premises, for at least One
Dollar ($1.00) and other good and valuable consideration by the
parties hereto to one another in hand paid, the receipt and
sufficiency of which are hereby acknowledged, and of the mutual
covenants and agreements herein contained, it is hereby agreed by
and between the parties hereto, as follows:
1. The operation and management of the Premises shall be
delegated to Fund XVIII, or its designated agent, successors or
assigns. Provided, however, if Fund XVIII shall sell all of its
interest in the Premises, the duties and obligations of Fund
XVIII respecting management of the Premises as set forth herein,
including but not limited to paragraphs 2, 3, and 4 hereof, shall
be exercised by the holder or holders of a majority undivided co-
tenancy interest in the Premises. Except as hereinafter expressly
provided to the contrary, each of the parties hereto agrees to be
bound by the decisions of Fund XVIII with respect to all
administrative, operational and management matters of the
property comprising the Premises, including but not limited to
the management of the net lease agreement for the Premises. The
parties hereto hereby designate Fund XVIII as their sole and
exclusive agent to deal with, and Fund XVIII retains the sole
right to deal with, any property agent or tenant and to monitor,
execute and enforce the terms of leases of space within the
Premises, including but not limited to any amendments, consents
to assignment, sublet, releases or modifications to leases or
guarantees of lease or easements affecting the Premises, on
behalf of Adamson. Only Fund XVIII may obligate Adamson with
respect to any expense for the Premises. Adamson agrees to
direct any inquiry respecting the Premises or of a tenant in the
Premises to Fund XVIII, and subject to the provisions of the last
paragraph of section 2, shall not contact such tenants without
Fund XVIII's written approval, as long as Fund XVIII retains an
interest in the Premises.
146197
|
Wal-Mart Stores
As referenced in this Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA):
(Wal-Mart Stores, Inc – in Washington County and the City of Bristol,
Virginia within the Wal-mart Shopping Center Development;
being a portion of Tract No. 8 (Wal-Mart Stores, Inc .) as
shown on Plat of Record in Plat Book 4, Page 63, in the
recorders office for Washington County, Virginia; being more
_____________
Wal-Mart Stores, Inc – easement for the use of the drive
lanes, as set forth in Easements With Convenants And Restrictions
Affecting Land ("ECR") by and between Wal-Mart Stores, Inc ., a
Delaware corporation and Lowe's Home Center, Inc., a North
Carolina corporation, dated November 16, 1993, recorded in the
Clerk's
_____________
Wal-Mart
Stores, Inc – Book 888, page 345.
BEING a portion of the same real estate conveyed to Tractor
Supply Company, a Tennessee corporation by deed from Wal-Mart
Stores, Inc ., a Delaware corporation, dated October 2, 1995,
recorded November 29, 1995, recorded in the Clerk's Office,
Circuit Court, County of Washington,
_____________
dt 278181
;
Thomas W. Adamson Family LP;
Arel and Louise Middleton;
| Joyce R. Scott;
Aei Real Estate Fund Xviii Limited Partnership
|
| Preview
Full Doc
| 1997 |
Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA)
Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA) (18K)
Doc #146211: Click preview link for longer preview.
PROPERTY CO-TENANCY
OWNERSHIP AGREEMENT
(Tractor Supply Company Store - Bristol, VA)
THIS CO-TENANCY AGREEMENT,
Made and entered into as of the 2nd day of Jan, 1997, by and
between William E. Mason and Hazel Mason as tenants in common,
(hereinafter called "Mason"), and AEI Real Estate Fund XVIII
Limited Partnership (hereinafter called "Fund XVIII") (Mason,
Fund XVIII (and any other Owner in Fee where the context so
indicates) being hereinafter sometimes collectively called "Co-
Tenants" and referred to in the neuter gender).
WITNESSETH:
WHEREAS, Fund XVIII presently owns an undivided 55.0170% interest
in and to, and Robert P. Johnson presently owns an undivided
11.7657% interest in and to, and Mason presently owns an
undivided 11.6552% interest in and to, and Arel and Louise
Middleton presently own an undivided 11.6552% interest in and to,
and Joyce R. Scott presently owns an undivided 9.9069% interest
(also referred to herein as Co-Tenant) in and to, the land,
situated in the City of Bristol, County of Washington, and State
of Virginia, (legally described upon Exhibit A attached hereto
and hereby made a part hereof) and in and to the improvements
located thereon (hereinafter called "Premises");
WHEREAS, The parties hereto wish to provide for the orderly
operation and management of the Premises and Mason's interest by
Fund XVIII; the continued leasing of space within the Premises;
for the distribution of income from and the pro-rata sharing in
expenses of the Premises.
NOW THEREFORE, in consideration of the purchase by Mason of an
undivided interest in and to the Premises, for at least One
Dollar ($1.00) and other good and valuable consideration by the
parties hereto to one another in hand paid, the receipt and
sufficiency of which are hereby acknowledged, and of the mutual
covenants and agreements herein contained, it is hereby agreed by
and between the parties hereto, as follows:
1. The operation and management of the Premises shall be
delegated to Fund XVIII, or its designated agent, successors or
assigns. Provided, however, if Fund XVIII shall sell all of its
interest in the Premises, the duties and obligations of Fund
XVIII respecting management of the Premises as set forth herein,
including but not limited to paragraphs 2, 3, and 4 hereof, shall
be exercised by the holder or holders of a majority undivided co-
tenancy interest in the Premises. Except as hereinafter expressly
provided to the contrary, each of the parties hereto agrees to be
bound by the decisions of Fund XVIII with respect to all
administrative, operational and management matters of the
property comprising the Premises, including but not limited to
the management of the net lease agreement for the Premises. The
parties hereto hereby designate Fund XVIII as their sole and
exclusive agent to deal with any property agent and to execute
leases of space within the Premises, including but not limited to
any amendments, consents to assignment, sublet, releases or
modifications to leases or guarantees of lease or easements
affecting the Premises, on behalf of all present or future Co-
Tenants. Only Fund XVIII may obligate any Co-Tenant with respect
to any expense for the Premises.
As further set forth in paragraph 2 hereof, Fund XVIII agrees to
require any Tenant of the Premises to name Mason as an insured or
additional insured in all insurance policies provided for, or
contemplated by, any lease on the Premises. Fund XVIII shall use
its best efforts to obtain endorsements adding Co-Tenants to said
policies from Tenant within 30 days of commencement of this
agreement. In any event, Fund XVIII shall distribute any
insurance proceeds it
146211
|
Wal-Mart Stores
As referenced in this Property Co-Tenancy Ownership Agreement (Tractor Supply Company Store - Bristol, VA):
(Wal-Mart Stores, Inc – in Washington County and the City of Bristol,
Virginia within the Wal-mart Shopping Center Development;
being a portion of Tract No. 8 (Wal-Mart Stores, Inc .) as
shown on Plat of Record in Plat Book 4, Page 63, in the
recorders office for Washington County, Virginia; being more
_____________
Wal-Mart Stores, Inc – easement for the use of the drive
lanes, as set forth in Easements With Convenants And Restrictions
Affecting Land ("ECR") by and between Wal-Mart Stores, Inc ., a
Delaware corporation and Lowe's Home Center, Inc., a North
Carolina corporation, dated November 16, 1993, recorded in the
Clerk's
_____________
Wal-Mart
Stores, Inc – Book 888, page 345.
BEING a portion of the same real estate conveyed to Tractor
Supply Company, a Tennessee corporation by deed from Wal-Mart
Stores, Inc ., a Delaware corporation, dated October 2, 1995,
recorded November 29, 1995, recorded in the Clerk's Office,
Circuit Court, County of Washington,
_____________
dt 278182
;
William E. Mason;
Hazel Mason;
| Robert P. Johnson;
Arel and Louise Middleton;
More... |