![moses midnight club 2 moses midnight club 2](https://oyster.ignimgs.com/mediawiki/apis.ign.com/midnight-club-ii/3/32/Map-la-moses-1.jpg)
“Our proposed solution to this situation would be to withhold an amount from your lease payment every month, beginning March of 1999 until the amount is resolved. The letter contemplated a continuation of the lease: Appellee stated it would pay the back taxes and then offset the amount by reducing its rent payment by a proportionate amount over the next 9 months. On January 20, 1999, the accountant for appellee sent a letter to appellants concerning the payment of real estate tax provisions in the lease and appellants' failure to timely pay certain back taxes. “Lessor does hereby grant to Lessee, solely as additional consideration for the rent to be paid by Lessee hereunder, the exclusive option to purchase both Parcel 1 and Parcel 2 for the aggregate sum of $400,000.00 In addition to Lessee's purchase option, Lessee is also hereby granted by Lessor a right of first refusal regarding any sale of Parcel and Parcel 2.” The lease also allowed appellee an option to purchase the subject property.
![moses midnight club 2 moses midnight club 2](https://i.ytimg.com/vi/HWKj5Pt5W0A/maxresdefault.jpg)
“All other terms and conditions remain unchanged.” The rental rates for the combined Parcels 1 and 2 for the option periods are as follows: “Lessee will have the option to renew this lease, for three additional periods of three years, upon 90 days written notice to Lessor. The parties contemplated possible renewal of the lease for three additional 3-year periods. Appellee had the right to make any additions or improvements at its expense. The lease also provided that appellee would pay all the real estate taxes at the 1995 assessment levels and appellants would be responsible for any tax amount in excess of the 1995 assessment levels. Rent for the property, which was divided into two parcels, was a combined amount of $4,700 per month for the first year, $4,800 per month for the second year, and $4,900 per month for the third year. On January 18, 1996, appellants entered into a written lease with appellee for commercial real estate and buildings commencing on March 1, 1996, and terminating on February 28, 1999. The facts in this case are for the most part undisputed.
#Moses midnight club 2 trial#
Appellants argue appellee did not have an option to purchase due to its status as a holdover tenant and the trial court's conclusion on estoppel and waiver is not supported by substantial competent evidence. Moses appeal the trial court's decision that they were estopped and/or waived their right to assert a breach of contract and that appellee Concrete Accessories Company, Inc., properly exercised its option to purchase the property under the lease agreement. In this declaratory judgment action involving a commercial real estate lease, appellants Paul Z. John Terry Moore, of Moore Martin, L.C., of Wichita, for the appellee. Decided: August 13, 2004īefore ELLIOTT, P.J., PIERRON and GREENE, JJ.
![moses midnight club 2 moses midnight club 2](http://assets2.ignimgs.com/2002/11/26/midnightclub2_112502_12-473651.jpg)
CONCRETE ACCESSORIES CO., INC., a Kansas Corporation, Appellee, v.