Sidney C. Shaw - Page 10




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          Lease Agreements                                                            
               Petitioner usually represented both sides of the lease                 
          transactions between himself and Shaw’s Gulf.  Petitioner signed            
          the lease agreements as the legal owner of the property, as                 
          lessor, and as the legal representative of Shaw’s Gulf, as                  
          lessee, for the following properties:  Buy N Bye #2, Buy N                  
          Buy #6, Buy N Buy #7, Buy N Bye #12, Buy N Bye #13, Western                 
          Sizzlin’ PC, and the airplane.  Kellum signed as the legal                  
          representative of Shaw’s Gulf, as lessee, on the leases for                 
          Western Sizzlin’ SW, Conoco Cmart #16, and the office building              
          located in Stillwater.                                                      
               Petitioner had an appraisal done for each property he owned            
          and used the appraisal to determine the rental price.  He                   
          generally set the rental price based on the appraisal value and             
          added a 12-percent return.  Kellum and Webb calculated the                  
          numbers that assisted petitioner in determining whether he could            
          own, develop, and lease a particular property to Shaw’s Gulf.               
          Kellum typed some of the lease documents but did not research               
          what the fair rental value of properties would have been.                   
               The lease agreements included the land, building, fixtures,            
          and equipment at the specified location.  The lease agreements              
          also provided that Shaw’s Gulf would be responsible for the                 
          repairs and maintenance of each property and that improvements              
          made by the lessee would revert to the lessor upon termination of           
          the lease.  The lease agreements for Buy N Bye #2, Buy N Bye #6,            




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Last modified: May 25, 2011