This lease is made between ___________________, herein called
Lessor, and _________________________, herein called Lessee.
Lessee hereby offers to lease from Lessor the premises situated
in the City of ________________, County of __________________,
State of __________________, described as ________________________________________________________
upon the following TERMS and CONDITIONS.
1. Term and Rent. Lessor demises the above premises for a term
of ____ years, commencing on ________________, 19___ and terminating
on ______________, 19___, or sooner as provided herein at the
annual rental of _________________ Dollars ($___________) payable
in equal installments in advance on the first day of each month
for thatmonth's rental, during the term of this lease. All rental
payments shall be made to Lessor, at the address specified above.
2. Use. Lessee shall use and occupy the premise for the purpose
of __________________________________________________________
__________________________________________________________
The premises shall be used for no other purpose. Lessor represents
that the premises may lawfully be used for such purpose.
3. Care and Maintenancevof Premises. Lessee acknowledges that
the premises are in good order and repair, unless otherwise indicated
herein. Lessee shall, at his own expense and at all times, maintain
the premises in good and safe condition, including plate glass,
electrical wiring, plumbing and heating installations and any
other system or equipment upon the premises, and shall surrender
the same at termination hereof, in as good condition as received,
normal wear and tear excepted. Lessee shall be responsible for
all repairs required, excepting the roof, exterior walls, structural
foundations, and: _________________________________________
4. Alterations. Lessess shall not, without first obtaining the
written consent of Lessor, make any alterations, additions, or
improvements, in, to or about the premises.
5. Ordinances and Statutes. Lessee shall comply with all statutes,
ordinances and requirements of all munucipal, state and federal
authorities now in force, or which may hereafter be in force,
pertaining to the premises, occasioned by or affecting the use
thereof by Lessee.
6. Assignment and Subletting. Lessee shall not assign this lease
or sublet any portion of the premises without prior written consent
of the Lessor, which shall not be unreasonably withheld. Any
such assignment or subletting without consent shall be void and,
at the option of the Lessor, may terminate this lease.
7. Utilities. All aspplications and connections for necessary
utility services on the demised premises shall be made in the
name of Lessee only, and Lessee shall be solely liable for utility
charges as they become due, including those for sewer, water,
gas, electricity, and telephone services.
8. Entry and Inspection. Lessee shall permit Lessor or Lessor's
agents to enter upon the premises at reasonable times and upon
reasonable notice, for the purposes of inspecting the same, and
will permit Lessor at any time within sixty (60) days prior to
the expiration of this lease, to place upon the premises any
usual "To Let" or "For Lease" signs, and
permit persons desiring to lease the same to inspect the premises
thereafter.
9. Possession. If Lessor is unable to deliver to deliver possession
of the premises at the commencement hereof, Lessor shall not
be liable for any rent until possession is delivered. Lessee
may terminated this lease if possession is not delivered within
days of the commencement of the term hereof.
10. Indemnification of Lessor. Lessor shall not be liable for
any damage or injury to Lessee, or any other person, or to any
property, occuring on the demised premises or any part thereof,
and Lessee agrees to hold Lessor harmless from any claim for
damages, no matter how caused.
11. Insurance. Lessee, at his expense, shall maintain plate glass
and public liability insurance including bodily injury and property
damage insuring Lessee and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing
Lessor as additional insured. The Certificate shall provide for
a ten-day written notice to Lessor in the event of cancellation
or material change of coverage. To the maximum extent permitted
by insurance policies which may be owned by Lessor or Lessee,
Lessee and Lessor, for the benefit of each other, waive any and
all rights of subrogation which might otherwise exist.
12. Eminent Domain. If the premises or any part thereof or any
estate therein, or any other part of the building materially
affecting Lessee's use of the premise, shall be taken by eminent
domain, this lease shall terminate on the date when title vests
pursuant to such taking. The rent, and any additional rent, shall
be apportioned as of the the termination date, and any rent paid
for and period beyond that date shall be repaid to Lessee. Lessee
shall not be entitled to any part of the award for such taking
or any payment in lieu thereof, but Lessee may file a claim for
any taking of fictures and improvements owned by Lessee, and
for moving expenses.
13. Destuction of Premises. In the event of a partial destruction
of the premises during the term hereof, from any cause, Lessor
shall forthwith repair the same, provided that such repairs can
be made within sixty (60) days under existing governmental laws
and regulations, but such partial destruction shall not terminate
this lease, except that Lessee shall be entitled to a proportionate
reduction of rent while such repairs are being made, based upon
the extent to which making the repairs cannot be made within
sixty (60) days, Lessor, at his option, may make the same within
a reasonable time, this lease continuing in effect with the rent
proportionately abated as aforesaid, and in the event that Lessor
shall not elect to make such repairs which cannot be made within
sixty (60) days, this lease may be terminated at the option of
either party. In the event that the building in which the demised
premises may be situated is destroyed to an extent of not less
than one-third of the replacement cost, Lessor may elect to terminate
this lease whether the demised premises be injured or not. A
total destruction of the building in which the premises may be
situated shall terminate this lease.
14. Lessor's Remedies on Default. If Lessee defaults in the payment
of rent, or any additional rent, or defaults in the performance
of any of the other covenants or conditions hereof, Lessor may
give Lessee notice of such default and if Lessee does not cure
any such default within ____ days, after the giving of such notice
(or if such other default is of such nature that it cannot be
completely cured within such period, if Lessee does not commence
such curing within such ____ days and thereafter proceed with
reasonable diligence and in good faith to cure such default),
then Lessor may terminate this lease on not less than _____days'
notice to Lessee. On the date specified in such notice the term
of this lease shall terminate, and Lessee shall then quit and
surrender the premises to Lessor, but Lessee shall remain liable
as hereinafter provided. If this lease shall have been so terminated
by Lessor, Lessor may at any time thereafter resume possession
of the premises by any lawful means and remove Lessee or other
occupants and their effects. No failure to enforce any term shall
be deemed a waiver.
15. Security Deposit. Lessee shall deposit with Lessor on the
signing of this lease the sum of __________ Dollars ($ _____________)
as security deposit for the performance of Lessee's obligations
under this lease, including without limitation the surrender
of possession of the premises to Lessor as herein provided. If
Lessor applies any part of the deposit to cure any default of
Lessee, Lessee shall on demand deposit with Lessor the amount
so applied so that Lessor shall have the full deposit on hand
at all times during the term of this lease.
16. Tax Increase. In the event there is any increase during any
year of the term of this lease in the City, County or State real
estate taxes over and above the amount of such taxes assessed
for the tax year during which the term of this lease commences,
whether because of increased rate or valuation, Lessee shall
pay to Lesser upon presentation of paid tax bills an amount equal
to ______% of the increase in taxes upon the land and building
in which the leased premises are situated. In the event that
such taxes are assessed for a tax year extending beyond the term
of the lease, the obligation of Lessee shall be proportionate
to the portion of the lease term included in such year.
17. Common Area Expenses. In the event the demised premises are
situated in a shopping center or in a commercial building in
which there are common areas, Lessee agrees to pay his pro-rata
share of maintenance, taxes, and insurance for the common area.
18. Attorney's Fees. In case suit should be brought for recovery
of the premises, or for any sum due hereunder, or because of
any act which may arise out of the possession of the premises,
by either party, the prevailing party shall be entitled to all
costs incurred in connection with such action, including reasonable
attorney's fee.
19. Notices. Any notice which wither party may, or is required
to give, shall be given mailing same, postage prepaid, to Lessee
at the premises, or Lessor at the address shown below, or at
such other places as may be designated by the parties from time
to time.
20. Heirs, Assigns, Successors. This lease is binding upon and
inures to the benefit of the heirs, successors in interest to
the parties.
21. Option to renew. Provided that Lessee is not in default in
the performance of this lease, Lessee shall have the option to
renew the lease for an additional term of ______ months commencing
at the expiration of the initial lease term. All of the terms
and conditions of the lease shall apply during the renewal term
except that the monthly rent shall be the sum of $______________.
The option shall be exercised by written notice given to Lessor
not less than ________ days prior to the expiration of the initial
lease term. If notice is not given in the manner provided herein
within the time specified, this option shall expire.
22. Subordination. This lease is and shall be subordinated to
all existing and future liens and encumbrances against the property.
23. Entire Agreement. The foregoing constitutes the entire agreement
between the parties and may be modified only in a writing signed
by both parties. The following Exhibits, if any, have been made
a part of this lease before the parties'execution hereof:
Signed this day of ___________, 19____ .
Lessor: _______________________________
:Lessee: _______________________________
