Lease Agreement Between College and Dance Studio

Lease Agreement between College and Dance Studio

THIS LEASE AGREEMENT made and entered into effective the day of , 20, by and between College, a Nonprofit Corporation, as Landlord, and , as Tenant, whereby Landlord leases to Tenant, and Tenant hereby rents from Landlord, the Dance Studio located on the premises described below, on the terms and conditions set out below.

W I T N E S S E T H :

FOR AND IN CONSIDERATION of the sum of Ten and No/100 Dollars ($10.00) cash in hand this day paid and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, College (hereinafter "Landlord"), does hereby lease and demise unto (hereinafter "Tenant"), and Tenant does hereby take and lease from Landlord, upon and subject to each of the covenants and undertakings hereinafter set forth, the Dance Studio in the Gymnasium, all located on real estate, whose address is , said Dance Studio being hereafter sometimes referred to as "demised premises".

Landlord and Tenant further covenant and agree as follows:

I. Term: The term of this Lease shall be for a period of months commencing on the day of , 20, and ending on the day of , 20. Written notice of any request to renew must be given to Landlord by Tenant on or before , 20. Landlord shall respond to any such request within thirty days, but shall be under no obligation to grant any such request.

II. Rent: During the term of this Lease, Tenant shall pay to Landlord total rent in the amount of Dollars in installments of Dollars per month payable on the day of each month in advance beginning 20, and continuing through the day of , 20. Rent checks shall be made payable to College, and mailed to the following address: , or to such other person or address as Landlord shall designate in writing.

III. Taxes: Landlord shall be responsible for payment of all state, county and municipal ad valorem property taxes and special assessments on the demised premises.

IV. Purpose: The premises hereby leased shall be used solely and exclusively by Tenant as a dance studio.

V. Repairs: Landlord shall be responsible for maintenance of the lighting, heating, cooling, and plumbing systems and for maintenance of the premises from a structural standpoint including the walls. Tenant, at Tenant's expense, shall maintain the demised premises and appurtenances to the demised premises in good repair and in at least as good condition as that in which they were delivered, allowing for ordinary wear and tear.

VI. Signs: Signs erected on the demised premises by Tenant shall first be approved by Landlord.

VII. Plumbing, Lighting and Improvements: Tenant may not change or alter the plumbing and lighting systems in the demised premises and no structural change shall be made to the demised premises without prior written approval of Landlord. All repairs, alterations, additions or improvements made by Tenant to the demised premises, except movable business or trade fixtures, shall become the property of Landlord.

VIII. Right of Inspection: Landlord may, at any reasonable time during the term of this Lease, visit and examine the demised premises and all parts thereof.

IX. Expense of Collection: Should any controverted or past due claim in favor of Landlord under this Lease be placed in the hands of an attorney at law for collection, and should Landlord prevail in enforcing such claim, Tenant shall pay, in addition to the amounts due on any such claim all reasonable costs, charges, and expenses in connection with the collection thereof including a reasonable attorney's fee to the attorney handling such claim for Landlord.

X. Utilities: Landlord will during the term of this Lease pay and discharge prior to delinquency all charges for water and sewage, gas, electricity, telephone and lights used in, on or upon the demised premises.

XI. Liabilities: Tenant, during the term hereof, shall indemnify and save harmless Landlord from and against all claims and demands whether from injuries to persons or loss of life or damage to property occurring within the demised premises and arising out of the use and occupancy of said demised premises by the Tenant.

XII. Common Facilities: Common Facilities include but are not limited to streets, sidewalks, parking areas and alleys. It is understood and agreed that Tenant, its students, employees, agents or invitees shall have the right to the use of all Common Facilities including the parking lot, sidewalks, alleyways, driveways and other facilities.

XIII. Vacancy Notice: Tenant will notify Landlord in writing any time the demised premises will be unoccupied.

XIV. Liability Insurance:

A. Tenant shall provide and keep in force, at Tenant's sole expense, for the benefit of Landlord, general public liability insurance protecting Landlord against claims for bodily injury or death occurring on or in the demised premises, or in the streets adjacent to the demised premises, for not less than $ with respect to any one accident or disaster, for not less than $ with respect to bodily injury or death to any one person, and for not less than $ with respect to destruction or damage to property. A liability policy or a certificate of insurance covering Tenant and Landlord, as their interests may appear shall be deemed a compliance with the provisions of this paragraph.

B. Tenant shall renew all liability policies of insurance that Tenant is required to procure and maintain under the provisions of this Lease when renewal is required, and at least ten (10) days prior to the expiration of the policies. Tenant shall provide Landlord with the renewal of the insurance policies hereunder. All binders, policies, or certificates shall provide for ten (10) days notice from insurers to Landlord of any cancellation or amendment to any of the insurance policies, where a notice requirement of this nature is acceptable to insurer.

XV. Subletting:

A. Tenant shall not assign this Lease Agreement or any interest in this Lease Agreement, or sublet the demised premises or any part of the demised premises or any right or privilege appurtenant to the demised premises, or allow any person other than Tenant and Tenant's agents and employees to occupy or use the demised premises or any part of the demised premises, without first obtaining Landlord's written consent.

B. Landlord's consent to one assignment, sublease, or occupancy or use shall not be deemed to be a consent to any subsequent assignment or sublease, or to any occupancy or use by any other person.

C. Any unauthorized assignment or sublease shall be void, and shall terminate this Lease Agreement at Landlord's option.

XVI. Default: In the event Tenant shall be in default in the payment of rentals hereunder or if Tenant shall default in any of the covenants herein contained and such default continues for ten (10) days after receipt of written notice by Tenant from Landlord, it shall be lawful for Landlord to enter upon and take possession of said demised premises, and Landlord may terminate this Lease and Tenant shall be liable at law for such forfeiture.

XVII. Waste: Tenant, its assignees or sublessees shall not commit waste upon said demised premises and at the expiration of this Lease will peaceably surrender possession of demised premises to the then owners of said real estate in safe condition.

XVIII. Landlord shall be allowed to use the demised premises in its discretion when said premises are not being used by Tenant.

XIX. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating a relationship of principal and agent or of partnership or of joint venture between the parties hereto.

XX. Notices: All notices required under this Lease shall be deemed to be properly served if delivered in writing personally or sent by certified mail with return receipt requested, to Tenant at , and to Landlord at , or to any subsequent address which Tenant or Landlord designates in writing to the other party for such purposes. Date of service of a notice served by mail shall be the date on which such notice is deposited in a post office of the United States Post Office Department.

XXI. Alterations and Improvements:

A. Tenant shall not improve or alter the demised premises in any manner without the prior, express, and written consent of Landlord, but shall, before making any improvements or alterations, submit plans and designs for such improvements or alterations to Landlord for its approval. In the event that the plans and designs are disapproved, the improvements or alterations shall be made only with such changes as may be required by Landlord.

B. Furnishings, trade fixtures, and equipment installed by Tenant shall be the property of Tenant and may be removed by Tenant at any time during the term of this Lease Agreement provided that Tenant is not in default under this Lease Agreement. On termination of this Lease Agreement, Tenant shall remove any such property. Tenant shall repair any damage to the demised premises resulting from the installation or removal of such property.

XXIII. Miscellaneous:

A. No waiver of any condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of said Lease.

B. The provisions of this Lease shall bind and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.

IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year above written.