Fill and Sign the Lease Supermarket Lessor to Erect Building Form

Lease of Supermarket Agreement made on the ___ day of __________, 20___, between _______________ of ______________________________ (street address, city, county, state, zip code), referred to herein as Lessor, and ___________________, Inc., a corporation organized and existing under the laws of the state of ______________, with its principal office located at _________________ __________________ (street address, city, county, state, zip code), referred to herein as Lessee. I. Description of Premises; Term of Lease; Use of Premises Lessor leases to Lessee, and Lessee leases from Lessor, for a term of ______ (number) years, to commence on a date determined as set forth in Section XV of this Lease Agreement, the building and adjoining premises described in Exhibit A attached hereto (hereinafter referred to as the Leased Premises), together with all easements, rights, improvements, and appurtenances, for use as a supermarket by Lessee, in which the parties contemplate will be sold various types of merchandise commonly sold by supermarkets of the size of the supermarket on Leased Premises. II.Rent Lessee shall pay to Lessor as rent for the Leased Premises the sum of $___________per month in advance, on the ____day of every month during the term of this Lease Agreement. III. Repairs and Maintenance A.Lessee shall make all necessary incidental repairs to the interior of the Leased Premises and shall maintain the interior in good condition.B. Lessor shall make all exterior repairs, including repairs of the roof, sidewalks, skylights, as well as repairs as required because of water entering the Leased Premises from the roof or other parts of the building or from other causes not under the control of Lessee. Lessor shall maintain the exterior of the building and adjacent areas in good condition. Should Lessor neglect or refuse to make any such repairs, including repairs required to be made as a result of fire or other casualty, within a reasonable time after notice that they are needed, Lessor shall be liable for property damage or other loss sustained by Lessee, and Lessee without liability or forfeiture of its term as set forth in this Lease Agreement may have such repairs made at the expense of Lessor and may deduct from the rent the cost of such repairs. IV.Lessee to Comply with Laws; Fire Prevention A. Lessee shall comply with all local, state, and federal laws, rules, regulations, and requirements applicable to the Leased Premises, and in particular with those for the correction, prevention, and abatement of nuisances connected with the Leased Premises during the term of this Lease Agreement.B. Lessee shall promptly comply with and execute all rules, orders, and regulations of the appropriate governmental authorities for prevention of fires, at its own expense. Lessee shall not, however, be obligated to make structural changes or alterations or to install sprinkler or other systems for the detection or extinguishment of fire. C.Lessee shall not permit the Leased Premises to be occupied for any purpose deemed disreputable or extra hazardous on account of fire. V.Assignment and Sublease A.Lessee shall not assign this Lease Agreement without first obtaining the written consent of Lessor to the assignment. Lessor shall not withhold such consent unreasonably.B.Lessee shall have the right to sublet the Leased Premises for any lawful purpose provided the subletting shall be subject to the terms and conditions of this Lease Agreement, and further provided that Lessee shall notify Lessor in writing of any such subletting promptly. A subletting shall not release Lessee from any of its obligations under this Lease Agreement. VI. Effect of Damage to or Destruction of Leased Premises A. If the Leased Premises are damaged or destroyed in whole or in part by fire or other casualty during the term of this Lease Agreement, Lessor shall, with due diligence, repair, restore, rebuild, or replace the Leased Premises or portions of the Leased Premises destroyed or damaged, so that the property shall be substantially the same as prior to the damage. If the destruction or damage amounts to more than ______ (percentage of insurable value of Leased Premises destroyed or damaged) % of the insurable value of the Leased Premises, and the damage or destruction occurs within ______ (number) years of the expiration date of this Lease Agreement, then Lessor may, at its option, terminate this Lease Agreement by giving written notice to Lessee within ______ (number) days after the date the damage or destruction occurred. In that event, this Lease Agreement shall terminate on the date specified in the notice, and Lessor shall not be obligated to repair or rebuild.B.In the event of any damage or destruction as described in the preceding subparagraph, rent under this Lease Agreement shall be abated for the time during which, and to the extent to which, the Leased Premises are not used by Lessee for retail trade and before repair. Lessee shall be entitled to receive a pro rata refund out of any advance rent paid by it for the period during which the Leased Premises were unusable by reason of destruction or damage. VII.Lessor’s Right to Inspect or Repair Lessor and its agents or other representatives shall have the right to enter the Leased Premises, or any part of the Leased Premises, at all reasonable hours for the purpose of examining them or making such repairs or alterations as may be necessary to make them safe and to preserve them. VIII.Lessor’s Right to Show and Advertise Premises Lessee shall permit Lessor or its agents to show the Leased Premises to persons wishing to lease or purchase them. During the ______ (number) days immediately preceding the expiration of the term of this Lease Agreement, Lessor or its agents shall have the right to place a sign on the exterior of the Leased Premises , such as "To Lease" or "For Sale" signs, and shall allow the signs to remain on the building if they do not interfere with Lessee's use or occupancy. IX.Lessee’s Right to Place Signs; Removal for Repair of Building A. Lessee shall have the privilege of placing on the Leased Premises such signs as it deems necessary and proper in the conduct of its business.B. If Lessor or its representatives shall deem it necessary to remove any such signs in order to paint the Leased Premises or make any other repairs, alterations, or improvements on the Leased Premises, Lessor shall have the right to do so, provided the signs are replaced whenever the repairs, alterations, or improvements are completed, and provided such removal and replacement shall be at the expense of Lessor. X.Utilities A. Lessee shall pay for all electricity and gas used in the Leased Premises during the term of this Lease Agreement and any renewal or extension of this Lease Agreement.B. Lessee shall pay to the appropriate water company supplying water to the Leased Premises, or reimburse Lessor in case he has paid, all charges for water furnished the Leased Premises and all sewer rentals that may, during the term of this Lease Agreement, be assessed or imposed for water used on the Leased Premises, whether determined by meter or otherwise, as soon as they are assessed or imposed. If such charges or rentals are not paid by Lessee during the month in which they are due, they shall be added to the next month's rent to become due.C.Lessee shall maintain heating and hot water systems on the Leased Premises at its own expense. XI.Manner of Giving Notices A. Any notice to be given by either party to the other, pursuant to the provisions of this Lease Agreement or of any law, shall be given by registered or certified mail, and sent or delivered to the party at the address stated above or at such other address as the party may have designated in writing.B.It is agreed that there is to be no enforceable default against Lessee, or the exercise of any option or right granted to Lessor under any provision of this Lease Agreement in the event of Lessee's default or omission, unless notice of the default or omission shall have first been given as indicated in this Lease Agreement, specifying the default or omission, and Lessee shall have had ______ (number) days after the actual receipt of such notice to remedy the default or omission. If the default or omission complained of is of such nature that it cannot be completely cured within such ______ (number)-day period, the default nevertheless shall not be enforceable against Lessee if Lessee shall have begun curing it within the _______ (number) -day period and shall, with reasonable diligence and in good faith, proceed to remedy it. XI.Indemnification of Lessor Lessee during the term of this Lease Agreement shall indemnify and hold Lessor harmless from any claim or demand, whether for injuries to persons, loss of life, or damage to property occurring on the Leased Premises and arising out of the use and occupancy of the Leased Premises by Lessee during the lease term, excepting, however, such claims and demands, whether for injuries to persons, loss of life, or damage to property, caused by the acts or omissions of Lessor. Nothing contained in this Section shall, however, detract from Lessor's rights to protection under the public liability insurance policy to be paid for by Lessee as specified in Section XII of this Lease Agreement.XIII.Insurance A. Insurance companies. It is agreed that all policies of insurance to be maintained in force by the respective parties to this Lease Agreement shall be obtained from good and solvent insurance companies.B. Lessee to obtain public liability insurance. Lessee shall, at its own expense, at all times during the term of this Lease Agreement, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers designated by Lessor, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the Leased Premises. The liability under such insurance shall not be less than $_________ (dollar amount of personal injury liability insurance per person) for any one person killed or injured, $__________ (dollar amount of personal injury liability insurance per accident) for any one accident, and $____________ (dollar amount of property damage liability insurance) for property damage. C. Lessee to obtain plate-glass insurance. Lessee shall obtain and keep in force adequate plate-glass insurance on all plate glass on the Leased Premises.D. Lessee to obtain workers' compensation insurance. Lessee shall maintain and keep in force all workers' compensation insurance required under the laws of _______ (state), and such other insurance as may be necessary to protect Lessor against any other liability to person or property arising under this Lease Agreement by operation of law, whether such law be now in force or adopted subsequent to the execution of this Lease Agreement.E. Lessor to obtain fire insurance on Leased Premises. Lessor shall maintain in force at all times during the term of this Lease Agreement a policy or policies of fire insurance to the extent of at least ___% of the insurable value of the Leased Premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, a waiver of the right of subrogation.F. Lessee's waiver of casualty insurance proceeds. If the Leased Premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee shall claim no interest in any insurance settlement arising out of any such loss if the insurance premiums were paid by Lessor or if the Lessor was named as the sole beneficiary. Lessee shall execute all documents required by Lessor or the insurance company or companies which may be necessary for use in connection with the settlement of any such loss.G. Lessee's failure to insure. Should Lessee fail to keep in effect and pay for such insurance as required by this Section, Lessor may do so, in which event the insurance premiums paid by Lessor shall become due and payable immediately and failure of Lessee to pay such amount on demand shall constitute a breach of this Lease Agreement.XIV.Lessee’s Right to Terminate on Frustration of Business Purpose by Law or Covenant During the term of this Lease Agreement, should the use of the Leased Premises for a supermarket, including the sale of such merchandise as shall be generally sold in supermarkets, and for an adequate parking lot be prohibited, limited, or restricted by the terms of any restriction, covenant, regulation, ordinance, or zoning resolution affecting the Leased Premises, Lessee, at its option, may terminate this Lease Agreement by giving Lessor ______ (number) days' written notice of its election to do so.XV.Beginning Date of Term; Rent Before Term Begins A. Beginning date of lease term. The term of this Lease Agreement shall begin and the first monthly installment of rent shall become due and payable on the __th day after Lessee shall have been notified by registered mail that a certificate of occupancy for the Leased Premises has been issued by the proper authorities having jurisdiction of such matters. If the day on which the term of this Lease Agreement shall commence shall fall on a day other than the first day of the month, the term of this Lease Agreement shall run for the unexpired portion of such month plus _______ (number) years, beginning with the first day of the month next ensuing.B. Certificate of beginning date of lease term. Lessor and Lessee shall execute and deliver, within ________ (number) days after the term of this Lease Agreement shall begin as provided in Paragraph A of this Section, an instrument in writing in duplicate (each receiving one of the duplicates) certifying the date of the beginning of the term. XVI.Fixtures A. All fixtures installed by Lessee in the Leased Premises, including but not limited to, refrigeration machinery and controls, piping, coils and conduits appurtenant to such refrigeration machinery, air-conditioning and air circulating machinery, lighting fixtures, food storage boxes, refrigerators, display cases, counters, shelves, racks, and general store fixtures, shall remain the property of Lessee and may be removed by it at any time during the term of or at the expiration of this Lease Agreement.B. Any such fixtures remaining in the Leased Premises after the expiration of the term of this Lease Agreement shall be deemed abandoned by Lessee and shall become the property of Lessor.C. Any damage to the Leased Premises caused by the removal of such fixtures shall be repaired by Lessee. XVII.Interior Alterations Lessee shall have the right to install such interior partitions and to cut such holes in the flooring as may be desirable for the conduct of its business, but shall restore the Leased Premises to their former condition at or prior to the expiration of the term of this Lease Agreement, allowing for reasonable wear and tear. Lessee shall remove all mechanics' liens arising out of such alterations within _______ (number) days after their completion.XVIII.Lessee’s Payment of Mortgage or Taxes on Lessor’s Default If Lessor fails to make any payment on account of principal or interest on any mortgage or trust deed note affecting the Leased Premises, or to pay any tax or assessment assessed or levied against the Leased Premises during the period within which such payment may be made without penalty or interest, Lessee, on written notice to Lessor, shall have the right to pay such amount and to deduct the sum so paid from the next or any subsequent installment of rent due under this Lease Agreement. XIX.Painting Interior Lessee shall paint the interior of the Leased Premises, after the initial painting of the Premises, at its own expense whenever such painting shall, in the opinion of Lessor, become necessary. XX.No Lease to Competing Business A. Lessor covenants that it will not lease or permit to be occupied as a retail food store any premises owned, leased, or occupied by it, its legal representatives, successors, or assigns, not presently occupied as such a store, within a distance of ________ (number) miles from the Leased Premises, without the prior, express, and written consent of Lessee.B. Without limitation of the meaning of the words "retail food store" in the preceding paragraph, such prohibition shall apply in particular to a supermarket, meat market, grocery store, fruit and vegetable store, and frozen or otherwise processed food store, but shall not apply to a delicatessen, bakery, drugstore, or any restaurant where food is sold for on- premises consumption. XXI.Eminent Domain A. Condemnation of entire premises. If all of the Leased Premises are taken or condemned for any public or quasi-public use, this Lease Agreement shall terminate as of the date of such taking. The award for the taking of the Leased Premises shall belong to Lessor. Lessee shall, however, be permitted to make a claim to the condemning authorities for the value of any improvements erected by it on the Leased Premises and for the value of any fixtures installed by it in and on the Leased Premises.B.Condemnation of part of Leased Premises If a portion of the Leased Premises is taken or condemned for any public or quasi-public use, this Lease Agreement shall terminate as to the part taken and shall continue as to the remainder of the Leased Premises for the balance of the term of this Lease Agreement at a reduced rental based on the proportion of the ground floor remaining after such taking bears to the ground floor area of the Leased Premises prior to such condemnation. However, if the ground floor area of the Leased Premises remaining after the taking shall be less than ______ (percentage of ground floor area of premises remaining after taking) % of the ground floor area of the Leased Premises before the taking, or if the taking shall be of the parking area, and the parking area remaining shall be less than ________ (percentage of parking area remaining after taking) % of such parking area before the taking, and Lessee shall deem it impracticable to continue its rental of the Leased Premises after such taking of either the Leased Premises or the parking area, this Lease Agreement shall terminate on Lessee's giving of _____ (number) days' written notice of such termination within a reasonable time after condemnation. In any event, Lessee shall be permitted to make a claim to the condemning authorities for the value of any improvements erected by it on the Leased Premises and for the value of any fixtures installed by it in and on the Leased Premises. C. Condemnation of certain percentage or less of parking area. In the event of condemnation of ______ (percentage of parking area condemned) %, or less, of the parking area, Lessor shall pay to Lessee out of the award for such taking, after deduction of necessary costs and expenses, that proportion of the net award that the number of years remaining in the term of this Lease Agreement bears to the number of years of the original term of this Lease Agreement. XXII.Lessor’s Covenants and Warranties A. Lessor covenants and warrants that: 1.Lessor is the owner of the Leased Premises and has the right to enter into this Lease Agreement.2. Lessee, on paying the rent reserved in this Lease and on performance of all of the terms and conditions of this Lease Agreement on its part to be performed, shall at all times during the term of this Lease Agreement peacefully and quietly hold and enjoy the Leased Premises.3. The Leased Premises are now free from all encumbrances except mortgages and trust deeds of record. B. Lessor further covenants and warrants that at the time of the delivery of possession of the Leased Premises to Lessee: 1. The Leased Premises shall be clear of all mechanics' liens.2. The Leased Premises shall be free from latent defects.3. A certificate of occupancy shall have been duly issued for the Leased Premises..4. The Leased Premises may be used as a supermarket for the sale of any merchandise that is usually offered for sale in a supermarket. XXIII.Use and Maintenance of Parking Area Lessee, so long as it shall have the exclusive use of the parking area shall repair, maintain, and illuminate the parking area at its own expense. Should the parking area be used in common with other lessees or tenants of Lessor, the repairs, maintenance, and illumination shall be at Lessor's expense.XXIV.Lessor’s Reentry on Default If the Leased Premises, or any part of the Leased Premises, shall be deserted or become vacant during the term of this Lease Agreement, or if any default is made in the payment of rent or in the performance of any of the covenants contained in this Lease Agreement, Lessor or its representatives may reenter the Leased Premises by summary or other proceedings and remove all persons from the Leased Premises, without being liable to prosecution for such actions, and Lessee shall pay at the same time as the rent becomes payable under the terms of this Lease Agreement a sum equivalent to the rent reserved in this Lease Agreement. Lessor may on reentry, rent the Leased Premises on behalf of Lessee, reserving the right to rent them for a longer period of time than that fixed in the original lease agreement, without releasing the original tenant from liability, applying any sums collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and finally to the payment of the rent and all of the charges due and to become due to Lessor. Any surplus shall be paid to Lessee, who shall remain liable for any deficiency. XXV.Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary notwithstanding, any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XXVI.Binding Effect The covenants and agreements contained in this Lease Agreement shall be binding on the parties to this Lease Agreement and on their respective successors, heirs, personal representatives, and assigns. XXVII. Governing Law This Lease Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________. XXVII. Attorney Fees If any action is filed in relation to this Lease Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the attorney's fees of the successful party. XXVIII. Entire Agreement This Lease Agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Lease Agreement shall not be binding upon either party except to the extent incorporated in this Lease Agreement. XXIX.Modification of Agreement Any modification of this Lease Agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party.WITNESS our signatures as of the day and date first above stated. ____________________, INC. ________________________ By_____________________________(Name of Lessor) (Name and Office in Corporation)