Lease or Rental of Vacant Lot
Lease Agreement made on the ____ day of _____________, 20____, between
__________________ (Name of Lessor) , 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 Lessor , and
______________________ (Name of Lessee) , 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 .
Whereas, Lessor is the sole owner of certain vacant land located at __________
______________________________________________________________________
(street address, city, county, state, zip code) and more fully described below, which
it desires to lease to Lessee; and
Whereas, Lessee is a corporation that desires and is empowered to lease said
property; and
Whereas, t he parties desire to enter into a lease agreement to define their
respective rights, duties, and liabilities concerning such a lease;
Now, therefore, for and in consideration of the mutual covenants contained in this
agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Description of Premises and Purpose
Lessor hereby leases to Lessee, for the purpose of conducting in and on such
Premises a lawful business and for no other purpose, property located at ___________
_____________________________________________________________________
(street address, city, county, state, zip code) , and more particularly described in
Exhibit A which is attached to and made a part of this Lease Agreement. Said property
described in Exhibit A is hereafter referred to as Premises .
2. Term
The initial term of this Lease Agreement shall be for ______ (number) years,
commencing on ________________ (d ate) , and ending on ________________ (d ate) .
As used in this Lease Agreement, the expression term of this Lease Agreement refers
to the initial term and to any renewal of this Lease Agreement as provided below.
3. Rent
A. Lessee agrees to pay and Lessor agrees to accept $____________ for
and as the monthly rent for the Premises commencing upon execution of this
Lease Agreement. Such rent shall be paid in equal monthly installments in
advance on the first day of every month during the term of this Lease Agreement.
B. All rent payments shall be made in lawful money of the United States and
shall be paid to Lessor at ____________________________________________
_________________________ (street address, city, county, state, zip code) ,
or to such other address as Lessor shall notify Lessee of in writing at _________
________________________________________________________________
(street address, city, county, state, zip code) .
4. Utilities and Services
Lessee shall at its own expense provide any and all utilities or services.
Lessor does not warrant the quality or adequacy of the utilities or services, nor does
Lessor warrant that any utilities or services will be free from interruption.
5. Lessee further agrees that:
A. Condition of Premises: Upon the expiration of the Lease it shall return
possession of the Premises in its present condition, reasonable wear and tear
excepted. Lessee shall commit no waste to the Premises.
B. Alterations: Lessee shall not make any material alterations to the
Premises without Lessor’s prior written consent. However, Lessee is permitted to
make landscaping additions and deletions to the property and location such as
insertion of flower beds, or removal of trees for the creation of a recreation area.
C. Compliance with Law: Lessee shall comply with all building, zoning and
health codes and other applicable laws for the use of said Premises.
D. Lessee’s Conduct: Lessee shall not conduct on Premises any activity
deemed extra hazardous, or a nuisance.
E. Right of Termination and Re-Entry: In the event of any breach of the
payment of rent or any other allowed charge, or other breach of this Lease
except as set forth in this paragraph, Lessor shall have full rights to terminate this
Lease in accordance with state law and re-enter and reclaim possession of the
Premises, in addition to such other remedies available to Lessor arising from said
breach. In the event that the property is found by competent authority to be in
violation of any ordinance or state law regarding waste on the property, the
Lessor is granted the rights of re-entry and all other rights of exclusive
possession and ownership five (5) days after mailing notice to the Lessee of such
violation and the Lessor’s demand for repossession. The Lessee may maintain
its rights of use and possession by curing the violation prior to repossession.
6. Subordination
This Lease shall be subordinate to all present or future mortgages against the
Premises.
7. Indemnity
Lessee will indemnify and hold Lessor harmless from any liability for injury to or
death of any person, including Lessee, or for damage to property arising from Lessee’s
using and occupying the Premises or from the act or omission of any person or persons,
including Lessee, in or about the Premises with Lessee’s express or implied consent.
As of the execution of this Lease, Lessee will own a $___________ liability insurance
policy for the Premises and will maintain such a policy during the term of this Lease.
The company from whom the insurance is purchased must have a policyholder rating of
at least A- rating by A.M. Best company and have a financial rating of seven (7) or
greater. The Lessor must be listed as “Additionally Insured” on all policies. Certificates
of Insurance indicating such policies are in force shall be provided to Lessor, without
demand, on an annual basis (January 1).
8. Rights and Remedies Cumulative
The rights and remedies under this Lease are cumulative, and either party’s
using any one right or remedy will not preclude or waive that parties right to use any
other. These rights and remedies are in addition to any other rights the parties may
have by law, statute, ordinance, or otherwise.
9. Lessor’s Right to Perform
If Lessee, by failing or neglecting to do or perform any act or thing provided in
this Lease Agreement by it to be done or performed, shall be in default under this Lease
Agreement and such failure shall continue for a period of ______ (number) days after
written notice from Lessor specifying the nature of the act or thing to be done or
performed, then Lessor may, but shall not be required to, do or perform or cause to be
done or performed such act or thing (entering on the Premises for such purposes, if
Lessor shall so elect), and Lessor shall not be held liable or in any way responsible for
any loss, inconvenience, annoyance, or damage resulting to Lessee on account of that
election. Lessee shall repay to Lessor on demand the entire expense incurred on
account of the election, including compensation to the agents and employees of Lessor.
Any act or thing done by Lessor pursuant to the provisions of this Section shall not be
construed as a waiver of any such default by Lessee, or as a waiver of any covenant,
term, or condition contained in this Lease Agreement, or of any other right or remedy of
Lessor, under this Lease Agreement or otherwise. All amounts payable by Lessee to
Lessor under any of the provisions of this Lease Agreement, if not paid when they
become due as in this Lease Agreement provided, shall bear interest from the date they
become due until paid at the rate of _____% per annum, compounded annually.
10. Effect of Lessee’s Holding Over
Any holding over after the expiration of the term of this Lease Agreement, with
the consent of Lessor, shall be construed to be a tenancy from month-to-month, at the
same monthly rental as required to be paid by Lessee for the period immediately prior to
the expiration of the term of this Lease Agreement, and shall otherwise be on the terms
and conditions specified in this Lease Agreement, so far as applicable.
11. Governing Law
This Lease Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of _____________.
12. 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 on either party except to the extent incorporated in this
agreement.
13. Modification of Agreement
Any modification of this Lease Agreement or additional obligation assumed by
either party in connection with this Lease Agreement shall be binding only if evidenced
in a writing signed by each party or an authorized representative of each party.
14. 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.
15. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may
not be assigned or transferred to any other person, firm, corporation, or other entity
without the prior, express, and written consent of the other party.
16. Counterparts
This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
17. Compliance with Laws
In performing under this Agreement, all applicable governmental laws,
regulations, orders, and other rules of duly-constituted authority will be followed and
complied with in all respects by both parties.
18. In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.
_____________________ ____________________
(Name of Lessor) (Name of Lessee)
By___________________________ By___________________________
_____________________ _____________________
(Name and Office in Corporation) (Name and Office in Corporation)
Attach Exhibits
Acknowledgment (form may vary state by state)