Fill and Sign the Non Permanent Structure Form

Ground Lease for Land on which Cabin is Built as a Non-Permanent Structure Ground Lease Agreement made on the ___ day of __________, 20___, between _______________________ of ______________________________________________ (street address, city, county, state, zip code) , referred to herein as Lessee , 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 Lessor. 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: I. Demise, Description, and Use of Premises Lessor leases to Lessee and Lessee leases from Lessor, certain real property situated at ______________________________________________ (street address, city, county, state, zip code) , on which a cabin is located, said real property being more particularly described in Exhibit A attached to and made a part of this Agreement. As used in this Agreement, the term Premises refers to the real property above described and to any improvements located on the real property from time to time during the term of this Agreement. II. Term The initial term of this Lease Agreement shall be for _________ years, commencing on the ____ day of ____________, 20___, and ending on the ____ day of ____________, 20___. 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. III. Rent The total rent for the initial term shall be $_________, which Lessee shall pay to Lessor, without deduction or offset, at the place or places as may be designated from time to time by Lessor, in installments as follows: (payment schedule) . ________________________________________________________________________ ________________________________________________________________________ IV. Warranties of Title and Quiet Possession Lessor covenants that Lessor is seized of the Premises in fee simple and has full right to make and enter into this Lease Agreement and that Lessee shall have quiet and peaceable possession of the Premises during the term of this Lease Agreement. V. Prohibited Uses Lessee shall not use, or permit the Premises , or any part of the Premises , to be used, in such a way as to cause a cancellation of any insurance policy covering the building located on the Premises , or any part of such building, nor shall Lessee sell, or permit to be kept, used, or sold, in or about the Premises , any article that may be 1 prohibited by the standard form of fire insurance policies. Lessee shall, at its sole cost, comply with all requirements, pertaining to the Premises , of any insurance organization or company, necessary for the maintenance of insurance, as provided in this Agreement, covering any building and appurtenances at any time located on the Premises. VI. Waste and Nuisance Prohibited During the term of this Lease Agreement, Lessee shall comply with all applicable laws affecting the Premises , the breach of which might result in any penalty on Lessor. Lessee shall not commit, or suffer to be committed, any waste on the Premises , or any nuisance. VII. Abandonment of Premises Lessee shall not vacate or abandon the Premises at any time during the term of this Lease Agreement. If Lessee abandons, vacates, or surrenders the Premises, or is dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the Premises shall be deemed to be abandoned, at the option of Lessor. VIII. Lessor’s Right of Entry Lessee shall permit Lessor and the agents and employees of Lessor to enter into and on the Premises at all reasonable times for the purpose of inspecting the Premises. Lessee shall permit Lessor and its agents and employees, at any time within _____months prior to the expiration of this Lease Agreement, to place on the Premises any usual or ordinary To Let or To Lease signs and exhibit the Premises to prospective tenants at reasonable hours. IX. Subletting and Assignment Lessee may not sublet the Premises in whole or in part without Lessor's consent. Lessee shall not assign or transfer this Agreement, or any interest in this Lease Agreement, without the prior, express, and written consent of Lessor. Any assignment without consent shall be void, and shall, at the option of Lessor, terminate this Agreement. Neither this Lease Agreement nor the leasehold estate of Lessee nor any interest of Lessee under this Lease Agreement in the Premises or any buildings or improvements on the Premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatever. Any such attempted involuntary assignment, transfer, or sale shall be void and of no effect and shall, at the option of Lessor, terminate this Agreement. X. Notices A. All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: To Lessor: (address of Lessor ); _______________________ _______________________ 2 To Lessee: (address of Lessee). _______________________ _______________________ B. The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. XI. Taxes and Assessments Lessee shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatever, including all governmental charges of whatever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien or charge on or against the Premises, or any part of the Premises. Lessee shall obtain and deliver receipts or duplicate receipts for all taxes, assessments, and other items required under this Lease Agreement to be paid by Lessee, promptly on payment of any such taxes, assessments, and other items. XI. Repairs and Destruction of Improvements A. Maintenance of improvements. Lessee shall, throughout the term of this Lease Agreement, at its own cost, and without any expense to Lessor, keep and maintain the premises, including all buildings and improvements of every kind that may be a part of the Premises, and all appurtenances to the Premises, in good, sanitary, and neat order, condition and repair, and restore and rehabilitate any improvements of any kind that may be destroyed or damaged by fire, casualty, or any other cause whatever. B. No obligation by Lessor to make improvements. Lessor shall not be obligated to make any repairs, replacements, or renewals, of any kind, nature, or description, to the Premises or any buildings or improvements on the Premises. C. Lessee's compliance with laws. Lessee shall also comply with and abide by all federal, state, county, municipal, and other governmental statutes, ordinances, laws, and regulations affecting the Premises, the improvements on or any activity or condition on or in the Premises. D. Damage to and destruction of improvements. The damage, destruction, or partial destruction of any building or other improvement that is a part of the Premises shall not release Lessee from any obligation under this Agreement. XII. Utilities Lessee shall fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the Premises 3 throughout the term of this Agreement, and all other costs and expenses of every kind whatever of or in connection with the use, operation, and maintenance of the Premises and all activities conducted on the Premises, and Lessor shall have no responsibility of any kind for any such utilities. XIII. Liens Lessee's duty to keep Premises free of liens. Lessee shall keep all and every part of the Premises and all buildings and other improvements at any time located on the Premises free and clear of any and all mechanics', material suppliers', and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of Lessee, any alteration, improvement, or repairs or additions that Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the Premises, or any obligations of any kind incurred by Lessee, and at all times promptly and fully to pay and discharge any and all claims on which any such lien may or could be based, and to indemnify Lessor and all of the Premises and all buildings and improvements on the Premises from and against any and all such liens and claims of liens and suits or other proceedings pertaining to the Premises. XIV. Indemnification of Lessor Lessor shall not be liable for any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by Lessee or by any person who may at any time be using or occupying or visiting the Premises or be in, on, or about the Premises , whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the Premises , or shall result from or be caused by any other matter or thing whether of the same kind as, or of a different kind than, the matters or things above set forth. Lessee shall indemnify Lessor against any and all claims, liability, loss, or damage whatever on account of any such loss, injury, death, or damage. Lessee waives all claims against Lessor for damages to the building and improvements that are now on or later placed or built on the Premises and to the property of Lessee in, on, or about the Premises , and for injuries to persons or property in or about the Premises , from any cause arising at any time. XV. Attorney’s Fees If any action at law or in equity shall be brought to recover any rent under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Agreement, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorney's fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XVI. Redelivery of Premises Lessee shall pay the rent and all other sums required to be paid by Lessee under this Agreement in the amounts, at the times, and in the manner provided in this Agreement, and shall keep and perform all the terms and conditions on its part to be kept 4 and performed. At the expiration or earlier termination of this Agreement, Lessee shall peaceably and quietly quit and surrender to Lessor the Premises in good order and condition subject to the other provisions of this Agreement. In the event of the nonperformance by Lessee of any of the covenants of Lessee undertaken in this Agreement, this Agreement may be terminated as provided in this instrument. XVII. Remedies Cumulative All remedies conferred on Lessor in this Agreement shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. XVIII. Insurance A. Insurance coverage of premises. Lessee shall, at all times during the term of this Agreement and at Lessee's sole expense, keep all improvements that are now or later a part of the Premises insured against loss or damage by fire and the extended coverage hazards for the full replacement value of the improvements, with loss payable to Lessor and Lessee as their interests may appear. Any loss adjustment shall require the written consent of both Lessor and Lessee. B. Personal injury liability insurance. Lessee shall maintain in effect throughout the term of this Lease Agreement personal injury liability insurance covering the Premises in the amount of not less than $ ____________ for injury to or death of any one person, and $ ____________ for injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of $ ____________. Such insurance shall specifically insure Lessee against all liability assumed by it under this Lease Agreement, as well as liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for Lessor and Lessee. C. Lessor's right to pay premiums on behalf of Lessee. All of the policies of insurance referred to in this Section shall be written in a form satisfactory to lessor and by insurance companies satisfactory to Lessor. Lessee shall pay all of the premiums for insurance and deliver policies, or certificates of policies, to Lessor. In the event of the failure of Lessee, either to effect insurance in the names called for in this Lease Agreement or to pay the premiums for the insurance or to deliver the policies, or certificates of the policies, to Lessor, Lessor shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums for the insurance, which premiums shall be repayable to Lessor with the next installment of rental. Failure to repay the same shall carry with it the same consequence as failure to pay any installment of rental. Each insurer mentioned in this Section shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Lessor, that it will give to Lessor ___________ days' written notice before the policy or policies in question shall be altered or canceled. Lessor agrees that it will not unreasonably withhold its approval as to the form or to the insurance companies selected by Lessee. 5 XIX. Notice of Default Lessee shall not be deemed to be in default under this Lease Agreement in the payment of rent or the payment of any other moneys as required or in the furnishing of any insurance policy when required in this Agreement unless Lessor shall first give to Lessee ______________ days' written notice of the default and Lessee fails to cure the default within said period. XX. Default In the event of any breach of this Lease Agreement by Lessee, Lessor, in addition to the other rights or remedies it may have, shall have the immediate right of reentry and may remove all persons and property from the Premises. The property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Lessee. Should Lessor elect to reenter, as provided in this Lease Agreement, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may either terminate this Lease Agreement or it may from time to time, without terminating this Agreement, relet the Premises or any part of the Premises for such term or terms and at such rental or rentals and on such other terms and conditions as Lessor in the sole discretion of Lessor may deem advisable with the right to make alterations and repairs to the Premises. XXI. 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 Agreement and such failure shall continue for a period of ____________ 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. XXII. Waiver The waiver by Lessor of, or the failure of Lessor to take action with respect to, any breach of any term, covenant, or condition contained in this Lease Agreement shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition contained in this Agreement. XXIII. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the S tate of ___________________. XXIV. Entire Agreement This Agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. 6 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. Modification of Agreement Any modification of this 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___________________________ Lessee _____________________________ (Name and Office in Corporation) Acknowledgement before Notary Public (Form may vary by state). 7