Fill and Sign the Sample Lease Agreement Churchthe Episcopal Diocese of Newark Form

Lease Agreement with Main Street Community Church Page 1 of 5 Lease Agreement with Main Street Community Church Lease Agreement with , a nonprofit corporation (Name of Church) organized and existing under the laws of the state of , with its principal (Name of State) office located at , referred to herein as Lessee, (Street Address, City, County, State, Zip Code) and , a corporation organized and existing under the (Name of Lessor) laws of the state of , with its principal office located at (Name of State) , referred to herein as Lessor. (Street Address, City, County, State, Zip Code) 1. Premises. The Lessor does hereby lease to the Lessee and the Lessee does hereby rent from the Lessor, the Premises described in Exhibit A attached hereto. Subject to Paragraph 5 the subject Premises shall not include the Parsonage until the provisions of Paragraph 5 are satisfied. 2. Term. This Lease is for a term of years commencing on , and (Number) (Date) ending on . (Date) 3. Use. The Premises shall be used and occupied by Lessee exclusively as a private single- family residence. Neither the Premises nor any part of the Premises shall be used at any time during the term of this Lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family residence. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected to the demised Premises, during the term of this Lease. 4. Rent. Lessee agrees to pay rent at the rate of $ per month, due on the first day of each month. The first payment of rent and any security deposit is due upon the signing of the Lease by the Lessee. The Lessee must pay a late charge of $ as additional rent for each payment that is more than ten (10) days late. This late charge is due with the monthly rent payment. The Lessee must also pay a fee of $25.00 as additional rent for any dishonored check. The Lessee shall make a security deposit of $ . 5. Use of the Parsonage. The Parsonage located on the Premises described in Paragraph 1 shall not be available for the use of the Lessee as long as the current Pastor remains in possession. Upon the termination of the use of the Parsonage by the current Pastor, Lessee may Lease Agreement with Main Street Community Church Page 2 of 5 use the Parsonage on the same terms and conditions as set forth in this Lease. Use of the property shall be in accordance with the provision of Paragraph 4. 6. Repairs and Care. Lessee has examined the Premises and has entered into this Lease without any representation on the part of the Lessor as to the condition thereof. The Lessee shall take good care of the Premises and shall at the Lessee’s own cost and expense, make all repairs, including painting, decorating, and shall maintain the Premises in good condition and state of repair, and at the end or other expiration of the term hereof, shall deliver up the rented Premises in good order and condition, wear and tear from a reasonable use thereof, and damage by the elements not resulting from the neglect or fault of the Lessee, excepted. The Lessee shall neither encumber nor obstruct the sidewalks, walkways, driveways, yards, entrances, hallways and stairs, but shall keep and maintain the same in a clean condition, free from debris, trash, refuse, snow and ice. All repairs in excess of $ shall be approved by the Lessor and Chief Financial Officer. Lessee shall be responsible for all operating expenses for the subject property together with all utilities and operating costs, costs of snow removal, lawn care, cleaning and maintenance. 7. Alterations and Improvements. No alterations, additions or improvements shall be made, and no climate regulating, air conditioning, cooling, heating or sprinkler systems, television or radio antennas, heavy equipment, apparatus and fixtures, shall be installed in or attached to the Leased Premises, without the written consent of the Lessor. Unless otherwise provided herein, all such alterations, additions or improvements when made, installed in or attached to the said Premises, shall belong to and become the property of the Lessor and shall be surrendered with the Premises and as part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation or injury. 8. Compliance with Laws etc. Lessee shall promptly comply with all laws, ordinances, rules, regulations, requirements and directives of all governmental authorities, applicable to and affecting the said Premises, their use and occupancy, and shall promptly comply with all orders, regulations requirements and directives of the City or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Premises and its contents, for the prevention of fire or other casualty, damage or injury, at the Lessee’s own cost and expense. Lessee shall be responsible for the installation and maintenance of all smoke alarms, fire alarms, extinguishers as required by local and state fire codes and insurance regulations. 9. Assignment and Subleasing. Lessee shall not assign its rights and duties under this Lease Agreement or sublease any part of the Premises without the prior, express, and written consent of Lessor. The approval of any sublease by Lessor shall not relieve Lessee of liability for the performance of all the terms and conditions of this Lease Agreement. 10. Liability Insurance. The Lessee, at Lessee’s own cost and expense, shall obtain or provide and keep in full force for the benefit of the Lessor, and acceptable to Lessor in its sole discretion, during the term hereof, liability insurance including both property damage and general liability coverage insuring the Lessor against any and all liability or claims of liabil ity arising out of, occasioned by or resulting from any accident or otherwise in or about the leased Premises for injuries to any persons, for limits of not less than $250,000 for property damage, $500,000 for injuries to one person and $1,000,000 for injuries to more than one person in any Lease Agreement with Main Street Community Church Page 3 of 5 accident or occurrence. The insurance policies shall be with companies authorized to do business in this State and shall be delivered to the Lessor, together with proof of payment, not less than fifteen (15) days prior to the commencement of the term hereof or of the date when the Lessee shall enter in possession, whichever occurs sooner. At least fifteen days prior to the expiration or termination date of any policy, the Lessee shall deliver a renewal or replacement policy with proof of the payment of the premium therefore. 11. Indemnification. The Lessee also agrees to and shall hold harmless and indemnify the Lessor from and for any and all payments, expenses, costs, attorneys and fees (including attorney fees incurred in enforcing the Lessee’s obligation under this Paragraph 11) and from and for any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the Lessee or the Lessee’s agents, employees, guests, licenses, invitees, sublessees, assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the occupancy or business of the Lessee, even if such damage or injury is allegedly caused or contributed to by any act or omission of the Lessor. 12. If the demised premises, or any part of the demised premises, shall be partially damaged by fire or other casualty not due to lessee's negligence or willful act or that of lessee's employee, family, agent, or visitor, the premises shall be promptly repaired by lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable. However, if the leased premises should be damaged other than by lessee's negligence or willful act or that of lessee's employee, family, agent, or visitor to the extent that lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 13. Reimbursement of Lessor . If the Lessee shall fail or refuse to comply with any of the terms and conditions of this Lease, the Lessor may carry out and perform such conditions at the cost and expense of the Lessee, which amounts shall be payable on demand to the Lessor. This remedy shall be in addition to such other remedies as the Lessor may have by reason of the breach by the Lessee of any of the terms and conditions of this Lease. 14. Increase of Insurance Rates. If for any reason it shall be impossible to obtain fire and other hazard insurance on the buildings and improvements on the leased Premises, in an amount and in the form and in insurance companies acceptable to the Lessor, the Lessor may, at any time, terminate this Lease, upon giving to the Lessee fifteen (15) days’ notice in writing of the Lessor’s intention so to do. Upon the giving of such notice, this Lease shall terminate. If by reason of the use to which the Premises are put by the Lessee or character of or the manner in which the Lessee’s business is carried on, the insurance rates for fire and other hazards shall be increased, the Lessee shall upon demand, pay to the Lessor, as rent, the amounts by which the premiums for such insurance are increased. 15. Inspection and Repair . The Lessee agrees that the Lessor and the Lessor’s agents, employees or other representatives, shall have the right to enter into and upon the said Premises or any part thereof, at all hours, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. This clause shall not be deemed to be a covenant by the Lessor nor be construed to create an obligation on the part of the Lessor to make such inspection or repairs. Lease Agreement with Main Street Community Church Page 4 of 5 16. Events of Default; Remedies upon Lessee’s Default. If there should occur any default on the part of the Lessee in the performance of any conditions and covenants herein contained, or if during the term hereof the Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Lessee be evicted, the Lessor, in addition to any other remedies herein contained or as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefore, or for damages, re-enter, possess and enjoy the said Premises. The Lessor may then re-let the Premises and receive the rents therefore and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Lessor may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Lessee shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Lessor, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Lessor during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month 17. Termination on Default. If an Event of Default occurs, the Lessor may, at any time thereafter, terminate this Lease and the term hereof, upon giving to the Lessee, five (5) days’ notice in writing, of the Lessor’s intention so to do. Upon the giving of such notice, this Lease and the term hereof shall end on the date fixed in such notice as if the said date was the date originally fixed in this Lease for the expiration hereof; and the Lessor shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise, without liability for damage. 18. Title and Quiet Enjoyment. The Lessor covenants and represents that the Lessor is the owner of the Premises herein leased and has the right and authority to enter into, execute and deliver this Lease; and does further covenant that the Lessee on paying the rent and performing the conditions and covenants herein contained, shall and may peaceably and quietly have, hold and enjoy the leased Premises for the term aforementioned. 19. Liens. If any construction or other liens shall be created or filed against the Leased Premises by reason of labor performed or materials furnished for the Lessee in the erection, construction, completion, alteration, repair or addition to any building or improvement, the Lessee shall upon demand, at the Lessee’s own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any lien claims that may have been filed. Failure so to do, shall entitle the Lessor to resort to such remedies as are provided herein in the case of any default of this Lease, in addition to such as are permitted by law. 20. Liability for Property Taxes. Lessee shall be liable for any property taxes assessed against the Premises by state or municipal taxing authorities as a result of the use of the Premises by Lessee. 21. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and Lease Agreement with Main Street Community Church Page 5 of 5 effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 22. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 23. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of . (Name of State) 24. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 25. Attorney’s Fees. In the event that any lawsuit is filed in relation to this 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 successful party's attorney fees. 26. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 28. 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 placed in writing and signed by each party or an authorized representative of each party. WITNESS our signatures this the day of , 20 . _______________________ _______________________ (Signature of Lessor) (Signature of Lessee) (Printed Name of Lessor) (Printed Name of Lessee)