CONTRACT FOR THE LEASE OF
REAL ESTATE
This CONTRACT FOR THE LEASE OF REAL ESTATE (hereinafter the
"Agreement") entered into this the ____ day of ______________,
20___ by and between ______________ and
_____________(hereinafter collectively "Lessor") and
______________ (hereinafter "Lessee").
NOW, THEREFORE, FOR AND IN CONSIDERATION OF mutual
covenants and agreements contained herein, and other good and
valuable considerations the receipt and sufficiency of all of
which is hereby acknowledged the parties hereto do hereby
covenant, contract and agree as follows, to-wit:
SECTION 1. CONDITION PRECEDENT. A condition precedent to
this Agreement being effective and enforceable is that Lessee
obtain final approval of a transfer of the ABC retail package
liquor permit currently applicable to the Property from
______________ to Lessee. In the event Lessee is unable to
obtain such approval, this Agreement shall be null and void.
SECTION 2. LEASE OF REAL PROPERTY.
2.1 LEASE. Lessor hereby demises and leases to Lessee
and Lessee hereby takes and rents from Lessor the south end that
certain parcel of real property and building located at
______________, ______________, ______________ County,
______________, and commonly known as ______________ since the
legalization of alcoholic beverages in the State of
______________, being more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference, together
with all improvements, easements, rights, licenses and appurte-
nances used in connection therewith or belonging thereto
(hereinafter the "Property").
2.2 PARKING. Lessor also demises and grants to Lessee
during the existence of this Agreement the exclusive use of two
(2) parking spaces adjacent to the building on the west side
(close front) and the south side area in front of the building
as well as equal use of parking facilities up to fifty (50) feet
west of the building and full access to the driveways on the
west side of the building from ______________ and the north side
of the building on ______________. Lessor shall have control of
non-customer parking and will take reasonable actions to
prohibit and prevent same.2.3 TERM. The initial term of the Lease shall begin on
the ______________ day of ______________, 20___ and shall
terminate on the ______________ day of ______________, 20_____.
Lessee shall have the option to renew this Agreement at the end
of the initial term for an additional term of ___ (_) years on
the same terms and conditions set forth herein by giving Lessor
notice of his intent to renew for the additional term at least
ninety (90) days prior to the expiration of the initial term. 2.4 RENT. During the initial term and any additional
term of the Lease, Lessee shall pay unto Lessor the sum of Five
Hundred Twenty-five and no/100 Dollars ($525.00) per month as
rent for the Property. The monthly rental shall be due on the
1st of the month and if not paid by the 10th day of such month,
there shall be a late charge of $25.00 due for such month. If
this Lease shall begin on any day other than the first day of a
month or terminate on any day other than the last day of a
month, then the rent due under this agreement for such month
shall be calculated on a pro rata basis. 2.5 USE OF PREMISES. The Property and improvements
thereon are hereby Leased for use as a retail package liquor
store. Lessee agrees not to use or permit the use of the
Property for illegal purposes. An auction, fire or going out of
business or bankruptcy sale, may not be conducted in the
Property without prior written consent of Lessor. Lessee shall
not permit (a) overnight lodging in the Property, or (b) the
solicitation of business by hand bills in the parking areas.2.6 REPAIRS.
(A) Lessor's Repairs: Lessor shall be solely
responsible for maintaining the roof, foundation and exterior of
the building and all parking areas in good repair for their
intended use. (B) Other Repairs: All repairs, maintenance,
replacement or reconstruction to the interior of the portion of
the building leased by Lessee, including but not limited to
replacement of glass doors and windows and repair of the
plumbing, are to be made by Lessee at Lessee's expense. If
Lessee fails to make such repairs or replacements promptly or
within fifteen (15) days of occurrence, Lessor may, at its
option, make such repairs or replacements and Lessee shall repay
the costs thereof to Lessor on demand.2.7 UTILITIES. Lessee agrees to maintain, repair, and
pay for all water, fuel, gas, oil, heat, electricity, power,
materials and services which may be furnished to it or used by
it in or about the Property.2.8 TAXES. Lessor shall pay all real property taxes
levied on the Property during the term of this Lease and Lessee
shall be responsible for all taxes on the personal property used
in his business.
2.9 ALTERATIONS, TRADE FIXTURES, FINANCING. Lessee
shall have the right to make such alterations and improvements
to the Property as it deems necessary or desirable upon giving
written notice of same to Lessor. Such alterations and
improvements shall comply with all applicable construction laws
and regulations and shall conform generally with the existing
improvements on the Property. The Lessee shall keep the
Property free from any and all liens arising out of the work
performed or materials furnished in making such improvements.2.10 ASSIGNMENT AND SUBLEASING. Lessee shall not have
the right to assign this Lease nor sublet the Property in whole
or in part without first procuring the written consent of the
Lessor, which consent shall not be unreasonably withheld. After
any consent to assignment or sublease, Lessee shall remain fully
liable for payment of rent and other covenants and obligations
of the Lessee herein contained.2.11 NUISANCES. Lessee shall promptly comply with all
of the ordinances of the City of ______________, ______________,
or of any other governmental body applicable for said premises
and to all ordinances and requirements enforced by the state
board of health, sanitary, fire or police departments of the
City of ______________ for the correction, prevention and
abatement of nuisances in and about or connected with the
Property because of Lessee's use thereof during the term of this
Agreement, all at Lessee's expense. Lessee shall provide for
the removal of its own trash, waste paper, boxes and cartons and
shall not permit any accumulation of such materials. Lessee
shall not engage in any act which shall constitute a nuisance.
2.12 ENTRY AND INSPECTION. Lessee shall permit Lessor
and his agents to enter the Property at all reasonable times for
any of the following purposes to inspect the same: (i) to
maintain the building in which the said premises are located,
(ii) to make repairs to the Property as the Lessor is obligated
or may elect to make, and (iii) to post notices of non-
responsibility for alterations or additions or repairs.2.13 NO COMPETITORS. Lessor shall lease, rent or
otherwise demise any part of the building which it owns to any
person or entity which competes or intends to compete with
Lessee, nor shall it construct any other building on the
property and allow any person or entity which competes, or
intend to compete with Lessee to occupy any space therein.
Lessor agrees to provide a provision which prohibits such
competition in its leases with other Tenant's in the buildings.2.14 REMOVAL OF EQUIPMENT AND FURNISHINGS. Lessor agrees
that Lessee shall have the right, at any time, including upon
termination, to remove all equipment and furnishings which
Lessee owns, including but not limited the following:
SECTION 3. DEFAULT. If either party defaults in
compliance with any term, covenant, representation or warranty
on their part herein contained, the non-defaulting party shall
give the defaulting party ten (10) days written notice to cure
the default. If the defaulting party, prior to the expiration
date of the notice, has neither cured the default nor given the
non-defaulting party adequate security for the remedy thereof,
then the non-defaulting party may, at its option, terminate this
Agreement and take any other such action available in law or
equity and as the non-defaulting party deems appropriate to
remedy or compensate it for the defaulting party's breach or default.
SECTION 4. INDEMNITY AND INSURANCE.
(A) Indemnity. Lessor and Lessee shall indemnify and
save harmless the other from any and all losses, fines, suits,
damages, expenses, claims, demands and actions of any kind
resulting from their negligence, breach, or violation or non-
performance of any condition hereof. The parties agree to seek
recovery under this Section 4(A) only if the losses suffered are
not covered by the policies of insurance provided in 4(B) below
and payment is not made under said policies.(B) Insurance: Lessee shall, during the entire term of
the Lease keep in full force and effect a policy of public
liability insurance with respect to the Property and the
business operated by Lessee in the Property and which the limits
of general liability shall be in the amount of Five Hundred
Thousand Dollars ($500,000.00) combined single limit, naming
Lessor as additional insured. Such coverage shall include a
broad form general liability endorsement. The policy shall
contain a clause that the Lessee will not cancel or change the
insurance without first giving the Lessor ten (10) days prior
written notice.Lessor shall during the term hereof, at it's sole expense,
provide and keep in force insurance on the building against loss
or damage by fire and extended coverage, in an amount equal to
one hundred percent (100%) of the full insurable value thereof,
which insurance shall be placed with an insurance company or
companies approved by Lessor and licensed to do business in the
State of ______________. The term "full insurable value" shall
mean actual replacement value of the building (exclusive of
costs of excavation, foundations and footing below ground
level). The insurance required under this paragraph shall be
carried in the name of the Lessor and Lessee and shall provide
that any proceeds thereunder shall be paid to Lessor and Lessee
and any applicable mortgage holder, according to their
respective interests.
Duplicate originals or certificates of insurance of the
policies provided shall be furnished by Lessor and Lessee to
each other and shall contain an agreement by the insurer that
such policy or policies shall not be canceled without at least
ten (10) days prior notice to the Lessor and Lessee.
SECTION 5. WAIVER OF SUBROGATION.
Lessor and Lessee covenant and agree that all policies of
insurance carried by either of them upon the Property or the
building of which the Property are located, or the contents,
furniture, furnishings, fixtures and other property located
therein, or business interruption or loss of rentals, shall
include both the Lessor and Lessee as insureds and shall also
include a clause or endorsement whereby the insureds waive all
rights of subrogation against the other. No waiver of
subrogation is required for liability policies; however, both
the Lessor and Lessee shall be named as insureds. If such
waiver can be secured only by the payment of an additional
premium, the party benefitted thereby shall have the option of
paying such additional premium or waiving his right to such protection.
SECTION 6. DESTRUCTION OF PREMISES.If Property,
including improvements thereon, are injured by fire or other
casualty, Lessee shall have the exclusive right and option to
either terminate this Agreement or reconstruct and/or repair the
said damaged improvements and continue this Lease under its
terms and conditions as if no such casualty occurred by giving
written notice to Lessor of Lessee's intention to so continue
this Lease within thirty (30) days after the date of said damage
or casualty. In the event that Lessee so elects to continue
this Lease, any insurance proceeds payable as a result of said
fire or casualty shall be first applied to pay the
reconstruction or repair of said improvements, and any balance
of such insurance proceeds after payment of said reconstruction
or repair shall be paid to whoever owns the insurance policy
under which payment is made.
SECTION 7. CONDEMNATION. If, during the term of this
Agreement, the Property shall be taken or condemned, either in
whole or part, by competent authorities for public or quasi-
public use, Lessee shall have the option to terminate this
Agreement as of the date of taking. If Lessee elects not to
terminate this Agreement, then this Agreement shall continue in
full force and effect.
SECTION 8. RELATIONSHIP OF PARTIES.
It is understood and agreed that the relationship of the
parties hereto is strictly that of Lessor and Lessee and that
the Lessor has no ownership in the Lessee's enterprise and the
Agreement shall not be construed as a joint venture or
partnership. The Lessee is not and shall not be deemed to be an
agent or representative of the Lessor.
SECTION 9. AGREEMENT BINDING ON ASSIGNS.
All covenants, conditions and agreements and undertakings
contained in this Agreement shall extend to and be binding on
the respective heirs, successors and assigns of the respective
parties hereto the same as if they were in every case named and expressed. SECTION 10. ATTORNEY'S FEES. It is further
understood and agreed by and between the Lessor and Lessee that,
on account of breach or default by either party of any of their
obligations hereunder, it shall become necessary for the other
party to employ and/or consult with an attorney to give advice,
or to enforce or demand any of either party's rights or remedies
hereunder, then, and in any such event, the defaulting or
breaching party shall pay all attorney fees, court costs and
other expenses occasioned by such default(s) or breach(es).
SECTION 11. NOTICES.Until further written notice to
Lessee, all rent checks and all notices from Lessee to Lessor
shall be served or sent to:
__________________________________________________________________
Until further written notice to Lessor, all notices from
Lessor to Lessee shall be served or sent to Lessee at the
following address:
_______________________ ______________________________________________
All notices to be given under this Agreement shall be in
writing and shall be served personally or sent by United States
certified or registered mail.
SECTION 12. ENTIRE AGREEMENT . This Agreement contains all
of the agreements and conditions made between the parties hereto
and may not be modified orally or in any other manner other than
by agreement in writing signed by all parties hereto or their
respective successors in interest.
SECTION 13. PARTIAL INVALIDITY. If any section, paragraph,
sentence or portion of this Agreement or the application thereof
to any party or circumstance shall, to any extent, be or become
invalid or illegal, such provision is and shall be null and
void, but, to the extent that said null and void provisions do
not materially change the overall agreement and intent of this
entire agreement, the remainder of this Agreement shall not be
affected thereby and each remaining provision of this Agreement
shall be valid and enforceable to the fullest extent provided by law.
SECTION 14. GOVERNING LAW. This Agreement shall be governed
by and construed in accordance with the laws of the State of ______________.
SECTION 15. LEAD-BASED PAINT DISCLOSURE. HOUSING BUILT
BEFORE 1978 MAY CONTAIN LEAD-BASED PAINT. LEAD FROM PAINT, PAINT
CHIPS, AND DUST CAN POSE HEALTH HAZARDS IF NOT MANAGED PROPERLY.
LEAD EXPOSURE IS ESPECIALLY HARMFUL TO YOUNG CHILDREN AND
PREGNANT WOMEN. BEFORE RENTING PRE-1978 HOUSING, LESSORS MUST
DISCLOSE THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-
BASED PAINT HAZARDS IN THE DWELLING. LEASES MUST ALSO RECEIVED A
FEDERALLY APPROVED PAMPHLET ON LEAD POISONING PREVENTION.
Landlord states as follows: [Landlord check one]
The leased premises was constructed in 1978 or later.
The leased premises was constructed prior to 1978. Landlord
has conformed with all federal requirements regarding lead-based
paint disclosure including the completion and mutual signing
with Tenant and any agents, of the Lead-Based Paint Disclosure
Form attached hereto and incorporated into this lease as a part
hereof. All associated information required by the Disclosure
form (if any) was furnished to Tenant, and Tenant received the
EPA pamphlet “ Protect Your Family from Lead in Your Home. ”
WITNESS THE SIGNATURES of the parties hereto on this the
____
day of ______________, 20_____.
Lessor: __________________________ ______________ __________________________ ______________ Lessee: __________________________ ______________
STATE OF ______________
COUNTY OF ______________ PERSONALLY came and appeared before me, the undersigned in
and for the jurisdiction aforesaid, the within named
______________ in the above and foregoing instrument of writing,
who acknowledged to me that he signed and delivered the above
foregoing instrument of writing on the day and in the year and
for the purposes therein mentioned.
GIVEN under my hand and official seal of office on this the
_____ day of __________________, 20____.
__________________________
NOTARY PUBLIC
My Commission Expires: ______________________
STATE OF ______________
COUNTY OF ______________PERSONALLY came and appeared before me, the undersigned in
and for the jurisdiction aforesaid, the within named
______________ in the above and foregoing instrument of writing,
who acknowledged to me that she signed and delivered the above
foregoing instrument of writing on the day and in the year and
for the purposes therein mentioned.
GIVEN under my hand and official seal of office on this the
_____ day of __________________, 20_______.
__________________________ NOTARY PUBLIC
My Commission Expires:______________________
STATE OF ______________
COUNTY OF ______________PERSONALLY came and appeared before me, the undersigned in
and for the jurisdiction aforesaid, the within named
______________ in the above and foregoing instrument of writing,
who acknowledged to me that he signed and delivered the above
foregoing instrument of writing on the day and in the year and
for the purposes therein mentioned. GIVEN under my hand and official seal of office on this the
_____ day of __________________, 20_____.
__________________________ NOTARY PUBLIC
My Commission Expires: ______________________
THIS IS A SEPARATE INSTRUCTION PAGE REGARDING LEAD-BASED PAINT DISCLOSURE
THIS PAGE IS NOT PART OF THE LEASE. IT IS PROVIDED BY USLF
TO AID THE LANDLORD IN COMPLYING WITH FEDERAL LEAD-BASED
PAINT DISCLOSURE LAW, FOR DWELLING UNITS BUILT PRIOR TO 1978.
* * *
IMPORTANT!!!
NOTES CONCERNING LEAD-PAINT DISCLOSURE REQUIREMENTS
Introduction: If the rental dwelling unit was constructed PRIOR TO 1978, federal law REQUIRES a Lea d-Based Paint
Disclosure Form to be attached to the lease, completed and signed by the lessor/landlord and lessee/tenant. If the rental
dwelling was constructed in 1978 or later, this form is not required. If in doubt about the tim ing of construction, use the
disclosure form. Whenever the form is used, the landlord must also give the tenant the EPA lead-based paint pamphlet
discussed below. Landlords must retain a copy of the signed disclosure form for no less than three yea rs from the date the
lease begins.
Background: To protect families from exposure to lead from paint, dust, and soil, Congress passed the Re sidential Lead-
Based Paint Hazard Reduction Act of 1992. HUD and EPA require the disclosure of known informati on on lead-based
paint and related hazards before the lease of most housing built before 1978.
Requirements: Before the lease is signed and agreed to, landlords must fully comply with lead-paint disclosure law.
Compliance is accomplished by:
(1) Fully completing and delivering to the tenants, as an attachment to the lease, the LEAD-BASED PAINT DISCL OSURE
form (the lessees/renters also initial and sign this form), and
(2) Giving the tenants the EPA pamphlet entitled "Protect Your Family From Lead In Your Home." (See the download link
for the pamphlet, below.)
Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure Form, you can easily do so using
USLF.
http://www.uslegalforms.com/lead-paint-disclosure-forms.htm Click this link (or copy it into the address window of
you internet browser) and select your state. Two forms will be accessed. You want the “LEAD2” form, for rental
transactions (not the “LEAD1” form for sales). Click the “Information and Preview” link for more info on the form, and
then order the form.
The Free EPA Pamphlet: The landlord must give the tenants the EPA-approved information pamphlet on identifying and
controlling lead-based paint hazards entitled "Protect Your Family From Lead In Your Home." You may obtain and print
this pamphlet free by clicking the following download link (or copying the link into the address window of your internet
browser):
http://www.hud.gov/offices/lead/outreach/leapame.pdf
The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely circumstanc e
that the Adobe Acrobat Reader is not installed on your computer, you can download it free from
http://www.adobe.com/products/acrobat/readstep2.html . The download is quick and easy.
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