Report mss- 09 6
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement ") made and entered into this day of
-C , 20 0 2, by and between N16t '► . � �GVC I pY1iCn t
whose ad ress is (2155 ' 1961'I14 1"o (hereinafter referred to as "Lessor ")
and • - v'r- (a Fail (hereinafter referred to as "Lessee ").
WITNESSETH:. : ;,. _�
t. REAS Lessor is, the fee owner of certain real property being, lying ar}d, situate in 4>, ft c f - a
WHEREAS; Lessor is desirous', of leasing the Premises to Lessee upon the terms and conditions as contained herein; and
• WHEREAS, Lessee is desirous of leasing the Premises from Lessor on the terms and conditions as contained herein;
• NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS 010.00), the covenants : and obligations
contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follow$:
1. TERM. Lessor leases to Lessee and Lessee leases from Lessor the above described Premises t9gether with any and all
appurtenances ther* for a term of •. - , • • - g • rVtM " , , ` `�"'
2. RENT. ' ' The total rent for the term hereof is the sum of 1 DOLLARS
($ 1A ) payable on the 1<-" day of each month of the term, in equal installments of
.,
DOLLARS ($ - ) f °°• ,•= :.-
llment-te-be- paid -on . All such payments shall be
made to Les at Lessor's address as set forth in the preamble to this Agreement on or before the due date and without
demand.
3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Lessee shall deposit with Lessor the sum of
DOLLARS ($ ) receipt of which is hereby acknowledged by Lessor, as security
0\i\ for any damage caused to the. Premises during the term hereof. Such deposit shall be returned to Lessee, without interest, and
less any set off for damages to the Premises upon the termination of this Agreement.
4. USE OF PREMISES. The Premises shall be used and occupied by Lessee and Lessee's immediate family, consisting S-kve — , exclusively, as a private single family
dwelling, and no part of the Premises shall be used at any time during the term of this Agreement 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
dwelling. Lessee shall not allow any other person, other than Lessee's immediate family or transient relatives and friends
who are guests of Lessee, to use or occupy the Premises without first obtaining Lessor's written consent to such use. Lessee
shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi - governmental
authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
5. CONDITION OF PREMISES. Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that
they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.
6. ASSIGNMENT AND SUB - LETTING. Lessee shall not assign this Agreement, or sub -let or grant any license to use the
Premises or any part thereof without the prior written consent of Lessor. A consent by Lessor to one such assignment, sub-
letting or license shall not be deemed to be a consent to any subsequent assignment, sub - letting or license. An assignment,
sub- letting or license without the prior written consent of Lessor or an assignment or sub - letting by operation of law shall be
absolutely null and void and shall, at Lessor's option, terminate this Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations to the buildings or improvements on the
Premises or construct any building or make any other improvements on the Premises without the prior written consent of
Lessor. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Lessee shall,
unless other ? e provided by written agreement between Lessor and Lessee, be and become the property of Lessor and
'1'r
remain on th einises at the expiration or earlier termination of this Agreement.
8. NON - DELIVERY OF POSSESSION. In the event Lessor cannot deliver possession of the Premises to Lessee upon the
commencement of the Lease term, through no fault of Lessor or its agents, then Lessor or its agents shall have no liability,
but the rental herein provided shall abate until possession is given. Lessor or its agents shall have thirty (30) days in which to
give possession, and if possession is tendered within such time, Lessee agrees to accept the demised Premises and pay the
rental herein : provided from that date. In the event possession cannot be delivered within such time, through no fault of
Lessor or its agents ;then this Agreement and all rights hereunder shall terminate.
9 'HAZARDOUS NTERIALS. Lessee shall not keep on the Premises any item of a dangerous, flammable or explosive
character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered
hazardous or extra hazardous by any responsible insurance company.
10. UTILITIES. Lessee shall be responsible for arranging for and paying for all utility services required on the Premises.
11. MAINTENANCE :.AND ` , REPAIR;' RULES. Lessee will, at its sole expense, keep and maintain the Premises and
appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof Without
limiting the generality of the foregoing; Lessee shall:
(a)'' Not 'obstruct' the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the
pu}poses of ingress and egress only;
'(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
. -. .. _ (c) Not obstruct or cover the windows or doors;
(d) Not•leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same
within any yard area or space;
-
(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent
of Lessor;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall
use same only for the purposes for which they were constructed. Lessee shall not allow any sweepings, rubbish,
sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and
the cost of clearing stopped plumbing resulting from misuse shall be borne by Lessee;
(i) And Lessee's family and guests shall at all times maintain order in the Premises and at all places on the
Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy
or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash,
garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the
common elements;
(1) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area
appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association
having control over them.
12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm,
earthquake, or other casualty not caused by the negligence of Lessee, this Agreement shall terminate from such time except
for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be
accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Premises, Lessee paying
rentals up to such date and Lessor refunding rentals collected beyond such date. Should a portion of the Premises thereby be
rendered untenantable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating
this Lease. 10 the event that Lessor exercises its right to repair such untenantable portion, the rental shall abate in the
proportion tla 'the injured parts bears to the whole Premises, and such part so injured shall be restored by Lessor as speedily
as practicably; after which the full rent shall recommence and the Agreement continue according to its terms.
13. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all reasonable times during the term of
this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and
improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate
by Lessor for the preservation of the Premises or the building. Lessor and its agents shall further have the right to exhibit the
Premises and to display the usual "for sale ", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45)
days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs,
fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the
Premises.
14. SUBORDINATION OF LEASE. This Agreement and Lessee's interest hereunder are and shall be subordinate, junior and
inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Lessor, all advances
made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable
on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or
encumbrances.
15. LESSEE'S HOLD OVER. If Lessee remains in possession of the Premises with the consent of Lessor after the natural
expiration of this Agreement, a new tenancy from month -to -month shall be created between Lessor and Lessee which shall be
1\11 P subject to all of the terms and conditions hereof except that rent shall then be due and owing at
DOLLARS ($ ) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice
served by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Lessee shall surrender the Premises in as good a
state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and
damages by the elements excepted.
17. ANIMALS. Lessee shall be entitled to keep no more than Z ) domestic dogs, cats or birds; however, at such time
as Lessee shall actually keep any such an al on the Premises, Lessee shall pay to Lessor a pet deposit of
0 DOLLARS ($ ), DOLLARS ($ ) of which shall be
non - refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the
carpets of the building.
18. QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as being payable by Lessee and Lessee's
performance of all Lessee's agreements contained herein and Lessee's observance of all rules and regulations, shall and may
peacefully and quietly have, hold and enjoy said Premises for the term hereof.
19. INDEMNIFICATION. Lessor shall not be liable for any damage or injury of or to the Lessee, Lessee's family, guests,
invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to
goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Lessee hereby
agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature.
20. DEFAULT. If Lessee fails to comply with any of the material provisions of this Agreement, other than the covenant to pay
rent, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply
with any duties imposed on Lessee by statute, within seven (7) days after delivery of written notice by Lessor specifying the
non - compliance and indicating the intention of Lessor to terminate the Lease by reason thereof, Lessor may terminate this
Agreement. If Lessee fails to pay rent when due and the default continues for seven (7) days thereafter, Lessor may, at
Lessor's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any
' and all rights and remedies available to Lessor at law or in equity or may immediately terminate this Agreement.
21. LATE CHARGE. In the event that any payment required to be paid by Lessee hereunder is not made within three (3) days
of when due, Lessee shall pay to Less r, in addi ion to such payment or other charges due hereunder, a "late fce" in the
amount of (1 ($ ),
22. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the Premises or any part thereof,
, Lessor may, at Lessor's option, obtain possession of the Premises in the manner provided by law, and without becoming
liable to Lessee for damages or for any payment of any kind whatever. Lessor may, at Lessor's discretion, as agent for
Lessee, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then
unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee
liable for any difference between the rent that would have been payable under this Agreement during the balance of the
unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Lessor by means of
such reletting. If Lessor's right of reentry is exercised following abandonment of the Premises by Lessee, then Lessor shall
consider any personal property belonging to Lessee and left on the Premises to also have been abandoned, in which case
Lessor may dispose of all such personal property in any manner Lessor shall deem proper and Lessor is hereby relieved of all
liability for doing so.
23. ATTORNEYS' FEES. Should it become necessary for Lessor to employ an attorney to enforce any of the conditions or
covenants hereof, including the collection of rentals or gaining possession of the Premises, Lessee agrees to pay all expenses
so incurred, including a reasonable attorneys' fee.
24. RECORDING OF AGREEMENT. Lessee shall not record this Agreement on the Public Records of any public office. In
the event that Lessee shall record this Agreement, this Agreement shall, at Lessor's option, terminate immediately and Lessor
shall be entitled to all rights and remedies that it has at law or in equity.
25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the
State of
26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be
invalid or unpnforceable, neither the remainder of this Agreement nor the application of the provision to other persons,
entities or ciN, ii tances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the
benefit of the heirs, legal representatives, and assigns of the parties hereto.
28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not
intended to have any effect whatsoever in determining the rights or obligations of the Lessor or Lessee.
29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
30. NON - WAIVER. No indulgence, waiver, election or non - election by Lessor under this Agreement shall affect Lessee's
duties and liabilities hereunder.
31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this
Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all
of the parties hereto.
As to Lessor this ?i CT day of L ati^ , 20 (0
Witnesses: "Lessor"
As to Lessee, this 2 1 day of , 20C)
Witnesses: "Lessee"
1/4 A077