L E A S E
THIS LEASE made and entered into this ______day of ______, 20__, by and between Dennis M. Schnurr, Archbishop of Cincinnati, Trustee for the Members of the Congregation of [1] Roman Catholic Church, [2], [3] County, Ohio (the “Lessor”), and [4] (the “Lessee”).
W I T N E S S E T H :
- LEASED PREMISES:
In consideration of the rents to be paid by Lessee, and of the covenants, terms and conditions to be kept and performed as herein provided, Lessor does hereby lease unto Lessee and Lessee does hereby accept a lease on the following described premises:
(the “leased premises”). The [name of building] is sometimes referred to herein as the “building.”
The leased premises shall include all the rights, privileges, easements, appurtenances and improvements thereunto belonging, but shall be subject to easements, reservations, limitations and restrictions of record.
Together with the nonexclusive right to use ___ parking spaces in the parking area for the parking of automobiles, the roadways, means of ingress and egress, and other areas and surroundings of the building which are included for the common use of Lessee and third persons (the “common areas”).
- TERM:
(a)The original term of this Lease shall commence on ______, 20__ (the “commencement date”) and shall end on ______, 20__ (the “termination date”), unless sooner terminated as herein provided.
(b)If Lessor shall determine in his sole reasonable judgment that it is in the best interests of [1] Roman Catholic Church (the “Parish”) or the Archdiocese of Cincinnati (i) to sell all or any part of the Parish property, (ii) to close, cluster, merge or make other changes in the operation of the Parish, (iii) to expand the existing Parish facilities, (iv) to raze the building or (v) to construct new facilities, then Lessor may terminate this Lease upon written notice given to Lessee not less than ninety (90) days prior to the termination date specified in the notice.
- RENTAL:
Lessee shall pay to Lessor as and for rent for the leased premises the sum of ______per year, payable in monthly installments of ______due in advance on the first business day of each calendar month during the term of this Lease.
- USE:
Lessee shall use the leased premises for operation of a ______only and for no other purpose. Lessee shall not do anything on or make or allow any use of the leased premises which conflicts with the official doctrine, teachings or practices of the Roman Catholic Church, as defined by the Archbishop of Cincinnati. Lessee shall not, without Lessor’s permission, use or allow upon the leased premises anything which will invalidate any policy of insurance now or hereafter carried thereon or on any of the contents thereof, or which may be dangerous, or which will cause an increase in the rate of fire insurance on the building. If Lessor grants said permission it shall be solely on the condition that Lessee shall pay on demand any increase in insurance premiums on the building or on the contents of the leased premises resulting from said use. Lessee shall take reasonable steps to prevent objectionable noise, and shall not do or permit anything tending to create a nuisance or to disturb other tenants or the occupants of neighboring property.
- UTILITIES:
Lessee shall pay monthly, as additional rent due hereunder, within five (5) days after demand therefore by Lessor, its prorata share of all charges for water, sewer, electricity and gas supplied to the leased premises and all bills for its telephone service. Lessee shall also pay to Lessor monthly, within five (5) days after demand therefor by Lessor, an amount which Lessor reasonably determines to be Lessee’s pro rata share of the cost of providing heat to the building during any part of the term of the Lease. Except as provided herein, Lessor shall pay all bills for all other utilities during the term of this Lease.
- REAL PROPERTY TAXES:
Lessee shall pay, as additional rent due hereunder, its pro rata share of all real property taxes applicable to the real property of which the leased premises are a part during the term of this Lease. All such payments shall be made at least ten (10) days prior to the delinquency date of such payment. If any such taxes paid by Lessee shall cover any period of time prior to or after the expiration of the term hereof, Lessee’s share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and Lessor shall reimburse Lessee to the extent required.
As used herein, the term “real property tax” shall include any form of assessment (general or special), license fee, commercial rental tax, levy, penalty, or tax (other than income, inheritance or estate taxes), imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof, as against any legal or equitable interest of Lessor in the leased premises, the building or the real property of which the leased premises are a part.
- ALTERATIONS TO LEASED PREMISES:
Lessee agrees that it has made its own personal inspection of the leased premises and the improvements therein, agrees to take the leased premises in its present condition, and is entering into this Lease based on its own findings and not on any representation of Lessor or its agents or employees. Lessee shall not without Lessor’s prior written consent, which consent shall not be unreasonably withheld, make or allow any structural or non-structural construction, alterations, additions, improvements, or utility installation (all of which are hereinafter referred to in this Lease as “alterations”), in, on or about the leased premises. As used in this Lease the term “utility installation” shall mean bus ducting, power panels, wiring, fluorescent fixtures, space heaters, conduits, air conditioning equipment and plumbing. Should Lessee make any alterations without the prior approval of Lessor, Lessor may require that Lessee remove any or all of the same.
Any alterations in or about the leased premises that Lessee wishes to make shall be presented to Lessor in written form, with proposed detailed working drawings. After giving its consent, no modification shall be made in the working drawings without Lessor’s consent to such modification. If Lessor shall give its consent to the alterations, the consent shall be deemed conditioned upon Lessee acquiring a permit to do the alterations from appropriate governmental agencies, the furnishing of a copy thereto to Lessor prior to the commencement of the work, the compliance by Lessee with all conditions of said permit in a prompt and expeditious manner and completion of the alterations in accordance with the working drawings as approved by Lessor.
Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the leased premises, which claims are or may be secured by any mechanic’s or materialman’s lien against the leased premises or any interest therein. Lessee shall give Lessor not less than ten (10) days’ notice prior to the commencement of any work in the leased premises, and Lessor shall have the right to post notices of non-responsibility in or on the leased premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole cost and expense, defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Lessor, the building or the leased premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to the amount then required by Ohio law to bond off a mechanic’s or materialman’s lien, indemnifying Lessor against liability for the same and holding the building and the leased premises free from the effect of such lien or claim.
- REPAIRS AND MAINTENANCE:
Lessor shall make, at its sole cost and expense, all repairs to the load-bearing walls, foundation, and supports of the building, the leased premises and the common areas and all repairs to the roofing and downspouts. Lessor shall be responsible for the replacement of the heating, electrical, plumbing and air conditioning systems servicing the leased premises. Lessor shall maintain and keep free of litter and debris the lawns, shrubbery, sidewalks, parking areas and grounds surrounding the building, including ice and snow removal.
Except where Lessor is liable for damages, injury or loss to the leased premises caused by the willful or negligent acts or omissions of Lessor, its agents, servants, employees or representatives, Lessee shall be responsible, at its sole cost and expense, for all other repairs and maintenance to the leased premises, including without limiting the generality of the foregoing, the maintenance, repair and replacement of all ceilings, non-load-bearing walls, wall coverings, floors, floor coverings, doors, windows and plate glass windows, including the replacement of broken glass therein, and for the maintenance and repair of the heating, electrical, plumbing and air conditioning systems servicing the leased premises, including the replacement of mechanical and working parts, wiring, piping and fixtures incidental to such maintenance and repair. Lessee shall keep and maintain the interior of the leased premises in good and sanitary order, condition and repair. Lessee shall provide for its own janitorial service and waste collection service.
- REMOVAL OF ALTERATIONS AND FIXTURES:
All alterations and fixtures, whether temporary or permanent, fixed or movable, placed on or made to the leased premises by either Lessor or Lessee, excluding furniture, personal property, inventory, trade fixtures or other movable property not attached to the leased premises, shall at once become the sole property of Lessor, and shall not be injured or removed by Lessee except as provided in this Paragraph, nor shall Lessee claim at any time compensation therefore except as provided in Paragraph 13 and upon termination of this Lease such alterations and fixtures shall be surrendered to Lessor. All furniture, personal property, inventory and trade fixtures installed by Lessee shall be removed by Lessee prior to the termination of this Lease, and all damage to the building, the leased premises or the common areas caused by the installation or removal of such items shall be repaired at Lessee’s expense as provided in Subparagraph 15(e).
- LESSOR’S RIGHT OF ENTRY:
Lessor shall have the right, without charge or diminution of rent, to enter the leased premises at all reasonable times, upon reasonable notice and in a reasonable manner for the purpose of examining the leased premises and making repairs or alterations, either to the leased premises or to utility lines or other facilities of the building or to install such lines or facilities. Lessee shall, upon the discovery of any defect in or injury to the leased premises or any need of repairs which are the responsibility of Lessor, promptly report the same to Lessor in writing, specifying such defect or injury. Lessor shall make such repairs or alterations as are its responsibility in a reasonable manner and with due diligence. There shall be no allowance to Lessee or diminution of rent and no liability on the part of Lessor by reason of inconvenience, annoyance or injury to or loss of business arising from the reasonable making of any repairs or alterations in or to any portion of the building, the leased premises, the common areas, or in and to the fixtures, appurtenances and equipment thereof.
- SIGNS:
Lessee shall have the right to install and operate, at its own expense, one exterior sign. Lessor shall consent to the location and design of the sign, but such consent shall not be unreasonably withheld. Lessee shall remove any such sign prior to the termination of this Lease, and restore its location to a condition at least equal to its condition at the time of the installation of such sign.
- ASSIGNMENT AND SUBLETTING:
Lessee may assign this Lease or sublet all or a part of the leased premises only upon the prior written consent of Lessor, which may be withheld for any reason. In the event of such assignment or subletting, Lessee shall remain primarily liable for the payment of rent and the performance of all obligations under the terms of this Lease. Such assignment or sublease shall not be effective unless and until the assignee or sublessee shall assume the performance of all the terms, conditions, duties and obligations of this Lease without, however, releasing the liability of Lessee, and shall deliver to Lessor an executed copy of such instrument of assumption.
- EMINENT DOMAIN:
If the whole or any portion of the building, the leased premises or the common areas shall be taken for any public or quasi-public use under any statute or by right of eminent domain or private purchase in lieu thereof by a public body vested with the power of eminent domain, then, when possession shall be taken thereunder of the building, the leased premises or the common areas, the term of this Lease and all rights of the Lessee hereunder shall immediately terminate as of the date of such taking, and the rent shall be adjusted as of the time of such termination and any rent paid for a period thereafter shall be refunded.
In any event, Lessee shall not receive any portion of the award of damages granted for said taking, except for any award granted for the taking of Lessee’s leasehold improvements, trade fixtures or alterations, if any.
- FIRE OR OTHER CASUALTY:
(a)Total Destruction.
If the building is totally destroyed by fire or other casualty, whether of accidental or negligent origin, or so much thereof that Lessor shall desire to raze the building (whether or not the leased premises are affected), or if the leased premises or the building are destroyed or damaged by fire or other casualty, whether of accidental or negligent origin, so that they could not be repaired or reconstructed with reasonable diligence being exercised and within 60 days after the date of such fire or other casualty, then in those events Lessor shall have the option either (i) to terminate this Lease, as of the date of such fire or other casualty, by written notice to Lessee given within 10 days after such fire or other casualty, or (ii) continue under this Lease, in which latter event, except as provided in Subparagraph 14(d), Lessor shall immediately reconstruct and repair the building and/or the leased premises; provided, however, that Lessor shall not be required to spend for the reconstruction and repair of the building and/or the leased premises an amount greater than the insurance proceeds received by Lessor by reason of such destruction or damage from (a) Lessor’s protected self-insurance program plus the amount of Lessor’s deductible under its protected self-insurance program or (b) Lessee’s insurance policies provided for in this Lease plus Lessee’s deductible thereunder, as the case may be. Rent shall abate until the reconstruction and repairs are substantially completed, unless such destruction or damage was caused by or contributed to by the negligence of Lessee, its agents, servants, employees, licensees, invitees or guests, in which case the rent shall not abate.
(b)Partial Destruction.
If the building, the leased premises or the common areas are damaged or partially destroyed by fire or other casualty, whether of accidental or negligent origin, such that they could be reconstructed or repaired in the exercise of reasonable diligence within 60 days after the date of such fire or other casualty, then, except as provided in Subparagraph 14(d), Lessor shall immediately reconstruct and repair the building and/or the leased premises; provided, however, that Lessor shall not be required to spend for the reconstruction and repair of the building and/or the leased premises an amount greater than the insurance proceeds received by Lessor by reason of such destruction or damage from (a) Lessor’s protected self-insurance program plus the amount of Lessor’s deductible under its protected self-insurance program or (b) Lessee’s insurance policies provided for in this Lease plus Lessee’s deductible thereunder, as the case may be. If Lessee is able to use a portion of the leased premises pending such repair or reconstruction, then Lessee shall pay a rental based upon the proportionate area of the leased premises remaining usable and such rental shall continue in effect until the reconstruction and repairs are substantially completed, or until termination of the Lease pursuant to Subparagraph 14(d), unless such destruction or damage was caused by or contributed to by the negligence of Lessee, its agents, servants, employees, licensees, invitees or guests, in which case the rent shall not abate.
(c)Lessee’s Alterations and Fixtures.
Lessor shall have no obligation to reconstruct, repair or replace alterations or fixtures installed in the leased premises by Lessee, or any of Lessee’s trade fixtures, inventory or other personal property of any nature whatsoever.