LEASE

This Lease, made this ______between Pediatric Development Center, Inc., 721 Scholl Road, Mansfield, Ohio 44907, County of Richland, and State of Ohio, Lessor and

______;

Lessee Address

______;

Lessee Address

;

Lessee Address

(hereinafter whether one or more, referred to as “Lessee”).

WITNESSETH: That said Lessor, in consideration of rents and covenants herein contained, and by said Lessee to be paid and performed, hereby leases to the said Lessee the premises located at the, and known as ______, County of Richland, State of Ohio.

To have and to hold the same, with appurtenances, unto the said Lessee, from the 1stdayof September, 2009 and fully to be completed and ended on the ___31st day of March, 2010at a monthly rent of (see addendum) payable on the first (1st) day of each month, in advance by check or money order. No cash payments will be accepted. This letting is on the following conditions, covenants, and agreements:

  1. Lessee agrees to pay to Lessor or Agent of Lessor the monthly rent set forth (see addendum), on the 1st day of each month, in advance, at the rental office of Lessor, or such other place as Lessor may from time to time request. Lessee further agrees to pay a late payment charge of five percent (5%) per month of the amount of rent in default after the fifth (5th) day of each month. If rental is mailed, the postmark date will determine the date of payment.
  1. Lessor may terminate this Lease without cause by giving thirty (30) days prior written notice to Lessee. No termination by Lessor without cause may take effect during the initial one (1) year term of the lease.
  1. Lessor may increase the monthly rent or change the terms of this Lease on written notice to Lessee given at least thirty (30) days in advance of the first (1st) day of the month in which the increase in rent or change in lease terms is effective.
  1. This Lease shall continue for a like term of years under the same terms and conditions as stated herein unless either party shall give notice in writing to the other party at least thirty (30) days prior to the end of this Lease of their intention to terminate the Lease agreement or continue same under changed terms and conditions.

5.Lessee agrees to use the premises only as the personal residence of the Lessee and shall not assign this Lease or sublet the premises. Lessees agree not to do or permit any act or practice injurious to the building, or which may be unreasonably disturbing to other residents, or which may affect the insurance risk factor on the building.

6.Lessee understands that the equipment for utilities to serve the premises is installed, therein the Lessee agrees that the cost of the utilities shall be paid as follows: Heating, heating of water, electricity and gas to be paid by Lessee. Water and sewer charge to be paid by Lessor.

Lessees agree that Lessor shall have the right temporarily to stop the service of electricity, gas, or water in the event of accident affecting the same or to facilitate repairs or alterations made in the premises or elsewhere in Lessor’s property.

  1. Lessees agree to use and occupy said premises in careful, safe, lawful, and proper manner, without waste, and to give notice to Lessor of the need for repair thereof, and to pay for all repairs to the premises, its contents, and to all other parts of Lessor’s property which are necessitated by the lack of care on the part of the Lessee, or Lessee’s visitors. Lessor agrees to provide normal repair and preventive maintenance services. Lessee agrees to reimburse the Lessor actual cost incurred for excessive/abnormal damage including, but not limited to, broken glass, toilet stoppage, excessive wall damage, damage to appliances and like items, within thirty (30) days of Lessee’s receiving an invoice of the cost thereof from Lessor. Excessive/abnormal damages to Lessor’s property, equipment and appliances due to tenants’ negligence will be repaired by Lessor, and Lessee shall be billed for actual costs incurred.
  1. Lessee agrees that Lessor shall not be liable for property damage or personal injury occurring in the residence or elsewhere on Lessor’s property regardless of cost unless the damage or injury results from the negligence of Lessor.
  1. If, due to circumstances beyond the Lessor’s control, the premises shall not be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent shall be abated proportionately until the premises are so ready, and Lessor shall not be liable for delay; provided, that if the premises shall not be ready for occupancy sixty (60) days after said beginning, Lessee shall have the right to cancel this Lease by written notice delivered to Lessor at any time after the expiration of said sixty (60) days, but not after the premises are ready for occupancy. Lessee’s remedy shall be limited to such right of cancellation, and on such cancellation, neither party shall have any further right against the other, save the Lessor shall repay any deposits made by Lessee.
  1. If the premises are damaged by fire or other casualty, Lessor shall repair it within a reasonable time, and rent shall continue unless the casualty renders the premises untenable, in which case this Lease shall terminate and Lessee, upon payment of all rent to the date the property is surrendered, shall not be liable for any further rent. If only a portion of the premises is rendered untenantable, the Lessee may remain in the home, with mutual possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent, provided that election to proceed under this alternative shall not be a waiver of the Lessee’s right to terminate the Lease if repairs are not made within a reasonable time.

Lessor and Lessee mutually waive all rights of recovery against the other or any party claiming through or under the other for any loss or damage to property of the other caused by fire or other insured casualty, notwithstanding that such damage was caused by the negligence of the other, or agents and employees of the other. Lessor and Lessee agree with respect to their insurance policies to include standard waiver of subordination clauses therein.

  1. Lessor, or any person authorized by him, with notice to Lessee at least twenty-four (24) hours in advance, shall have the right to enter the premises at reasonable times to inspect, make ordinary and necessary repairs, decorations, or alternations, deliver parcels too large for Lessee’s mail facilities, to enforce this Lease, and after notice of termination is given, to show the property to prospective residents, provided however, that notice to Lessee shall not be necessary in case of emergency.
  1. In the event that this Lease pertains to a unit in a multiple unit building, then this Lease confers no rights upon Lessee to use, for any purpose, any other property of Lessor other than the interior of the unit hereby leased, except the walks and roadways giving access thereto and such other areas, if any, as Lessor may from time to time designate for the use of residents. When the use by Lessee of any other portion of Lessor’s property is permitted, it shall be subject to the rules and regulations established by Lessor.
  1. If Lessee shall fail to pay rent, or any other sum, to Lessor when due, or within sixty (60) days thereof, or shall default in any other provisions of this Lease and said default shall not be cured within fifteen (15) days of written notice thereof by Lessor to Lessee, or shall abandon the premises and move,or attempt to remove his possessions from the premises, Lessor, in addition to all other remedies provided by law, may void and terminate this Lease, re-enter into possession of the premises, sue for and recover all rent earned up to the date of such entry; or the Lessor may, without terminating this Lease, terminate the Lessee’s right of possession, re-enter, and resume possession of the premises, and re-let the same for the remainder of the term, at the best rent it can obtain, for the account of the Lessee, who shall make good any deficiency. Lessee hereby expressly waives the service of notice of such intention to re-enter, or of the institution of legal proceedings to that end.
  1. Lessee agrees that Lessee will comply and procure compliance of Lessee’s visitors and guests with the occupancy rules and regulations which are printed hereon and which are attached.
  1. This Lease is subject and subordinate to the lien of all mortgages now or any time hereinafter placed upon any part of Lessor’s property which includes the unit herein leased, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereof. Lessee agrees, on request, to execute such further instruments evidencing such subordination as Lessor may request, and if Lessee fails to do so, Lessor is empowered to do so in the name of the Lessee.
  1. Lessee shall not assign or sub-lease the premises, nor shall any additions or alterations to the premises, its painting, its fixtures, or appliances be made without the express written consent of Lessor first had and obtained.
  1. Lessee covenants and agrees with Lessor that, said Lessee paying the rents and observing and keeping the covenants of this Lease on Lessee’s part to be kept, shall lawfully, peaceably and quietly hold and occupy said premises during said term, without any hindrance or molestation by said Lessor.
  1. The term “Lessor” as used in this Lease so far as covenants or obligations on the part of Lessor are concerned, shall be limited to mean and include only the Owner, at the time in question, of the fee of the premises. In the event of any transfer or transfers of the title to such fee, the Lessor herein named (and in case of any subsequent transfers or conveyances, the then Grantor) shall be freed and relieved from and after the date of such transfers and conveyances of all liability with respect to the performance of any covenants or obligations on the part of Lessor contained in this Lease thereafter to be performed. Without further agreement, the transferee of such title shall be deemed to have assumed and agreed to observe and perform any and all obligations of said Lease. Lessor may transfer Lessor’s interest in the premises without the consent of Lessee, and such transfer or subsequent transfer shall not be deemed a violation upon Lessor’s part of any of the terms and conditions of this Lease. Lessor or transferor shall remain and continue liable for any performance or payment which shall have accrued or become owing during such Lessor’s or transferor’s tenure as Lessor or transferor hereunder.
  1. The term “Lessee” used herein shall refer collectively to all persons named above, and signing this Lease as Lessee, and the liability of each such person shall be joint and several. Notice given by Lessor to any person named as Lessee, or by any such person to Lessor shall bind all persons signing this Lease as Lessee.
  1. Lessee shall surrender possession of the premises to Lessor at the termination of the Lease in as good a condition as when taken, loss by fire and other insured casualty, and ordinary wear and tear only accepted.
  1. It is understood by Lessor that keys to the premises may be requested by persons who provide services to Lessees. Lessor hereby agrees to provide a key to Lessees’ “Providers” upon the request of Lessees’ Advisers and /or Sponsors. However, Lessee jointly and severally, agrees that Lessor shall have no responsibility and/or liability for the activities of said Providers while on Lessor’s premises and Lessees jointly and severally, agree to indemnify and hold Lessor harmless from any liability resulting from the activities of said Providers while on the Lessor’s premises.
  1. Lessor shall provide said premises with the following: Refrigerator and cooking stove.

These shall be in good working order and shall be maintained by Lessor during the term

of the Lease and any extension hereof subject to the responsibilities of Lessee under Paragraph 7. of the Lease.

The providing of, and maintenance for all other furnishings needed or desired by Lessee shall be Lessee’s responsibility and at Lessee’s expense.

23.Lessor shall be responsible for snow removal. Grounds keeping shall be provided by Lessor. If provided by Lessee, Lessee agrees that Lessor shall have no responsibility and/or liability for any claims, loss and/or damages to Lessee, or any of them, or to any other persons, resulting from the activities of Lessees and/or persons hired by Lessees, in the performance of the grounds keeping and snow removal, and Lessees further agree to indemnify and hold Lessor harmless from any liability resulting from said activities.

24.No pets shall be permitted without the express approval of the Lessor and the signature of Lessor and Lessee on Pet Rider to this agreement.

25.This instrument contains the entire agreement between the parties. Lessor assumes no obligations and/or responsibilities with regard to Lessee other than those herein contained.

IN WITNESS WHEREOF, the said Lessor and Lessee have hereunto set their hand on the day and year first above written.

Signed and acknowledge in the present of:

As the Lessor: Pediatric Development Center, Inc.

By: Its

As the Lessee:

1.

2.

3.

4.

PDC LEASE ADDENDUM

(Insert address here)

SEPTEMBER 1, 2009–MARCH 31, 2010

(Individuals name) $271.00 per month

Please notify Susan Gibson (at 419-774-4322) if you experience a change in your monthly income or utility expenses at any time during the year.

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