AGREEMENT is made and executed this ________ day of ___________, 200__, by and
between _______________________ of
WHEREAS, Lessor is the owner of a certain piece or parcel of land situate in __________________ Township, _______________ County, Pennsylvania, more specifically described in _______________ County Deed Book Vol. ______, p. ______, which is incorporated by reference herein;
WHEREAS, Lessee desires to lease approximately three (3) acres of the aforesaid parcel, hereinafter referred to as “PREMISES”, from Lessor for an initial term of Ten (10) years in accordance with the terms and conditions hereinafter set forth;
WHEREAS, Lessor agrees to lease the Premises to Lessee in accordance with the terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto intending to be legally bound hereby, in consideration of the above covenants and conditions and those hereinafter stated, mutually covenant and agree as follows:
1. Premises: Lessor hereby leases to Lessee and Lessee rents from Lessor, for the purpose of constructing a sawmill on the Premises, being __________ acres more or less of a larger parcel of land more specifically described as the second parcel of land set forth in ___________ County Deed Book Vol. ______, p. _____, more particularly described on Exhibit “A” hereto.
2. Terms: The term of this Agreement is for an initial term of Ten (10) years having commenced on the first day of ___________________, and terminating on the last day of ___________________.
Upon the expiration of the initial term of this Lease or any extension provided for hereafter, provided Lessee notifies Lessor at least sixty (60) days prior to the expiration of the initial term or any extension of the then-current term, of his intent to extend the initial term of this Lease or any subsequent term, this Lease shall be extended for one additional term of Ten (10) years and one addition term of Five (5) years at an annual rental of TEN AND NO/100 ($10.00) DOLLARS, all other terms and conditions hereof to be extended also.
3. Rent: Lessee shall pay Lessor without demand the sum of Ten and No/100 ($10.00) Dollars per year in advance commencing on the first day of ________________, and annually thereafter on the same day of each consecutive year during the original term hereof or any extension thereof. Lessee agrees to pay the rent to Lessor at ____________________________, or at such other place as Lessor may from time to time request.
4. Access Road: Lessor hereby also grants to Lessee, during the initial term hereof or any extension thereof, the nonexclusive right of access, in common with the Lessor, over, on, to and from for ingress, egress and regress, an access road approximately 1000 yards in length from ___________ over land of Lessor to the Premises. Lessee shall at all times provide for the maintenance and the upkeep of the access road at his sole cost and expense.
5. Utilities: Lessee shall pay all utility charges, including but not limited to water, sewer, electricity, telephone and any other utilities. All utility charges will commence on the effective day of this Agreement. Lessee agrees he will pay the bills promptly when due and will make all necessary deposits as quoted by the utility companies. All utility services shall be ordered disconnected only after seven (7) days written notice to Lessors and all final bills paid by Lessee with proof of the same by furnishing Lessor with copies of all receipts upon the expiration of this Agreement.
6. Real Estate Taxes: All real estate taxes levied upon or due and owing on the Premises during the term of this Agreement shall be paid for by and are the responsibility of Lessor. However, in the event that Lessee’s construction of improvements on the Premises results in the assessment of the improvements for real estate tax purposes on the Premises to increase and causes Lessor’s real estate taxes on the Premises to increase, Lessee shall pay and be responsible for the increase in the real estate taxes at the Premises due to construction of the improvements on the Premises.
7. Improvements: Lessee shall have the right to make and construct improvements at the Premises without the written permission and consent of the Lessor. All improvements made at the Premises shall upon the expiration or earlier termination of this Agreement be the property of the Lessee, unless otherwise agreed between the parties in writing.
8. Maintenance of Premises: Lessee hereby covenants and agrees that he will use due care at the Premises and that he will be responsible to pay for any and all need of repairs thereof, which are necessitated by any error, act or omission on the part of Lessee. The Lessee shall maintain the Premises in good condition and repair, reasonable wear and tear excepted.
9. Repair of Damage: In the event that the Premises is either partially or totally destroyed or damaged by fire or other casualty, the repair shall be the full responsibility of the Lessee.
10. Insurance: Lessee is responsible for insuring the Premises and all other improvements located thereon against, fire, theft and any and all other casualty and loss. Lessee is also responsible for insuring all of the contents and belongings in the Premises against fire, theft and any and all other casualty and loss. Security of the Premises is completely and solely the responsibility of Lessee, and the Lessor will not be held liable due to theft or vandalism of the Premises property. The Lessor shall be designated as an additional insured on all policies.
11. Indemnification by Lessee: Lessee hereby covenants and agrees that he will indemnify, defend and hold harmless, the Lessor from any and all claims, demands, suits, causes of action, losses, damages, expenses and/or any and all litigation arising out of occurrences, in or at the Premises or as occasioned or suffered by the Lessee or any of his employees, agents, invitees, occupants, or other persons in attendance in or at the Premises, including for any damages awarded for such claims, demands, causes of action, losses, damages and expenses or for costs or attorney’s fees, due to the error, act or omission of the Lessee.
12. Laws, Regulations and Codes: Lessee shall at all times during the term of this Agreement comply with all local, state and federal laws, building, fire and sanitation regulations and codes as they affect Lessee’s enjoyment of the Premises.
13. Waste and Nuisance: Lessee hereby covenants and agrees not to commit waste on or at the Premises or allow it to be committed nor permit maintenance of a nuisance or any other noxious matter which may interfere with or affect the Premises.
14. Surrender of Premises: Unless otherwise agreed between the parties or unless as otherwise provided for by the terms of this Agreement, Lessee hereby covenants and agrees to surrender the premises at the end of the term arranged for under this Agreement or any extension hereof, and to remove within Ninety (90) days of said expiration all Lessee’s personal property occupying the Premises, so that it is restored to the same or similar condition it was in before Lessee first occupied it, other than improvements performed by Lessee constituting fixtures, with exception for reasonable wear and tear or damage by unavoidable casualty not able to be repaired in time. Any and all property not removed from the Premises within Ninety (90) days at the end of the term of this Agreement or any extension hereof, will be considered to have reverted to the status of building improvements belonging to the Lessor or to have abandoned as to any and all rights or claims of Less, and will be at Lessor’s sole right of disposal.
15. Assignment and Subordination: Lessee during the term hereof, shall not have the right to sell, assign, sublease, mortgage or encumber any part or all of the Premises, without the prior written consent of the Lessor, which may be unreasonably withheld at the sole discretion of the Lessor.
16. Events of Default and Remedies:
A. Events of Default: Each of the following events shall constitute an event of default under this Agreement:
(1) If Lessee shall fail to pay any annual installment of rent or any other charges or payments provided for in this Agreement on the date the same is due;
(2) If Lessee shall default in the performance of or compliance with any of the terms, covenants, agreements, conditions or provisions of this Agreement and shall default shall continue for a period thirty (30) days after written notice thereof by Lessor to Lessee;
(3) If a receiver or trustee is appointed to take possession of all or a substantial portion of the assets of Lessee;
(4) If any bankruptcy, reorganization, moratorium, insolvency, creditor adjustment or debt rehabilitation proceedings or the like are instituted by or against Lessee under any state or federal law;
(5) If a liquidator, receiver, custodian, sequester, conservator, trustee or other similar judicial officer is applied for by Lessee or appointed for Lessee; and
(6) If Lessee becomes insolvent in the bankruptcy or equity sense.
B. Remedies: In addition to all the remedies provided to Lessor in this Agreement, Lessor shall have the following rights upon or after the occurrence of an event of default by Lessee:
(1) To terminate this Agreement and retain all payments previously made hereunder by Lessee as liquidated damages; and
(2) To confess judgment against Lessee for any and all amounts due hereunder, including all costs, expenses and reasonable attorney’s fees incurred by Lessor due to any default by Lessee, for that purpose, Lessee hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk in any court in the Commonwealth of Pennsylvania, or elsewhere, to appear for him at any time after default hereunder in any action brought against him under this Agreement, without or without declaration filed, as of any term, and therein confess or enter judgment against him for any and all amounts due and outstanding hereunder, plus interest thereon which shall accrue at the penalty rate of ten (10%) percent per annum, together with costs of suit and other expenses in connection therewith, and together with reasonable attorney’s fees, and for so doing this Agreement or a copy hereof verified by affidavit shall be a sufficient warrant. The authority granted herein to confess judgment shall not be exhausted by one exercise thereof, but shall continue from time to time and at all times until payment in full of all amounts due hereunder. For purposes of this paragraph, Lessee hereby and herein waives any and all rights to notice and a hearing prior to or upon Lessor’s exercise of her rights hereunder. In addition, Lessee hereby waives and release all errors, defects and imperfections in any proceedings instituted by Lessor pursuant to the authority vested herein, as well as all benefits that might accrue to Lessee by virtue of any present or future laws exempting any property, real or personal, or any part of the proceeds arising from any sale of any such property, from attachment, levy, or sale under execution, or providing for any state of execution to be issued on any judgment recovered pursuant to the authority granted herein in any warrant contained herein or attached hereto;
(3) Lessor may cure the default at Lessee’s cost. If Lessor at any time, by reason of Lessee’s default, pay any sum or do any act that requires the payment of any sum, the sum paid by Lessor shall be due immediately from Lessee after the sum is paid, with interest at the rate of ten (10%) percent per annum, payable at the next monthly payment date hereunder which payment shall be secured by this Agreement. Any payment by the Lessor shall be without prejudice to any of their rights or remedies under this Agreement, or at law or in equity.
17. Time of the Essence: Time is of the essence with respect to any time period for the performance of any conduct or act by either party set forth in this Agreement.
18. Waiver: No delay, omission or failure to exercise any right of Lessor under this Agreement shall be construed as a waiver of any such right or as impairing any such right. Any waiver by Lessor of a single breach or default shall not be construed as or constitute a waiver of any prior to subsequent breach or default. All remedies provided for above or by law, or otherwise afforded to Lessor, are cumulative and not alternative.
19. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns.
20. Governing Law: This Agreement shall be governed by and
construed in accordance with the laws of the
21. Integration: This Agreement contains and constitutes the final expression of the intent of the parties hereto and is the complete and exclusive statement of the terms and conditions agreed upon by the parties hereto. No modifications or amendment of this Agreement will be valid unless stated in writing and executed by the parties hereto, and no parol or intrinsic evidence shall be admissible to explain or contradict the terms hereof.
22. Severability: If any provision of this Agreement is held invalid by any court of competent jurisdiction, said provision shall be deleted from this Agreement, but such invalidity shall not affect the other provisions that can be given legal effect without the invalid provision.
23. Counterparts: This Agreement may be executed simultaneously in one or more copies or counterparts, each of which shall be deemed an original, but all of which together shall constitute and be one and the same Agreement.
24. No Recording: The parties covenant and agree that this Agreement shall not be recorded at the Office of the Recorder of Deeds of Cambria County.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day, month and year first above written.