Public library Lease

This indenture of lease made on the _________ day of April, [year] by and between the _________ LIBRARY BUILDING CORPORATION, A _________ NOT-FOR-PROFIT CORPORATION, ("Lessor"), and THE _________ CITY-COUNTY LIBRARY DISTRICT, a political subdivision of the State of _________("Tenant").

1. LEASED PREMISES: In consideration of the rents, covenants and agreements herein reserved and contained on the part of the tenant to be observed and performed, the Lessor demises and leases to the Lessee and the Lessee rents from the Lessor, certain premises hereafter to be erected at the corner of _________ and _________ Streets in the City of _________[state], upon the premises whose boundaries are as follows: _________.

The use and occupation by the Tenant of the leased premises shall include all buildings presently existing, under construction, or herein to be constructed upon the premises, and all lawns, parking areas, sidewalks, and other similar improvements whether now, or in the future existing.

2. ERECTION OF BUILDING: Lessor shall construct in accordance with plans and specifications approved by the Tenant, a building of not less than 19,000 square feet, with landscaping and parking suitable for use as a free public library building, which construction shall include all structural, mechanical, painting and decorating, parking and landscaping so as to allow, upon completion, immediate occupancy by the Tenant. The plans and specifications, as approved by the governing board of the Tenant are attached hereto as "Exhibit A" and incorporated herein by reference.

3. TERM: The term of this lease shall be 1 year, which term shall be computed to the corresponding date of the year computed from the date of first occupancy.

4. RENTALS: The rental for the term shall be $_____ which shall be payable in 12 equal monthly installments of $_____ due and payable, in advance, on the first day of each month. Rental payments shall be payable as follows:

(A). Rent as provided in paragraph 3 above shall commence upon occupancy, and the first payment thereof shall be due and payable upon the first date in which the building is occupied by the Lessee.

(B). The Lessor may require at its option, and the Lessee agrees, to pay upon notice thereof an amount of rent which shall not be more than the monthly rent specified herein, but which shall equal any interim interest, loan or other charges incurred by the Lessor prior to occupancy by the Lessee during the construction of any improvements upon the premises. Rental payments shall be paid to the treasurer of the Lessor, at such place as Lessor shall designate, without any prior demand therefore, and without any deduction or setoff whatever.

5. ADDITIONAL CHARGES: Tenant, in addition to the monthly rent set forth above, agrees to pay directly, or to reimburse the Lessor at cost, for all operation and maintenance charges, utilities, loan and closing charges, bonds and insurance, litigation costs, counsel fees, administrative costs and such other reasonable and necessary charges for the administration, construction and operation of the Lessor during the construction of the building to be erected under this lease.

6. ESCALATION OF MONTHLY RENTS: If insurance, real or personal property taxes against the land or improvements, interest rates or loan costs of the Lessor shall be increased for any reason during the term of this lease, the Lessor shall have the right to require the Tenant to increase the monthly rentals to cover such increases.

7. USE OF PREMISES: Tenant shall use the leased premises solely for the purpose of operation of a free public library for use by the citizens of _________ County, and all operations incident thereto including, but not limited to, offices and administration, bookmobile stocking and operations, general lending, reference, research and such other uses generally appurtenant to the operation of a free public library.

8. FIXTURES AND ALTERATIONS: Tenant shall not make or cause to be made any alterations, additions or improvements, of a substantial nature or make any structural changes in the building without first notifying Lessor. In the event structural changes are contemplated, tenant shall supply to Lessor plans and specifications for such work, and obtain written approval.

9. ITEMS INSTALLED BY TENANT: All decorations additions and improvements made by Tenant, or made by owner on Tenant's behalf by agreement under this lease, shall remain the property of the Tenant for the term of this lease or any extension or renewal thereof. Upon expiration of this lease, or any renewal term thereof, the Tenant shall remove all decorations, additions and improvements, and restore the leased premises, ordinary wear and tear excepted, to its condition at the time of original occupancy.

10. SIGNS: Tenant shall have the right to place upon the premises, such sign or signs as may be necessary to designate the premises, and to aid and enhance the flow of vehicular and foot traffic throughout the premises. Such signs shall be maintained in good condition and repair at all times, and shall comply with all zoning and sign requirements of the City of _________. All permits necessary for such signs shall be at Tenant's expense.

11. MAINTENANCE: Tenant shall at all times keep the leased premises (including maintenance of the structure, its roof, interior and exterior areas, and all portions of the leased premises, including but not limited to lighting, heating and plumbing fixtures, air conditioning, driveways, parking lots, and lawns in good order, including reasonable periodic painting when needed, and in all respects keep the premises in good order, condition and repair at Tenant's sole costs and expense. If Tenant refuses or neglects to repair property as required hereunder, and to the reasonable satisfaction of Lessor, as soon as reasonably possible after written demand, Lessor may make such repairs without liability to Tenant for any loss or damage that may accrue to books, materials, fixtures or other property, or to Tenant's operation of a library, and upon completion thereof, Tenant shall pay Lessor's cost for making such repairs, plus 20% for overhead and administrative expense, upon presentation of a bill therefore, as additional rent.

12. SURRENDER OF PREMISES: At the expiration of the tenancy hereby created, Tenant shall surrender the leased premises in the same condition as the leased premises were upon delivery of possession thereto under this lease, reasonable wear and tear excepted, and damage by unavoidable casualty excepted, and shall surrender all keys for the leased premises to Lessor. Tenant shall thereupon remove all its fixtures, and any alterations or improvements as provided above before surrendering the premises and shall repair any damage to the leased premises caused thereby. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this lease.

13. INSURANCE: Tenant shall, during the entire construction period of the premises described above, and during the full term of this lease, keep in full force and effect an appropriate policy of public liability and property damage insurance with respect to the leased premises (regardless of the existence of any doctrine of Sovereign Immunity) and the business and service operated by Tenant in which the limits of public liability shall be not less than $_____(if single limit) or $_____ per person and $_____ per accident, and in which the property damage liability shall be not less than $_____. The policy shall name Lessor, any person, firms or corporations designated by Lessor, and the Tenant as insureds and shall contain a clause that the insured will not cancel or change the insurance without first giving the Lessor 10 days prior written notice. Tenant shall exhibit to Lessor, at any time upon demand, a certificate of insurance, or other evidence of insurance, and shall keep such policies in effect during the full term of this lease or any extensions thereof.

14. FIRE, EXTENDED COVERAGE: Tenant agrees to purchase and maintain, during the full term of this lease or any extensions thereof, a policy of fire, extended coverage, insurance, which policy shall not be less than 100% of the replacement value of the structure described above and to keep such policy in full force and effect at 80% of the replacement value. The cost of such insurance shall be at the sole cost of the Tenant.

15. ADDITIONAL INSURANCE: In addition to the insurance defined above, Lessor may require the Tenant, up to the limits set forth below, to purchase and maintain any type of liability insurance necessary to protect the public for any negligent acts, errors or omissions of the Lessor during the term of this lease, which insurance shall be described by an addendum to this lease and the cost of such insurance shall be paid, in full, by the Tenant.

16. INDEMNIFICATION: Tenant will indemnify Lessor, its offices, directors and agents, and save them harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury of damage to property, or any other liability, arising out of any occurrence in, upon or at the leased premises, for the occupancy or use by Tenant of the leased premises or any part thereof, occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionaires or occasioned for any reason by act or omission of the Lessor, in the establishment, operation or maintenance of the library building, or for any act or omission by the Lessor in furtherance of the interests of the Lessee for any reason in connection with this lease. In case the Lessor, its officers, directors or employees shall be made a party to any litigation commenced by or against Tenant, or by or against Lessor, its officers, directors or employees in furtherance of the interests of the Tenant, then the Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Lessor in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Lessor in enforcing the covenants and agreements in this lease.

17. PLATE GLASS: Tenant shall replace all plate and other glass damaged or broken from any cause whatsoever in and about the leased premises. Should Tenant fail to maintain glass and breakage insurance, Lessor may, at its option and at Lessor's expense insure and keep insured, all plate and other glass in the leased premises for and in the name of the Lessor.

18. UTILITIES: Tenant shall be solely responsible for and promptly pay all charges for heat, water, gas, electricity or any other utility used or consumed on the leased premises, including any deposits demanded by any utility. Should Lessor elect to supply water, gas, heat, electricity or any other utility used or consumed in the leased premises, Tenant agrees to purchase and pay for same as additional rent at the applicable rates paid by Lessor.

19. ASSIGNMENT AND SUB-LETTING: Tenant will not assign this lease, in whole or in part, nor sub-let all or any part of the leased premises, without prior written consent of the Lessor in each instance.

20. WASTE OR NUISANCE: Tenant shall not commit or suffer to be committed any waste upon the leased premises or any nuisance or any other act or thing which may disturb the quiet enjoyment of any person within 500 feet of the boundaries described above.

21. GOVERNMENTAL REGULATIONS: Tenant shall at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable government authorities, now in force, or which may hereafter be in force, pertaining to the premises, and shall faithfully observe in the use of the premises all municipal and county ordinances, and all state and federal statutes now, or which may hereafter be, in force.

22. DESTRUCTION OF PREMISES: If the leased premises shall be damaged or destroyed by fire, the elements, unavoidable accidents or other causalty, all insurance proceeds payable by reason thereof shall be applied to the repair, reconstruction and renovation of premises, and the rents hereunder shall not be abated. Destruction of the premises shall not abate the rent herein provided.

23. CONDEMNATION: In the event the premises shall be taken, in whole or in part, through the exercise of any power of eminent domain exercised by any state, federal or local municipality having the power thereof, any sums paid by such condemning authority shall be paid to the Lessor, who shall, in turn, apply such proceeds directly to the reduction of any principal due and owing to the holder of any mortgages or deeds of trust upon the premises.

24. DEFAULT: In the event of any failure of Tenant to pay any rental, or any sum due hereunder, within 10 days after the same shall be due, or any failure to perform any of the other terms, conditions or covenants of this lease to be observed or performed by Tenant for more than 30 days after written notice of such default shall have been given to Tenant, or if Tenant shall abandon the premises, then Lessor, besides other rights or remedies it may have, shall have the immediate right of reentry and may remove all persons and properties from the leased premises without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby.

25. RIGHT TO RELET: Should Lessor elect to reenter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this lease or it may from time to time, without terminating this lease, make such alterations and repairs as may be necessary in order to relet the premises, and relet premises or any part thereof for such term or terms, and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable. Upon each such reletting, all rentals received by Lessor from such reletting shall be applied, first to the payment of any indebtedness other than rent due hereunder from Tenant to Lessor; second to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and of costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by the Lessor and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by the Tenant, Tenant shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly.

26. LEGAL EXPENSES OF EVICTION OR REENTRY: In case suit shall be brought for recovery or possession of the leased premises, for the recovery of rent, or any other amount due under the provisions of this lease, or because of the lease or any other covenant herein contained on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Lessor all expenses incurred therefore, including a reasonable attorney's fee.

27. QUIET ENJOYMENT: Upon payment by the Tenant of the rents herein provided, and upon the observance and performance of all covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the leased premises for the term hereby demised without hindrance or interruption by the Lessor or any other person or persons lawfully or equitably claiming by, through or under the Lessor, subject nevertheless, to the terms and conditions of this lease.

28. OPTION TO RENEW: This lease may be renewed by the Tenant for an additional term of 1 year upon the same terms and conditions as herein provided. Such option may be exercised in writing at any time during the twelfth month of the term, or by holding over beyond the end of the term without objection in writing by the Lessor. Tenant shall have a total of 24 successive one-year options to renew for a total, including the original term, of 25 years. Should tenant not elect to renew this lease by exercising the option herein granted, Tenant shall give up and quit the premises on or before 12:00 midnight on the last date of any expired term hereunder.

29. CONVEYANCE BY LESSOR: In the event that the Tenant shall exercise all 24 of the options granted above, and in consideration of the prepayment by the Tenant of certain construction, closing and loan costs, the Lessor hereby covenants and agrees that upon the final payment by the Tenant of the last month's rent at the end of the twenty fourth option period, to convey to Tenant, free and clear of all liens, encumbrances and leases, and in fee simple absolute all the right, title and interest in and to premises, upon the payment of an additional consideration at such time of $100.00.

30. WAIVER: Waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this lease other than the failure of Tenant to pay the regular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of the acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by either party, unless such waiver be in writing and executed by the party against whom such waiver is asserted.

31. ENTIRE AGREEMENT: This lease, and the exhibits attached hereto and forming a part hereof set forth all the covenants, promises, agreements, conditions and understanding between the parties concerning the leased premises, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them, other than or herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this lease shall be binding upon either party unless reduced to writing and signed by both.

Any notice, demand, request or other instrument which may be required to be given under this lease shall be deemed delivered when sent by ordinary United States Mail, postage prepaid, addressed to the Lessor care of its then acting President, or Tenant care of its then acting administrator.

32. PARTIAL INVALIDITY: If any term, covenant or condition of this lease, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this lease, or the application of such term, covenant or condition to persons or circumstances other than those to which it is held invalid, or unenforceable, shall not be affected thereby; and each term, covenant or condition of this lease shall be valid and be enforced to the fullest extent permitted by law. Should the length, term or duration of this lease, in any way be in violation of any Statute law or Constitution, be invalid for any reason whatsoever, then this lease shall be deemed a lease from year to year, and all other provisions hereunder shall remain the same.

33. RECORDING: Tenant shall not record this lease without the written consent of Lessor; however, upon request of either party hereto, the other party shall join in the execution of a synopsis memorandum of this lease for the purposes of recordation. Such memorandum of this lease shall describe the parties, the leased premises and the term of this lease, and shall incorporate this lease by reference.

In witness whereof, Lessor and Tenant have signed and sealed this lease the day and date first above written.



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