Lease AgreementPage 1

Lease Agreement

this is a lease agreement made by and between Owner and Tenant upon the following terms and conditions:

  1. Definitions. When used in this Agreement, unless otherwise required by the context:
  2. “Landlord” means the City of Slater, Iowa, an Iowa municipal corporation with principal offices located at 101 Story Street, Slater, Iowa 50244.
  3. “Tenant” means
    whose address is: .
  4. “Leased Area” means the premises described as the concession stand building located adjacent to the municipal swimming pool in the City of Slater, Iowa.
  5. “Agreement” means this instrument in its entirety as signed by the parties thereto.
  6. Lease. Owner hereby leases to Tenant, and Tenant hereby leases from Owner, the Lease Area upon the terms and conditions described in this Agreement.
  7. Term. The term of this Agreement shall be for a period described as follows: beginning at 12:01 A.M. on the _____ day of ______, 20___, and ending at 11:59 P.M. on the _____ day of ______, 20___.
  8. Rent. The total rental due under this lease agreement is $______. Tenant agrees to pay this amount to Owner in six equal installments as follows:
  9. On the _____ day of ______, 20___, $______.
  10. On the _____ day of ______, 20___, $______.
  11. On the _____ day of ______, 20___, $______.
  12. On the _____ day of ______, 20___, $______.
  13. On the _____ day of ______, 20___, $______.
  14. On the _____ day of ______, 20___, $______.
  15. Possession. If Tenant pays the rents and performs all other terms of this Agreement, Tenant shall at all times during the term of this Agreement peaceably and quietly have the possession, use, and enjoyment of the Leased Area and all rights, easements, and servient estates appurtenant thereto without any disturbance from Owner or from any other person claiming through Owner.
  16. Use. Tenant shall use the Leased Area only for the sale of food products at retail to the general public. Tenant shall make no unlawful use of the Leased Area and agrees to comply with all municipal, state, and federal regulations, ordinances, and laws.
  17. Maintenance by Tenant. Tenant shall at Tenant’s sole expense, care for and maintain the Leased Area in a reasonably safe, clean, sanitary, and serviceable condition, and Tenant shall keep the Leased Area free of all accumulations of trash and debris. Tenant shall be responsible to Owner for damage to the Leased Area caused by acts or negligence of Tenant or Tenant’s agents, employees, or invitees and shall assume all cost associated with keeping all appliances in working order.
  18. Signs. Tenant shall not erect or display on or about the Leased Premises any advertising or identification sign unless first approved by Owner.
  19. Liability Insurance. Tenant shall, at its cost, at all times while this Agreement is in force, maintain in force an insurance policy naming Tenant and Owner as insureds against all liability resulting from injury occurring to persons or damage occurring to property upon the Leased Area and arising out of Tenant’s use thereof.. The liability coverage of such insurance shall be not less than $250,000.00 for any one-person injury, $500,000.00 for any one accident, and $100,000.00 property damage. Certificates or copies of said policies, naming the Owner and providing for notice ten days in advance of cancellation shall be delivered to the Owner. Tenant further covenants to hold Owner free and harmless from any and all liability for personal injury or property damage arising out of Tenant’s use of the Leased Area, provided, however, that the proximate cause thereof is not Owner’s negligence.
  20. Surrender of Premises. Tenant will have the right to inspect the premises prior to the term of this lease, approve its condition and note any maintenance issues with the landlord. Tenant agrees that upon the termination of this Agreement, it will surrender, yield up, and deliver the Leased Area for inspection by the Landlord in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. The landlord may require any deficient area be fixed by the tenant within a reasonable time or the landlord may fix the area with reasonable cost of doing so being billed to the tenant.
  21. Acts of Default of Tenant. Each of the following shall be deemed a default by Tenant and a breach of this Agreement:
  22. Failure to pay the rent or any part thereof.
  23. Failure to keep or perform any of the terms of this Agreement.
  24. Abandonment of the Leased Area, assignment of this Agreement without the prior written approval of the Owner, adjudication of Tenant as a bankrupt, general assignment for the benefit of creditors, or appointment of a receiver.
  25. Termination on Tenant’s Default. In the event of Tenant’s default, and at any time thereafter, Owner may serve a written notice upon tenant that Owner elects to terminate this Agreement upon a specified date not less fewer that ten days after the date of serving such notice; whereupon this Agreement shall expire on the date so specified unless such default, as described in said notice, shall have been cured before the specified date.
  26. Reentry by Owner. In the event this Agreement shall be terminated by reason of Tenant’s default, Owner may immediately reenter and resume possession of the Leased Area and remove all persons and property therefrom by reasonable and necessary force without liability for damages.
  27. Owner’s Lien. Owner shall have, in addition to the lien given to landlords by law, a security interest as provided by the Uniform Commercial Code of Iowa upon all personal property and upon all substitutions therefore, kept and used on the Leased Premises by Tenant. In the event this Agreement is terminated by Tenant’s default, Landlord may immediately take possession of all of the aforesaid personal property as to which the Owner shall have the rights and remedies of a secured party under the Uniform Commercial Code of Iowa.
  28. Owner’s Right to Relet. In the event this Agreement shall be terminated by reason of Tenant’s default, Owner may relet the whole or any portion of the Leased Area for a period equal to or greater or less than the remainder of the term described in this Agreement for any rent it deems reasonable to any tenant it deems suitable for any use or purpose it deems appropriate. In connection with such reletting, Owner may make such changes in the character of the improvements on the Leased Area as Owner deems appropriate. Owner shall in no event be required to pay Tenant any surplus of any rent received by Owner on a reletting of the Leased Area in excess of the rent in this Agreement.
  29. Measure of Damages. In the event this Agreement shall be terminated by reason of Tenant’s default, Owner shall be entitled to recover from Tenant and Tenant shall pay to Owner:
  30. A sum equal to all expenses incurred by Owner in recovering possession of the Leased Area and all reasonable costs and charges for the care and maintenance of the Leased Area while vacant, which damages shall be due and payable by Tenant to Owner at such time or times as such expenses shall have been incurred by Owner.
  31. A sum equal to the amount of all rent reserved under this Agreement less the net rent, if any, collected by Owner on reletting the Leased Area, which shall be due and payable by Tenant to Owner on the several days on which the rent reserved in this Agreement would have become due and payable.
  32. All other damages accruing to Owner under the terms of this Agreement or allowed by law.
  33. Reasonable attorney fees, court costs, and other expenses advanced to enforce or protect the prevailing party’s rights under this Agreement.
  34. Interest on the aforesaid damages, from the several dates due at the highest rate then allowed by law.
  35. Timely Performance. Time is of the essence in this Agreement; however, no delay by a party to this Agreement in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy or constitute a waiver of any existing or subsequent default by any other party to this agreement.
  36. Rights Cumulative. All rights and remedies provided for in this Agreement or which either party may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises.
  37. Assignment. Tenant shall have no right to assign this Agreement or sublet the whole or any part of the Leased Area.
  38. Successors Bound. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of all parties executing this Agreement.
  39. Notice. Unless otherwise required by law, any notice or demand required or permitted by the terms of this agreement shall be sufficient and deemed complete when expressed in writing and either (a) personally delivered to the person entitled thereto, or (b) deposited at any office of the United States Postal Service in the form of certified mail addressed to the last known mailing address of the person entitled thereto, or (c) served on the person entitled thereto in the manner of an original notice under the Iowa Rules of Civil Procedure.
  40. Entire Agreement. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements, representations, promises and agreements, oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties.

Interpretation. Words and phrases used in this agreement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. This agreement may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Any counterpart of this agreement may be executed by facsimile signatures on the part of one or more of the parties hereto provided that each signature page containing a facsimile signature on behalf of any one party also contains an original signature on behalf of at least one other party.

In Witness Of This Agreement Owner and Tenant have executed this Agreement in duplicate under date of the _____ day of ______, 20___.

City of Slater, Iowa
BY: / BY:
, Mayor
- Owner - / - Tenant -