Standard Lease Form (for Non-Profit/Charitable Organization
Lessee).
LEASE AGREEMENT
(Non-Profit/Charitable
Organization Lessee)
THIS LEASE is made by and between the State of New Mexico,
Property Control Division, General Services Department hereinafter ("Lessor").
and _________________________________________, (hereinafter "Lessee").
WHEREAS, Lessor through the _________________________
Department, previously used ______________________________(Name of Building or
Land) in ____________________(Location of Land) New Mexico, and for several
years has not had any use of this real property; and,
WHEREAS, the ___________________________ (Name of Building or
Land) described hereinafter is not needed for the operation of any state
agencies and constitutes an economic drain because of the necessity of cleaning
and policing such land without receiving any benefit to the Lessor; and,
WHEREAS, Lessee proposes to ______________________________
(general description of use or proposed use of land), without any cost to
lessor for construction, maintenance, or any upkeep whatsoever, for the
purposes of providing ___________________ (general description of Lessee's
program) ___________________________ (area served) in ____________________, New
Mexico.
NOW, THEREFORE, in consideration of the foregoing, the rent
herein reserved, the covenants herein contained, and for the good and valuable
consideration, Lessor does hereby lease, demise and let unto Lessee the
property herein described for the term and in accordance with the conditions
herein set forth. The parties agree as follows:
1.
Description: The
_________________ (acreage, buildings, etc.) Leased herein is designated on the
(survey, map, drawings, etc.) attached hereto as Exhibit "A" and incorporated
herein as though set forth in full, consisting of (give location and size of
building or land) ____________________ in _____________________, New Mexico,
more particularly described (give legal description, if
available)__________________________
2.
Term: The base term shall be
for ___________years, beginning the _______day of ___________, 19_____, and
ending the __________day of ______________, 19____.
3.
Rent: Lessee agrees to pay
Lessor, and Lessor agrees to accept as rent for the Premises, the sum of
________ dollar(s) ($____) per year payable annually (insert monthly fees if
applicable), the first installment to be paid on or before the
10th day of the first month of the lease year, and
each succeeding installment to be paid (annually or monthly) thereafter
throughout the term of this lease.
4.
Condition of Premises: Lessee
hereby acknowledges that Less has made an on-site inspection and knows the
conditions of said Premises, that no representations as to the condition of the
Premises have been made by Lessor, and Lessee hereby accepts the demised
Premises in their present condition.
5.
Ownership of Improvements:
All improvements on the Premises shall be owned by Lessee during the term of
this lease; upon expiration of the term they shall be owned by Lessor,
[provided however, (insert list of exceptions, if any.)]
______________________________________________________________________.
6.
Utilities: Lessee will pay
for the extension of all necessary utilities to the Premises and will pay
promptly all utility charges which may be incurred in connection with Lessee's
use of the Premises, and will save Lessor harmless therefrom. Lessee will pay
all costs associated with the acquisition of utility meters and utility service
to the Premises.
7.
Maintenance. Lessee shall, at Lessee's sole expense keep and
maintain the Premises and all improvements thereon in a reasonable state of
repair and preservation, and shall not suffer or permit any continuing nuisance
thereon.
8.
Assignment and
Subletting: Lessee may not assign, sublet, mortgage, subordinate,
alienate or hypothecate the Premises, or any part thereof, without the express
written consent of Lessor.
9.
Signs and Personal Property: Lessee may place signs on the
Premises only with the advance written approval of Lessor. Such approval shall
not be unreasonably withheld by Lessor. All personal property, signs and
improvements of Lessee, its employees, agents, customers and invites kept on
the Premises shall be at the sole risk of the Lessee, and Lessor shall not be
liable for any damage thereto.
10.
Taxes: Lessee assumes and agrees to pay, before they become
delinquent, all taxes, including but not limited to, taxes assessed by the
____________________ (Name of Conservancy District or other specific tax),
which may be lawfully levied and assessed against either the Premises, the
improvements constructed thereon, or the contents therein, or all of these,
during the term of this lease; provided that Lessee may in good faith contest
the amount or validity of such taxes and, in such event may permit the taxes to
remain unpaid while contested unless, because of the delay in payment, the
Premises will be subject to loss. Lessor shall forward all tax billings
received to lessee.
11.
Inspection: Lessee will permit Lessor to come upon the Premises at
all reasonable times in order to inspect the condition, use, safety or security
of the Premises and any improvements thereon.
12.
Laws: Lessee will comply
with all applicable federal, state and local laws and ordinances and with all
applicable rules and regulations of Lessor, and will insure that those persons
using the Premises so comply. Lessee shall indemnify Lessor and hold it
harmless from and against any and all claims, damages, loss and liability
(including, but not limited to attorney's fees and costs of litigation)
suffered by Lessor by reason of Lessee's failure to comply with the foregoing
terms of this paragraph.
13.
Non-Discrimination: Lessee, with respect to employment of staff
and to those persons using the Premises and/or receiving services from Lessees,
shall not discriminate unlawfully with respect to race, sex, national origin,
age, physical handicap, religion or as to any other class protected against
discrimination by applicable state or federal laws.
14
Indemnity: Lessee shall
defend, indemnify and hod Lessor harmless from action, proceedings, loss,
costs, damages, liability and all other liabilities and expenses, including but
not limited to attorney's fees, and cost of litigation, incurred by Lessor by
reason of any claim against Lessor arising out of this lease and/or the
operation of the Premises, except those claims arising out of the active
conduct or negligence of Lessor's employees acting in the course of their
employment for the benefit of Lessor and not Lessee.
15.
Notice: All notices relating
to this lease shall be in writing and shall be delivered to the following
addresses and, if mailed, sent certified or registered mail: LESSOR: Property
Control Division General Services Department 715 Alta Vista, Santa Fe, New
Mexico 87503. LESSEE: (Name:) ______________________________(Address:)
____________________________or to such other addresses as either party may give
to the other party by written notice as set forth above.
16.
Waiver: No failure on the
part of Lessor to exercise, and no delay in exercising, any right, power or
privilege hereunder shall preclude other or further exercise thereof, or the
exercise of any other right, power or privilege. The rights or limitations
herein provided are cumulative and not exclusive of any rights and remedies
otherwise provided by law or equity.
17.
Expiration: Upon termination
of this lease by reason of the expiration of the term, Lessee will peaceably
surrender to Lessor possession of the Premises and all improvements thereon in
good condition and repair, reasonable wear and tear excepted.
18.
Insurance: Lessee shall
carry and maintain in full force and effect during the term of this lease and
any extension thereof at Lessee's sole cost and expense and as additional rent
hereunder, public liability insurance covering bodily injury, disease, illness
or death and property damage liability, in a form and with an insurance company
acceptable to Lessor, with limits of coverage not less than $300,000 for each
person and $500,000 in the aggregate for bodily injury, disease, illness or
death with respect to any one occurrence, and $100,000 for each accident for
property damage liability, for the benefit of both Lessor and Lessee as
protection against all liability claims arising from the Premises, causing
Lessor to be named as an additional-names insured on such policy of insurance,
and delivering a copy thereof to Lessor upon the commencement of the term of
this lease.
19.
Default of
Lessee and Remedies of Lessor: If any of the following events, "Events
of Default", shall occur:
(A) Lessee's failure
to pay any tax or special assessment which Lessee is obligated to pay pursuant
to this lease lawfully assessed against the Premises so that it becomes
delinquent for a period of ninety (90) days, unless the payment thereof is
contested in good faith by Lessee with such period of time in the manner stated
in paragraph 10 hereof;
(B)
Lessee's abandonment of the Premises for a period of thirty (30) continuous
days;
(C) Lessee's breach or
default under any other term, convenant or condition of this lease;
(D) Lessee's failure to pay when due any
insurance premiums required to be paid hereunder; then Lessor may give Lessee
written notice by certified or registered mail specifying what Even of Default
has occurred. Unless the Event of Default is remedied or obviated by Lessee
within ninety (90) days after its receipt of such notice, or unless within such
ninety (90) day period Lessee shall have commenced and shall continue to take
action for the purpose of remedying or obviating such Event of Default and
shall thereafter in good faith prosecute such action to completion, Lessor may
declare the forfeiture of the interest of Lessee in this lease by giving Lessee
written notice thereof by certified or registered mail, and this lease shall
terminate forthwith.
Upon receipt of such notice of forfeiture, Lessee shall
immediately peacefully surrender the Premises, together with all improvements,
building (except as otherwise provided herein) and fixtures thereon. If Lessee
fails to surrender the Premises, Lessor may forthwith take possession of the
Premises, together with all improvements, buildings and fixtures thereon,
either by force, summary proceedings or by any other suitable action or
proceedings at law or otherwise, without being liable for damages. Lessee
agrees that in the event of forfeiture hereunder it shall, upon request of
Lessor, assign, convey and transfer to Lessor the title to all improvements,
buildings and fixtures on the Premises. Under this remedy Lessee shall be
liable for the costs, expenses and attorneys' fees of Lessor in enforcing its
rights under this lease, including injunctive relief or the obtaining of
possession, and Lessor shall have a lien on all property of Lessee on the
Premises as security for the payment of such rental, costs, expenses and
attorneys' fees. Lessee shall not be liable for any future rental from the date
of termination if this remedy is pursued, and Lessor shall have no further
obligation to Lessee under this lease.
20.
Uses to be Made of Premises:
The Premises shall be used for the conduct and operation
____________________________ (insert a description of Lessee's
activities/program) and for such other lawful purposes to which the Lessor
shall consent in writing. In no event shall Premises be used for any unlawful
purpose or other purpose constituting or creating a public or private
nuisance.
21.
Approval of
State Board of Finance: This lease shall not be binding or effective
until approved by the State Board of Finance of New Mexico and the Secretary of
the General Services Department.
22.
Succession: This agreement
shall extend to and be binding upon the heirs, successors and assigns of the
parties.
23. Condemnation: In the
event that all or any portion of the Premises is condemned by any governmental
body or agency, Lessor shall be entitled to all compensation awarded or paid
without participation by Lessee.
24. Early Termination of Lease: Lessor may
terminate this lease in the event that Lessor determines that the Premises is
needed by any agency or other unit of the State of New Mexico for the conduct
of state business. Should determination be made, Lessee shall be entitled to
____________ (time period) notice, in writing, from Lessor of early termination
of this lease.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals.
LESSOR:
By: ______________________________________
(Name)
Property Control Division Director
ACKNOWLEDGMENTS
STATE OF NEW MEXICO)
)ss.
COUNTY OF SANTA FE)
The foregoing instrument was acknowledged before me, the
undersigned authority, this ________ day of ____________, 19______, by
____________________, Property Control Division Director, General Services
Department, State of New Mexico. Notary Public
My commission expires: _______________________
LESSEE:
BY: ____________________________
(Name:)
(Title:)
STATE OF NEW MEXICO)
)ss.
COUNTY OF ________________________)
The foregoing instrument was acknowledged before me the
undersigned authority, this _______ day of ___________ 19____,
by_____________(Name)___________________ ___________________ (Title).
_____________________________
Notary Public
My commission expires: ________________________
APPROVED: __________________
_____________________________
SECRETARY
GENERAL SERVICES DEPARTMENT
BY: ______________________
DATE: ______________________
STATE BOARD OF FINANCE:
BY: _______________________
DIRECTOR
