FORM 105

REAL ESTATE LEASE AGREEMENT

(Public Entity is the Lessor.  Lessee is a Non-Governmental Entity)

AGREEMENT, between __________________ (Governmental Entity) (herein referred to as "LESSOR") and __________________________ (herein referred to as "LESSEE");

W I T N E S S E T H:

LESSOR leases and rents to LESSEE, and LESSEE leases and rents from LESSOR, the real property described on attached Exhibit "A" (if part of a building is leased, the leased area will be out-lined in red on a sketch of the building). 

The term of this lease is for a period of _____________ (years)(months) commencing on ______________ and terminating on _________________ under the following terms and conditions:

1.    RENT:  LESSEE agrees to pay LESSOR rent for the premises in monthly installments of $________ per (month)(year), due and payable by the (10th day of each month)(____________ of each year).

2.            TRIPLE NET LEASE:  The parties agree that this will be a fully net lease to LESSOR.  In addition to the rent, LESSEE agrees to pay o reimburse LESSOR for all expenses attributed to the leased property, including, but not limited to replacement value, fire insurance, liability insurance, property taxes, and all exterior and interior maintenance necessary to maintain the premises in as good condition as the same are now in. 

3.            PROPERTY OF LESSEE:  LESSEE agrees to provide property insurance on its property and hereby releases and discharges LESSOR of and from any liability for damage to the property of LESSEE while on the leased premises. 

4.            WARRANTIES:  There are no warranties by LESSOR, and LESSEE, in executing this lease, is relying upon its own judgment, information, and inspection of the property.

5.            ALTERATIONS AND IMPROVEMENTS:  No alteration, additions or improvements shall be made to the structure, nor any sign placed upon the leased premises by LESSEE without first obtaining the written consent of LESSOR.  All alterations, additions or improvements made by LESSEE shall be the property of LESSOR and surrendered with the premises at termination of this lease. 

6.            ENTRY BY LESSOR:  LESSOR shall have the right to enter the leased premises at any reasonable time to examine the same and determine the maintenance and state of repair. 

7.    FIRE OR OTHER LOSS:   If any structure shall be damaged by fire, the elements or other causes, LESSOR will cause the same to be promptly repaired and restored unless caused by the acts or negligence of LESSEE or its employees, in which case LESSEE shall promptly restore and repair the premises.  If any structure is so damaged as to be unfit for use or occupancy, the rent of LESSEE shall be adjusted accordingly.  If any structure is destroyed to the extent of fifty percent (50%) or more of its value, LESSOR may, at its option, terminate this lease rather than restore the premises. 

8.            INDEMNIFICATION:  LESSEE agrees to indemnify, defend, and hold harmless LESSOR, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of LESSEE, LESSEE’s agents, employees, or representatives under this Agreement.

9.            HAZARDOUS WASTE:  LESSEE agrees not to store, generate, or otherwise use or bring upon the property any hazardous waste as defined by federal, state or local laws or regulations.

10.  TIME OF ESSENCE AND DEFAULT:  Time is of the essence of this agreement.  If LESSEE defaults in any of the terms of this agreement for a period of ten (10) days after written notice of default has been sent by LESSOR, then LESSOR, at its option and in addition to all other legal and equitable remedies, may declare this lease forfeited and terminated and re-enter and repossess the leased premises.  Upon such forfeiture and termination, all rights of LESSEE under this agreement shall immediately terminate.  Provided, however, that nothing herein shall be considered an election of remedies or limitation of damages.

11.            RENEWALS:  Upon termination of this lease, LESSEE shall have the right to renew it for _________ additional _________ (year)(month) periods by giving written notice of renewal at least ________ days before the termination of this lease or any renewal thereof.  All renewals of this lease shall be under all of the same terms and conditions of this lease, or as agreed by the parties.

12.            ASSIGNMENT OR SUBLETTING PROHIBITED:  LESSEE shall not assign this lease nor sublet the whole or any part thereof without the written consent of LESSOR. 

13.  USE OF PROPERTY:  LESSEE will use the property for the purpose of _________________________ and shall at all times comply with all laws, regulations and ordinances.  The LESSEE'S use of the property shall not be changed without the consent of LESSOR.

14.            ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

15.            ATTORNEY FEES:  If action is brought to enforce the terms or provisions of this lease, or to enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law.  In addition, LESSEE agrees to pay the sum of $______________ for costs and attorney fees for each notice of default served upon LESSEE by LESSOR. 

16.            SERVICE OF NOTICES:  Any notice may be served upon LESSOR by certified mail to LESSOR at _____________________________ _______________________________, and any notice may be served upon LESSEE by certified mail to LESSEE at_____________________________________________________________.  Service of a notice by certified mail shall be deemed complete upon the date of the postmark by certified mail.  Either party may change the address for services of notice by written notice to the other party. 

DATED this _______ day of _______________, 20____.

Form and content approved by __________________ as attorney for _______________ (Governmental Entity).