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CHURCH LEASE AGREEMENT
--- For Non-Residential Purposes ---
This Lease Agreement is made on MM DD, YYYY.
BETWEEN
Name of Landlord
whose address is
Street Address, City, New Jersey Zip Code
referred to as the "Landlord,"
AND
Name of Tenant
whose address is
Street Address, City, New Jersey Zip Code
referred to as the "Tenant."
1. PREMISES
The Landlord agrees to lease to the Tenant and the Tenant agrees to rent from the Landlord, the following described
Premises:
The property known as [Church name], located at Street Address, City, New Jersey Zip Code. Subject to section
6 the subject Premises shall not include the Rectory until the provisions of section 6 are satisfied.
2. TERM
This Lease is for a term of # years commencing on MM, DD YYYY, and ending on MM, DD YYYY.
3. SECURITY DEPOSIT
The Tenant shall make a $X,XXX.XX security deposit with the Landlord as security that the Tenant will comply with
all the terms of this Lease. If the Tenant complies with the terms of this Lease, the Landlord will return this
deposit within 30 days after the end of the Lease, including any extension. The Landlord may use as much of the
deposit as necessary to pay for damages resulting from the Tenant's occupancy. If this occurs prior to the Lease
termination, the Landlord may demand that the Tenant replace the amount of the security deposit used by the Landlord.
If the Landlord sells the property, the Landlord may transfer the deposit to the new owners for the Tenant's benefit.
The Landlord will notify the Tenant of any sale and transfer of the deposit. The Landlord will then be released
of all liability to return the security deposit. The Landlord will fully comply with any applicable Rent Security
Laws.
4. USE OF PROPERTY
The Premises are to be used and occupied only and for no purpose other than a house of worship. The Tenant will
not, and will not allow others, to occupy or use the Premises, full or partial, for any purposes other than as
specified in this Section 4, nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account
of fire or other casualty. The Landlord shall exercise no control over, and is not responsible for, the operations
of the Tenant's facility, including staffing, curriculum decisions, and the like.
5. RENT
The Tenant agrees to pay rent at the rate of $X,XXX.XX per month, due on the First day of each month. The first
payment of rent and any security deposit is due upon the signing of the Lease by the Tenant. The Tenant must pay
a late charge of $XXX.XX as additional rent for each payment that is more than ten (10) days late. This late charge
is due with the monthly rent payment. The tenant must also pay a fee of $25.00 as additional rent for any dishonored
check.
6. USE OF THE RECTORY
The Rectory located on the Premises described in Section 1 shall not be available for the use of the Tenant as
long as the current vicar remains in possession. Upon the termination of the use of the Rectory by the current
vicar, the Tenant may use the Rectory on the same terms and conditions described in this lease for an additional
monthly payment of $XXX.XX per month. Use of the property shall be in accordance with the provisions of Section
4.
7. REPAIRS AND CARE
The Tenant has examined the Premises and has entered into this Lease without any representation on the part of
the Landlord as to the condition of the Premises. The Tenant shall take good care of the Premises and shall at
the Tenant's own cost and expense, make all repairs, including painting and decorating, and shall maintain the
Premises in good condition and state of repair, and at the end or other expiration of the terms of this lease,
deliver the rented Premises in good order and condition, wear and tear from reasonable use, and damage by the elements
not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall neither encumber nor obstruct
the sidewalks, walkways, driveways, yards, entrances, hallways and stairs, but shall keep and maintain the same
in a clean condition, free from debris, trash, refuse, snow and ice. The Landlord, Chief Financial Officer and
Property Officer shall approve all repairs or alterations in excess of $1,000.00. Tenant shall be responsible
for all operating expenses for the subject property together with all utilities and operating costs, costs of snow
removal, lawn care, cleaning and maintenance.
8. ALTERATIONS AND IMPROVEMENTS
No alterations, additions or improvements shall be made, and no climate regulating, air conditioning, cooling,
heating or sprinkler systems, television or radio antennas, heavy equipment, apparatus and fixtures, shall be installed
in or attached to the leased Premises, without the written consent of the Landlord. Unless otherwise provided
herein, all such alterations, additions or improvements when made, installed in or attached to the said Premises,
shall belong to and become the property of the Landlord and shall be surrendered with the Premises upon the expiration
or sooner termination of this Lease, without hindrance, molestation or injury.
9. SIGNS
The Tenant shall not place nor allow to be placed any signs, upon, in or about the Premises, except with pre-approval
from the Landlord in writing. Any signs permitted by the Landlord shall at all times conform with all municipal
ordinances or other laws and regulations applicable.
10. COMPLIANCE WITH LAWS, ETC.
The Tenant shall promptly comply with all laws, ordinances, rules, regulations, requirements and directives of
all Governmental or Public Authorities and of all their subdivisions, applicable to and affecting the Premises,
their use and occupancy, and shall promptly comply with all orders, regulations requirements and directives of
the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about
to issue policies of insurance covering the Premises and its contents, for the prevention of fire or other casualty,
damage or injury, at the Tenant's own cost and expense. The Tenant shall be responsible for the installation and
maintenance of all smoke alarms, fire alarms, and fire extinguishers as required by local and state fire codes
and insurance regulations.
11. ASSIGNMENTS AND SUBLEASING
The Tenant may not, without the written consent of the Landlord, assign, mortgage or hypothecate this Lease. The
Tenant may, with the prior written consent of the Bishop and the Standing Committee of the Episcopal Diocese of
Newark, sublet or sublease the Premises or any part of the Premises on such terms and conditions as may be required
by the Bishop and the Standing Committee. The restriction on assignment and subletting will also apply to:
a. any assignment or subletting that occurs by operation of law (including by merger, consolidation, reorganization,
transfer or other change in or of the tenant's structure);
b. any assignment or subletting to or by a receiver or trustee in any federal or state bankruptcy, insolvency or
other proceedings;
c. the sale, assignment or transfer of all or substantially all of the assets of the Tenant outside of the ordinary
course of the Tenant's business, with or without specific assignment of this Lease; or
d. if the Tenant is an entity the direct or indirect sale, redemption or other transfer of fifty (50%) or more
of the voting equity interests in the Tenant or the acquisition of a fifty percent (50%) or more voting equity
interest in the Tenant. The Landlord's consent to assignment or subletting shall not be unreasonably withheld
or delayed.
12. LIABILITY INSURANCE
The Tenant, at the Tenant's own cost and expense, shall obtain or provide and keep in full force for the benefit
of the Landlord, and acceptable to the Landlord in its sole discretion, during the term of the lease, liability
insurance including both property damage and general liability coverage insuring the Landlord against any and all
liability or claims of liability arising out of, occasioned by or resulting from any accident or otherwise in or
about the leased Premises for injuries to any persons, for limits of not less than $ 250,000 for property damage,
$500,000 for injuries to one person and $ 1,000,000 for injuries to more than one person in any accident or occurrence.
The insurance policies shall be with companies authorized to do business in this State and shall be delivered
to the Landlord, together with proof of payment, not less than fifteen (15) days prior to the commencement of the
terms of this lease or of the date when the Tenant shall enter in possession, whichever occurs sooner. At least
fifteen days prior to the expiration or termination date of any policy, the Tenant shall deliver a renewal or replacement
policy with proof of the payment of the premium for the Premises outlined in Section 1.
13. INDEMNIFICATION
The Tenant also agrees to and shall hold harmless and indemnify the Landlord from and for any and all payments,
expenses, costs, attorneys and fees (including attorney fees incurred in enforcing the Tenant's obligation under
Section 12) and from and for any and all claims and liability for losses or damage to property or injuries to persons
occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or the Tenant's agents, employees,
guests, licenses, invitees, subtenants, assignees or successors, or for any cause or reason whatsoever arising
out of or by reason of the occupancy or business of the Tenant, even if such damage or injury is allegedly caused
or contributed to by any act or omission of the Landlord.
14. RIGHT OF FIRST REFUSAL
The Landlord grants to the Tenant a right of first refusal with respect to the Parcel identified in Section 1 subject
to the following terms and conditions. If Landlord receives a bona fide offer (the "Offer") from an
unrelated third party to purchase the Premises, which Offer the Landlord desires to accept, the Landlord shall
advise the Tenant of the terms of the Offer and provide the Tenant with a written copy of the Offer. The Landlord
shall have ten (10) days (excluding holidays and not more than one (1) intervening weekend) within which to agree
in writing to make an offer substantially in accordance with the Offer received from the third party purchaser.
If the Tenant does not make such an offer, the Tenant shall not have any further rights under this Lease. Should
a sale of the Premises to an entity other than the Tenant occur during the term of the lease as stated in section
2, the Landlord shall give notice to the Tenant and notwithstanding any other provision of this lease; the Tenant
shall have sixty (60) days from the date of the notice to vacate the Premises.
15. MORTGAGE PRIORITY
This Lease shall not be a lien against the Premises with respect to any mortgages that may hereafter be placed
upon the Premises. The recording of such mortgages shall have preference and be superior and prior in lien to
this Lease, irrespective of the date of recording. The Tenant agrees to execute any instruments, without cost,
which may be deemed necessary, to further effect the subordination of this Lease to any such mortgages. A refusal
by the Tenant to execute such instruments is a violation and shall entitle the Landlord to cancel this Lease.
16. CONDEMNATION EMINENT DOMAIN
If any portion of the Premises of which the leased Premises are a part shall be taken under eminent domain or condemnation
proceedings, or if suit or other action shall be instituted for the taking or condemnation, or if in lieu of any
formal condemnation proceedings or actions, the Landlord shall grant an option to purchase and/or shall sell and
convey the Premises or any portion of the Premises, to the governmental or other public authority, agency, body
or public utility, seeking to take the land and Premises or any portion thereof, then this Lease, at the option
of the Landlord, shall terminate, and the term shall end as of the date that the Landlord shall fix by notice in
writing. The Tenant shall have no claim or right to claim or be entitled to any portion of any amount that may
be awarded as damages or paid as the result of such condemnation proceedings or paid as the purchase price for
such option, sale or conveyance in lieu of formal condemnation proceedings. All rights of the Tenant to damages,
if any, are assigned to the Landlord. The Tenant agrees to execute and deliver any instruments, at the expense
of the Landlord, as may be deemed necessary to expedite any condemnation proceedings or to effectuate a proper
transfer of title to such governmental or other public authority, agency, body or public utility seeking to take
or acquire the land and Premises or any portion of either. The Tenant agrees to vacate the land and Premises,
remove all of the Tenant's personal property from the land and Premises and deliver up peaceable possession of
the land and Premises to the Landlord or to such other party designated by the Landlord. The Tenant shall repay
the Landlord for such costs, expenses, damages and losses that the Landlord may incur if the Tenant breaches this
agreement.
17. FIRE AND OTHER CASUALTY
In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the Premises shall
be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as
practicable, but the Tenant's obligation to pay the rent shall not cease. If, in the opinion of the Landlord,
the Premises are so substantially damaged as to render them untenantable, then the rent shall cease until such
time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the
Premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall be paid up
to the time of such destruction and this Lease shall come to an end. However, the provisions of this clause shall
not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness,
negligence or improper conduct of the Tenant or the Tenant's agents, employees, guests, licensees, invitees, subtenants,
assignees or successors. In such case, the Tenant's liability for the payment of the rent and the performance
of all the covenants, conditions and terms of this lease on the Tenant's part to be performed shall continue and
the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall
have been insured against any of the risks covered in this agreement, then the proceeds of such insurance shall
be paid over to the Landlord to the extent of the Landlord's costs and expenses to make the necessary repairs,
and such insurance carriers shall have no recourse against the Landlord for reimbursement.
18. REIMBURSEMENT OF LANDLORD
If the Tenant fails to or refuses to comply with any of the terms and conditions of this Lease, the Landlord may
carry out and perform such conditions at the cost and expense of the Tenant, which amounts shall be payable on
demand to the Landlord. This remedy shall be in addition to such other remedies as the Landlord may have by reason
of the breach by the Tenant of any of the terms and conditions of this Lease.
19. INCREASE OF INSURANCE RATES
If for any reason it shall be impossible to obtain fire and other hazard insurance on the buildings and improvements
on the leased Premises, in an amount and in the form and in insurance companies acceptable to the Landlord, the
Landlord may, at any time, terminate this Lease, upon giving to the Tenant fifteen (15) days' notice in writing
of the Landlord's intention to do so. Upon giving such notice, this Lease shall terminate. If by reason of the
use to which the Premises are put by the Tenant or character of or the manner in which the Tenant's business is
carried on, the insurance rates for fire and other hazards shall be increased, the Tenant shall upon demand, pay
to the Landlord, as rent, the amounts by which the premiums for such insurance are increased.
20. INSPECTION AND REPAIR
The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, have the right
to enter into and upon the Premises or any part thereof, at all hours, for the purpose of examining the Premises
or making repairs or alterations as may be necessary for the safety and preservation of the Premises. This clause
shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the
Landlord to make such inspection or repairs.
21. RIGHT TO EXHIBIT
The Tenant will permit the Landlord and the Landlord's agents, employees or other representatives to show the Premises
to anyone wishing to rent or purchase the Premises, and the Tenant agrees that on and after 60 days preceding the
expiration of the term of the lease, the Landlord or the Landlord's agents, employees or other representatives
will have the right to place notices on the front of the Premises or any part of the Premises, offering the Premises
for rent or for sale; and the Tenant will permit the notices to remain posted without hindrance or molestation.
The Tenant will also permit the Landlord and the Landlord's agents, employees or other representatives to show
the Premises to prospective mortgagees of the Premises or the land and improvements of which the Premises are a
part.
22. REMOVAL OF TENANT'S PROPERTY
Any equipment, fixtures, goods or other property of the Tenant, not removed by the Tenant upon the termination
of this Lease, or upon any quitting, vacating or abandonment of the Premises by the Tenant, or upon the Tenant's
eviction, shall be considered as abandoned and the Landlord has the right, without any notice to the Tenant, to
sell or otherwise dispose of the same, at the expense of the Tenant, and shall not be accountable to the Tenant
for any part of the proceeds of such sale, if any.
23. EVENTS OF DEFAULT; REDEMIES UPON TENANT'S DEFAULT
If there should occur any default on the part of the Tenant in the performance of any conditions and covenants
contained in this lease, or if during the term of this lease the Premises or any part thereof shall be or become
abandoned or deserted, vacated or vacant, or should the Tenant be evicted, the Landlord, in addition to any other
remedies contained in this lease or as may be permitted by law, may either by force or otherwise, without being
liable for prosecution, or for damages, re-enter, possess and enjoy the Premises. The Landlord may then re-let
the Premises and receive the rents for the Premises and apply the same, first to the payment of such expenses,
reasonable attorney fees and costs, as the Landlord may have incurred in re-entering and repossessing the same
and in making such repairs and alterations as may be necessary; and second to the payment of the rents due under
the terms of this lease. The Tenant shall remain liable for such rents as may be in arrears and also the rents
that may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved
under the terms of this lease and the rents, if any, received by the Landlord during the remainder of the unexpired
term of the lease, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies
arise and are ascertained each month.
24. TERMINATION ON DEFAULT
If an Event of Default occurs, the Landlord may, at any time thereafter, terminate this Lease and the terms outlined
in this lease, upon giving to the Tenant, five (5) days' notice in writing, of the Landlord's intention to do so.
Upon giving such notice, this Lease and the term outlined in this lease shall end on the date fixed in the written
notice as if that date was the date originally fixed in this Lease for the expiration of the lease; and the Landlord
shall have the right to remove all persons, goods, fixtures and chattels from the Premises, by force or otherwise,
without liability for damage.
25. NON-LIABILITY OF THE LANDLORD
The Landlord shall not be liable for any damage or injury which may be sustained by the Tenant or any other person,
as a consequence of the failure, breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste or
soil pipes, roof, drains, leaders, gutters, valleys, downspouts or the like or of the electrical, gas, power conveyor,
alarm, refrigeration, sprinkler, air-conditioning or heating systems, elevators or hoisting equipment; or by reason
of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other Tenant
or of the Landlord or the Landlord's agents, employees or other representative or any other Tenant's agents, employees,
guests, licensees, invitees, subtenants, assigns or successors; or attributable to any interference with, interruption
of, or failure beyond the control of the Landlord, of any services to be furnished or supplied by the Landlord.
This limitation on the Landlord's liability will not apply to damage or injury resulting from the gross negligence
or willful misconduct of the Landlord or of the Landlord's agents, employees, guests, licensees, invitees, assignees
or successors.
26. NON-WAIVER BY THE LANDLORD
The various rights, remedies, options and elections of the Landlord, expressed in this Lease, are cumulative.
The failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this
Lease or to exercise any election or option, or to resort or have recourse to any remedy herein conferred or the
acceptance by the Landlord of any installment of rent after any breach by the Tenant, in any one or more instances,
shall not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord of any such
conditions and covenants, options, elections or remedies, but the same shall continue in full force and effect.
27. NON-PERFORMANCE BY THE LANDLORD
This Lease and the obligation of the Tenant to pay the rent under the terms of this Lease and to comply with the
covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord's
inability to supply any service or material called for herein, by reason of any rule, order, regulation or preemption
by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason
of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble
or for any cause beyond the control of the Landlord.
28. VALIDITY OF LEASE
The terms, conditions, covenants and provisions of this Lease shall be deemed to be severable. If any clause or
provision contained in this Lease shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction
or by operation of any applicable law, it shall not affect the validity of any other clause or provision herein,
but such other clauses or provisions shall remain in full force and effect.
29. NOTICES
All notices required under the terms of this Lease shall be given and shall be complete by mailing such notices
by certified or registered mail, return receipt requested, to the address of the parties as shown at the head of
this Lease, or to such other address as may be designated in writing, which notice of change of address shall be
given in the same manner. Until changed in a subsequent designation, all notices to the Tenant shall be addressed
to Name of Tenant, Street Address of Tenant, City, State and Zip Code.
30. TITLE AND QUIET ENJOYMENT
The Landlord covenants and represents that the Landlord is the owner of the premises leased and has the right and
authority to enter into, execute and deliver this Lease; and does further covenant that the Tenant on paying the
rent and performing the conditions and covenants contained in this Lease, shall and may peaceably and quietly have,
hold and enjoy the leased premises for the term aforementioned.
31. ENTIRE CONTRACT
This Lease contains the entire contract between the parties. No representative, agent or employee of the Landlord
has been authorized to make any representations or promises with reference to the within letting or to vary, alter
or modify the terms hereof. No additions, changes or modifications, renewals or extensions hereof, shall be binding
unless reduced to writing and signed by the Landlord and the Tenant.
32. LIENS
If any construction or other liens shall be created or filed against the leased premises by reason of labor performed
or materials furnished for the Tenant in the erection, construction, completion, alteration, repair or addition
to any building or improvement, the Tenant shall upon demand, at the Tenant's own cost and expense, cause such
lien or liens to be satisfied and discharged of record together with any lien claims that may have been filed.
Failure so to do, shall entitle the Landlord to resort to such remedies as are provided herein in the case of
any default of this Lease, in addition to such as are permitted by law.
33. WAIVER OF SUBROGATION RIGHTS
The Tenant waives all rights of recovery against the Landlord or the Landlord's agents, employees or other representatives,
for any loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured.
The Tenant shall obtain from Tenant's insurance carriers and will deliver to the Landlord, waivers of the subrogation
rights under the respective policies.
34. ESTOPPEL CERTIFICATES
The Tenant will at any time and from time to time upon not less than five (5) days' prior notice by the Landlord,
execute, acknowledge and deliver to the Landlord or by other party specified by the Landlord, a statement in writing
certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that
this Lease is in full force and effect as modified and stating the modifications) and the dates to which the rent,
additional rent and other charges have been paid, and stating whether or not, to the knowledge of the signer of
such certificate, the Tenant or the Landlord is in default in performance of any covenant, agreement or condition
contained in this Lease, and, if so, specifying each such default of which the signer may have knowledge, as well
as certifying to such other matters as the Landlord or the intended recipient of such certificate may reasonably
request.
35. CONFORMATION WITH LAWS AND REGULATIONS
The Landlord may pursue the relief or remedy sought in any invalid clause, by conforming the said clause with the
provisions of the statutes or the regulations of any governmental agency as if the particular provisions of the
applicable statutes or regulations were set forth herein at length in this Lease.
36. NUMBER AND GENDER
In all references herein to any parties, persons, entities or corporations the use of any particular gender or
the plural or singular number is intended to include the appropriate gender or number as the text of the within
instrument may require. All the terms, covenants and conditions herein contained shall be for and shall inure
to the benefit of and shall bind the respective parties hereto, and their heirs, executors, administrators, personal
or legal representatives, successors and assignees.
37. ADDITIONAL PROVISIONS
The Tenant located in the subject property shall be relocated within a reasonable period of time based upon the
best efforts of the Landlord.
38. LIABILITY FOR PROPERTY TAXES
The Tenant shall be liable for any property taxes assessed against the Premises by state or municipal taxing authorities
as a result of the use of the premises by the Tenant.
In Witness Whereof, the parties have set their hands and seals, or caused these presents to be signed by their
proper corporate offices and their proper corporate seal to be hereto affixed the day and year first above written.
For Name of the Landlord
By: __________________________________________
NNNNNNNNNNNNNNNNNNNNNNN
Title
For Name of Organization leasing Church
By: __________________________________________ NNNNNNNNNNNNNNNNNNNNNNN
Title
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