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YMCA of Stanislaus County

VIEWS: 9 PAGES: 4

									Aspire Public Schools

DRAFT
LEASE AGREEMENT This Lease agreement is entered into this ____ day of July 2004 by and between the Aspire Public Schools, a California not-for-profit public benefit corporation, hereinafter called LANDLORD and _______ , hereinafter called TENANT, for the Lease of certain school real property on the terms and conditions set forth hereafter. WHEREAS Landlord is the owner of that certain property (the Premises) at located at ______________________________, California, and; WHEREAS, the Tenant desires to provide _________________________________ on the premises and; WHEREAS, the ___________________________ has demonstrated competence in providing religious and community services, and a willingness to do so, and; WHEREAS, Tenant desires to let from Landlord the premises known as the multi-purpose room and three classrooms. Additional classrooms will be let at the rate ______________________ Dollars ($_______) per month each. WHEREAS, Landlord is willing to let to Tenant the Premises on the terms and conditions set forth herein; NOW, THEREFORE, Landlord and Tenant (the parties) for good and valuable consideration agree as follows: 1. 2. TERM: The term of this Lease shall be _____________________________. RENT: The monthly Lease payment commencing ______________________ shall be _____________________ and xx/100 Dollars ($_______). This Lease amount shall be inclusive all rents, maintenance and utilities and shall be due and payable, in advance, at the commencement of the lease term and on the first of every month thereafter. TERMINATION: The Landlord or Tenant may terminate this Lease without penalty upon thirty (30) days written notice. USE OF PREMISES: Tenant shall use the Leased facilities to __________________________________ COMPLIANCE WITH LAWS: Tenant shall not use the Lease premises in any way, which will conflict with any law, statute, ordinance or governmental rule. Sub-Tenant shall be responsible for obtaining any use permits, licenses or other permission to operate from the city or other governmental agencies having jurisdiction.

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TENANT’S ACCESS: Tenant shall have the right to enter the premises in accordance with the schedule attached hereto as Exhibit “B”:

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MAINTENANCE AND REPAIR: Landlord shall be responsible for all maintenance of the Lease premises during the duration of this Lease. Tenant shall be responsible for the payment any damage, abuse or abnormal wear and tear to the Premises due to Tenant’s use. SERVICES PROVIDED BY TENANT: Tenant shall provide for custodial services to the Leased space, to include services such as emptying of trash and cleaning and supplying bathrooms, vacuuming and keeping the interior in a neat, clean and orderly condition in compliance with all county and state Health and Safety and Licensing codes. ALTERATIONS, ADDITIONS AND IMPROVEMENTS: Tenant shall not make any changes or alterations whatsoever to the Lease premises or construct new improvements within the Lease premises. INDEMNIFICATION BY TENANT: Tenant shall indemnify the Landlord and Landlord and its entities (as defined in the Master Lease), including, but not limited to Landlord, Landlord, and their officers, directors, employees, and agents (“Landlord and Landlord Indemnities”) and hold Landlord and Landlord Indemnities harmless from any and all loss, cost, damage, injury or expense arising out of or related to (1) claims of injury to or death of persons or damage to property resulting from activities of Tenant or its agents, contractors, employees or invitees during the term and arising out of, or relating to this Lease, the tenancy created under this Lease, or the premises, and (2) claims for work or labor performed or for materials or supplies furnished to or at the request of Tenant or in connection with performance of any work done for the account of Tenant on the Premises. If any action or proceeding is brought against Landlord or Landlord by reason of any such matters, Tenant, upon notice from Landlord, will defend same at Tenant’s expense by counsel reasonably satisfactory to the Landlord and Landlord. The obligation set forth hereunder shall survive the expiration or sooner termination of this Lease. The foregoing indemnity and covenant to defend shall not be applicable to claims to the extent arising from the negligence or willful misconduct of Landlord or Landlord. INSURANCE: Tenant shall at all times during the term hereof, and at its own cost and expense, procure and continue general liability insurance in the amount of at least $2,000,000. Said policies shall: 1) specifically cover the indemnity provisions of this Lease and the Master Lease; 2) name Landlord and Landlord as an additional insured; 3) not be cancelled or coverage reduced without forty-five (45) days prior written notice to Landlord; 4) be primary over any other insurance carried by Landlord. The above conditions shall be set forth on a Certificate of Insurance and provided to Landlord prior to occupancy by Tenant. a. The procuring of such required policy or policies of insurance shall not be construed to limit Tenant’s liability hereunder or to fulfill the indemnification provision and requirements of this Lease. b. The Landlord shall be solely responsible for providing fire insurance with extended coverage for the Leased premises. In the event the demised premises shall be damaged or destroyed by fire or other calamity, Landlord shall promptly

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and with due diligence repair or restore the same to substantially the same condition they were in prior to the happening of said event. If such repairs or restoration cannot be reasonably made within three (3) months from the date of the damage or destruction, then either party may cancel and terminate this Lease by giving written notice to the other party within thirty (30) days after a responsible building contractor reasonably determines that said repairs or restorations cannot be made within said three (3) months period. 12. NOTICES: All notices or demands of any kind required or desired to be given by Landlord or Tenant hereunder shall be in writing and shall be deemed delivered forty eight (48) hours after depositing the notice in the United States mail, addressed to the Landlord or Tenant respectively at the address set forth after their signatures at the end of this Lease. 13. UTILITIES: Landlord shall be responsible for paying for electricity and for trash pickup. Tenant shall furnish their own telephone service.

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AUTHORIZED AGENTS: The parties executing this document will act as authorized agents of their respective organizations.

LANDLORD: Aspire Public Schools, a California not-for-profit public benefit corporation

TENANT: ___________________________

DRAFT
_______________________ Charles P. Robitaille Director of Real Estate

DRAFT
_____________________

ADDRESS FOR NOTICES: Aspire Public Schools 426 17th Street, Suite 200 Oakland, California 94612-2820 (510) 251-1660 Xt. 137 ___________________________

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Exhibit “A” School Site Usage by ___________________________ August 2004 1st 8th 15th 22nd 29th September 5th 12th 19th 26th October 3rd 10th 17th 24th 31st November 7th 14th 21st 28th December 5th 12th 19th 26th January 2nd 9th 16th 23rd 30th Time 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m.

8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m. 8:00 a.m. – 1:00 p.m.

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