Commercial Real Estate Michigan by Betz Properties

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    2775 West Dickman Road, Battle Creek, Michigan 49037

 Term & Conditions

Here is a copy of our typical lease agreement.  (These terms may change at the discretion of the owner prior to any mutual agreement.)

 

Typical Lease Agreement:

 

1. PARTIES:

The parties to this Lease are:

Mr. Ted A. Betz
(Property Owner Address)

hereinafter referred to as "Property Owner,"

and (Your Name)

hereinafter referred to as "Tenant."
 

2. PREMISES:

Office suite C-2, a 2 room office suite,

located in building #1 at 2775 West Dickman Road, Springfield, Michigan, hereafter referred to as "Premises"

 

3. TERM:

The term of this agreement shall be for 12 months, beginning on

July 1, 2006 and ending on July 1, 2007

provided Tenant has given a 60 day prior written notice of its intent to vacate the Premises. Thereafter, the lease shall renew month to month.

 

4. RENT:

The rental amount for said premises shall be $____ per month.

Rent is payable one month in advance, on the 1st day of each month during said term.

Tenant agrees to pay a "late charge" of $2.00 per day for each rental payment that is not fully paid by the 5th day of each month.

Checks or money orders are to be made payable to Ted Betz and mailed to (Property Owner Address).

Tenant agrees to pay $20.00 for each dishonored bank check.

 

5. UTILITIES AND SERVICES:

Property Owner agrees to pay for all gas, electric, water, sewer, refuse, cleaning of common areas of building, snow removal, yard and parking area maintenance. Tenant agrees that it is their responsibility to clean their own premises.

 

6. USE OF LEASED PREMISES:

The Leased Premises shall be used and occupied by Tenant for purposes of conducting a business office. Tenant shall not use the premises for any purpose in violation of any law or ordinance, or for any purpose deemed hazardous.

 

7. SECURITY DEPOSIT:

It is agreed that Tenant shall pay a $____ security deposit on the above named premises upon execution of this lease.

The Tenant further agrees that the release of the security deposit is subject to the following conditions:

A. Full term of lease has expired.
B. A 60 day written notice was given prior to vacating premises.
C. No unpaid late charges or delinquent rents are due.
D. No damage was done to premises beyond normal wear and tear.
E. All keys returned to Property Owner.

8. TENANT'S DUTY TO MAINTAIN PREMISES:

Tenant agrees to promptly report to Property Owner any leaks, or other defects in and about the premises.
Tenant shall keep their premises in a clean and sanitary condition, and shall otherwise comply with all state and local laws requiring tenants to maintain premises.
Tenant further agrees that if it becomes necessary to have the carpet cleaned, it will be done at the Tenant's expense.
Tenant agrees to pay for any damages to doors, halls, carpet, etc., caused by themselves or their movers when moving into or out of said premises.

 

9. ALTERATIONS:

Tenant will not paint, wallpaper, or change said premises or any part thereof in any manner and will not make alterations in and about said premises without the written consent of Property Owner. Tenant will not change or add to the phone wires / outlet in and about said premises without the written consent of Property Owner.

 

10. NOISE:

Tenant agrees not to allow excessive noise in or around their premises, or allow other activity which unduly disturbs the peace and quiet of other tenants in the building. Property Owner agrees to prevent other persons in the building or common areas from similarly disturbing Tenant's peace and quiet.

 

11. INSPECTION OF PROPERTY BY OWNER:

Property Owner or his/her agent may enter the premises during reasonable hours only for the following purposes: to make repairs; or to exhibit the unit to prospective tenants, purchasers, and mortgagees. Such entries shall not be so frequent as to seriously disturb Tenant's use of the premises. Such entries shall take place only with the prior consent of Tenant, which consent shall not be unreasonably withheld.

 

12. PROPERTY OWNER'S OBLIGATION TO REPAIR AND MAINTAIN:

Property Owner shall maintain the premises thereof in a decent, safe and sanitary condition in compliance with all federal, state and local laws, regulations and ordinances. In the event that repairs are needed, the Tenant should notify Property Owner or his/her agent and should allow reasonable time for compliance.

By Michigan Law, Tenant is now exposed to the liability of any discharge of hazardous material. Tenant agrees to notify Property Owner within 1 hour of any discharge of hazardous material on said property.

 

13. TAXES:

Tenant shall comply with all local and state statutes and ordinances in the operation of its said business upon said premises. Tenant shall pay, when due, all taxes assessed against its personal property and equipment which may be upon said premises. Property Owner agrees to pay for all property taxes on said premises / building.

 

14. INSURANCE:

Tenant hereby agrees to save Property Owner harmless from all damages, claims, actions, and demands, caused by Tenant's negligence in or about said premises during the term of this Lease.

Property Owner will not be responsible for Tenant's contents of Premises.

It is therefore strongly recommended that the Tenant insure their contents of said premises against loss or damage caused by fire or any of the risks covered by standard fire and extended coverage, vandalism and malicious mischief insurance policies.

 

15. DEFAULT:

In the event of default in the payment of each month's rent, Tenant shall have fifteen (15) days grace, after written notice from Property Owner, before Property Owner may start proceedings to dispossess Tenant, which grace period shall be available to Tenant not more than on one (1) occasion in any one (1) calendar year.

In the event of any other default under the terms and conditions of this Lease, except for payment of rent, Property Owner shall give Tenant written notice of default and the nature thereof, and Tenant shall have thirty (30) days after service of such notice to repair such default. This privilege to have 30 days to correct any default is not available to Tenant more than once in any one (1) calendar year.

After such grace period or notice, it shall then be lawful for Property Owner, his successors or assigns, to reenter into and repossess the said premises and to remove Tenant and every occupant in accordance with Michigan law.

 

16. ASSIGNMENT OR SUBLEASE:

Tenant shall not assign this Lease or sublet the Leased Premises or any part thereof without the prior written consent of the Property Owner, which consent shall not be unreasonably withheld. In the event of any such assignment or subletting, the original Tenant shall continue to be liable for the payment of rent and the performance of all other terms, conditions, covenants and agreements hereunder with respect to the Leased Premises or that portion thereof sublet, as the case may be, until the expiration of the principal lease or the
optional lease, whichever is applicable.

 

17. SIGNS:

Tenant must first get the Property Owner's written approval before displaying any sign near or about the building or in any window. Under no circumstances may the tenant fasten any sign to the outside of the building. If Tenant pays to have wooden signs / plaques on the cement sign on the North side of building #1 & 2, the actual "wooden" plaques belong to the property owner and when the tenant moves from the premise, the plaques will remain with the Property Owner.

 

18. SUCCESSORS & ASSIGNS:

This Lease and all its provisions shall be binding upon the administrators, executors, representatives, and successors of the Tenant. This Lease and all its provisions shall be binding upon the administrators, representatives, successors and assigns of the Property Owner.

 

19. BANKRUPTCY OR INSOLVENCY:

The Tenant agrees that if the estate created herein shall be taken in execution or by other process of law, or if the Tenant shall be declared bankrupt or insolvent according to law, or any receiver be appointed for the business and property of the Tenant, or if any assignment shall be made of the Tenant's property for the benefit of creditors, then and in such event, this lease may be canceled at the option of the Property Owner.

 

20. DESTRUCTION OF PREMISES:

In the event the Premises are damaged by fire, wind, or other causes, the rent will be reduced during time it takes the Property Owner to have the Premises repaired or rebuilt. In the event of total destruction of the Premises by fire, or other casualty and it is impracticable for Tenant to use the Premises, this Lease may be terminated at the option of either party on written notice to the other, and in that case, Tenant shall not be liable for any rent after the date of Tenant's written notice.

 

21. POSSESSION:

Property Owner hereby covenants that Tenant, upon paying the rent at the time and in the manner specified, and upon performing the other covenants herein contained, shall occupy and use the Leased Premises for the term aforesaid, and any extension thereof.

 

22. GENERAL:

A. Topical headings appearing in this Lease are for convenience only. They do not define, limit or construe the contents of any paragraphs or clauses.

B. This Lease can be modified or amended only by a written agreement signed by Property Owner and Tenant.

C. All notices required by any of the terms and conditions of this Lease shall be in writing, signed by the person serving the same, and delivered personally or by registered or certified United States mail to the last-known address of the person entitled to the notice.

D. The laws of the State of Michigan will control in the construction and enforcement of this Lease.

E. This lease holds the person (s) signing the lease personally liable for paying the rent.

F. Tenant may not change the locks or add locks or dead bolts of any kind in said premises without the written permission of the property owner. If  Tenant does change the locks or adds locks without written permission from the property owner, there will be a charge of $50 per lock.

23. RULES AND REGULATIONS:

It is agreed by the Property Owner and the Tenant that the Rules and Regulations listed under EXHIBIT A shall be considered a part of this Lease. The Tenant's default in performance of the obligations imposed by such Rules and Regulations shall be deemed a default in the covenants and agreements contained in this Lease.

It is agreed by Tenant that he/she received a copy of said EXHIBIT A listing the rules and regulations.

 

WHEREFORE We, the undersigned, do hereby execute and agree to the above lease.

PROPERTY OWNER: _______________________________  TENANT(S): ___________________________________________


__________
Date signed:

last revised 05-12-05

 

 




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