2.
RESIDENTIAL LEASE AGREEMENT
, (hereinafter the "Lessor") and
(hereinafter the "Lessee").
, by and
between the University of Maine System, acting by and through the University of
This Lease Agreement, is made and entered into this
For good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as
follows:
Premises1. . Lessor hereby leases to Lessee, and Lessee rents and takes from Lessor, the land,
building(s) and improvements located at
,
and further described in Attachment A, (the “Premises”), which Attachment is appended to, and by this
reference, incorporated into this Lease.
, Maine
. The term of this Lease shall be for a period of approximately
1 year, beginning on the date
of the closing of the sale of the Prem
ises from Lessee to Lessor and ending on
Term
day of , 20
,
, 20 .
3. Governing Law; Forum
. This Lease shall be governed by and construed under the laws of the
State of Maine, without regard to its choice of law provisions. Maine shall be the forum for any lawsuits
or claims arising under this Lease or incident hereto.
4. Rent
. Lessee shall not be required to pay rent to Lessor. The consideration for this Lease is a
reduction in the purchase price of the Premises to be paid by the Lessor to the Lessee under the Purchase
and Sale Agreement between the parties dated
, 20 .
5. Use of the Premises. Lessee will use and occupy the premises solely for the purpose of a private
residence. Use for any other purpose is prohibited without first obtaining the written consent of Lessor
therefor. The Lessee shall not lease or allow occupancy of the Premises by non-family members.
6. Condition of Premises and Repairs; Surrender
. At the expiration of the term of this Lease, or any
renewal or extension thereof, Lessee will yield up peaceably the Premises to Lessor in as good order and
condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by
the elements, and reasonable use and wear excepted. Lessee shall deliver possession of the Premises to
the Lessor free and clear of all tenancies and occupancies by any person no later than
, 20 .
7. Alterations, Additions and Improvements. Lessee shall not make, or suffer or permit to be made,
any alterations, additions or improvements in or about the Premises without first obtaining the written
consent of Lessor therefor; provided, however, that such consent, if given, will be subject to the express
condition that any and all alterations, additions and improvements shall be done at Lessee's own expense,
and that no liens of mechanics, material men, laborers, architects, artisans, contractors, subcontractors, or
any other lien of any kind shall be created against or imposed upon the Premises, or any part thereof.
8. Service to the Premises
. Where a checkmark is placed in the box of the column under a party
below, it is that party's responsibility to pay for those services to the Premises.
Lessor /Lessee
[ ] [ ] Water
[ ] [ ] Sewer
[ ] [ ] Refuse Removal
[ ] [ ] Fuel
[ ] [ ] Electricity
[ ] [ ] Heating and Cooling Systems
[ ] [ ] Maintenance and Upkeep
[ ] [ ] Carpeting
[ ] [ ] Lighting Fixtures
[ ] [ ] Telephone Installation, Service, Billing and Long Distance Charges
[ ] [ ] Cable Television
[ ] [ ] Snow Removal
[ ] [ ] Real Estate Taxes
Lessee shall furnish and pay for any other services or supplies it desires for which responsibility is not
designated above.
9. Lessor's Right of Entry
. Lessor shall have the right, upon reasonable notice, to enter upon the
Premises to inspect the same and to make any and all improvements, alterations and additions of any kind
upon the Premises.
10. Insurance
. During the term of this Lease and any extension thereof, Lessee shall maintain
insurance coverage for its personal property in an amount not less than the replacement value of that
property,
dollars($ ) and comprehensive liability insurance in an
amount not less than one million dollars ($1,000,000).
During the term of this Lease and any extension thereof, Lessor shall obtain at its own expense public
liability insurance in the amount of one million dollars ($1,000,000) per occurrence for personal injury
and/or death, one million dollars ($1,000,000) per occurrence for personal property damage, and an all
risk policy with building replacement cost coverage.
11.
. This Lease shall not be assigned, subleased, encumbered or
mortgaged in whole or in part by Lessee without the written consent of Lessor, or by Lessor without
written notice to Lessee.
12.
Assignment and Subletting
. Lessee's holding over or continued use or occupancy after expiration or
termination of this Lease, shall be construed as a tenancy from month to month and subject of the same
conditions set forth in this Lease.
13.
Holding Over
. In the event the Premises, or any part thereof, are taken, damaged consequentially
or otherwise, or condemned by public authority, this Lease shall terminate as to the part so taken, and
Lessee shall have the option within 30 days after assessing the amount of damage and amount of usable
space, to either continue with the Lease, or choose to terminate the Lease without further obligation of
either party. Any damages and payments resulting from any public authority taking, damaging or
condemnation of the Premises shall accrue to and belong to Lessor, and Lessee shall have no right to any
part thereof.
Condemnation
Notice
Entire Agreement
14. . If at any time during the term of this Lease, or any extension thereof, the Premises
shall be totally or partially destroyed by fire, earthquake, or other calamity, then this Lease shall terminate
as to the part so destroyed, and Lessee shall have the option within 30 days after assessing the amount of
damage and amount of usable space, to either continue with the Lease, or choose to terminate the Lease
without further obligation of either party. In case, however, Lessee chooses to remain in the Premises but
Lessor elects not to rebuild or repair said Premises, Lessor shall so notify Lessee by written notice within
the period of 30 days after the damaging event, and thereupon this Lease shall terminate without further
obligation by Lessee or Lessor.
15.
Destruction
. In the event Lessee fails to meet any of its obligations as required by the terms of
this Lease, Lessor, after providing thirty (30) days' written notice and an opportunity for Lessee to remedy
the situation, shall have the right in accordance with applicable law to terminate this Lease.
Termination
Lessee shall have the right to terminate this Lease without further obligation in the event Lessor breaches
any term or covenant of this Lease and after thirty (30) days' written notice fails to rectify such breach.
16. Default
. Lessor shall, on default with respect to any of the provisions of this Lease by Lessee,
provide Lessee with a written notice of any breach of the Lease terms or conditions and Lessee shall then
have 30 days either to correct the condition, or commence corrective action if the condition cannot be
corrected in 30 days. If the condition cannot be corrected in 30 days, Lessee shall have a reasonable time
to complete the correction. Lessor may elect to enforce the terms and conditions of the Lease by any other
method available under the law.
17.
. The failure of either party to exercise any of its rights under this Lease for a breach
thereof shall not be deemed to be a waiver of such rights, nor shall the same be deemed to be a waiver of
any subsequent breach, either of the same provision or otherwise.
18.
Waiver
. This Lease shall be binding upon and inure to the
benefit of the successors, personal representatives, and permitted assigns of Lessor and Lessee.
19.
Binding on Heirs, Successors, and Assigns
. This Lease (and its attachments if any) constitutes the entire understanding
between the parties with respect to the subject matter hereof and supersedes any and all prior
understandings and agreements, oral and written, relating hereto, except for the Purchase and Sale
Agreement between the parties dated
, 20 . Any amendment hereof must be in writing
and signed by both parties.
20.
. Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (I) on the day of delivery in
person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on
the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if
confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each
case properly posted and fully prepaid to the appropriate address set forth below, or such other address as
a party may provide notice of in accordance with this section:
To Lessee:
To Lessor:
21.0 . Lessor agrees to maintain the Premises in a condition fit for their intended
use, make all necessary repairs of which Lessor is or becomes aware, including adequate heat and water
and a sound physical structure.
22.
Lessor’s Covenants
Access
. Lessee has the right of reasonable ingress and egress to the leased Premises.
23. . On payment of utilities and performance of the covenants and agreements
on the part of Lessee to be paid and performed hereunder, Lessee shall peaceably have and enjoy the
leased Premises and all of the rights, privileges and appurtenances granted by this Lease.
24.
Quiet Enjoyment
. In the event one or more clauses of this Lease are declared invalid, void,
unenforceable or illegal, that shall not affect the validity of the remaining portions of this Lease.
25.
Severability
. Lessee agrees to indemnify, defend and hold Lessor harmless from and against
any and all claims, lawsuits, judgments, damages and expenses, including reasonable attorney's fees, that
Lessor may become liable to pay or defend as the result of the negligent acts or omissions of Lessee, its
employees, agents, guests, invitees or licensees, arising out of or in connection with the leasing of the
Premises pursuant to this Lease.
26.
Indemnification
. Neither party to this Lease shall be liable for non-performance of any obligation
under this Lease if such non-performance is caused by a Force Majeure. "Force Majeure" means an
unforeseeable cause beyond the control of and without the negligence of the party claiming Force
Majeure, including, but not limited to, fire, flood, other severe weather, acts of God, labor strikes,
interruption of utility services, war, acts of terrorism, and other unforeseeable accidents.
Force Majeure
IN WITNESS WHEREOF, the authorized representative of the parties have executed this Lease
Agreement on this _____ day of __________, 2004.
LESSEE:
__________________________________
__________________________________
LESSOR: University of Maine System
By____________________________________
Name_________________________________
Title__________________________________