BANBURY PLACE, INC
THE INTERNATIONAL HARVESTER APARTMENT HOMES
GARAGE
SHORT TERM LEASE AND INDEMNITY AGREEMENT
MONTH TO MONTH

This Agreement is made and entered into this day of , 2001 by and between Banbury Place, Inc. (hereafter Lessor), a Wisconsin Corporation with principal offices located at 323 Dewey Street North, P.O. Box 0203, Eau Claire, Wisconsin 54702-0203 and

Lessee's Name: (hereafter Lessee)
Address: 303 Putnam Street  Apartment Home -
Mail Box #
City: Eau Claire  State: WI  Zip: 54703-3533

WITNESSETH, the parties hereto agree as follows:

  1. Premises. The premises subject to this Agreement is located at Banbury Place, 800 Wisconsin Street, Building A16, The International Harvester Apartment Homes, Eau Claire, WI 54703-3533 (hereinafter referred to as the Facility). The space leased within the Facility (hereinafter referred to as leased space) is as follows:
    1.  
    2. Building A16, The International Harvester Apartment Homes, Exterior Garage Unit
  1. Term. The term of this Agreement shall be month to month, commencing on .  Lessee agrees to provide Lessor with thirty (30) day advance written notice of Lessee's intent to terminate this Lease.
  1. Rent. Lessee shall pay Lessor for the aforementioned leased space rent in U.S. dollars in the form of cash, check, or money order in the amount of $ per month. All such amounts are payable on the first day of each month at the office of Lessor.
    1.  
    2. Monthly payments of rent are allowed for the convenience of Lessee and are to be paid in advance of the rental periods. Lessee shall pay to Lessor a LATE CHARGE OF EIGHTEEN PERCENT (18%) PER ANNUM of any monthly installment not received by Lessor within FIVE (5) days after the rental payment is due. The late charge will be calculated from the due date.
       
    1. If Lessor for any reason cannot deliver possession of the leased space to Lessee at the commencement of the Agreement term, this Agreement shall not be void or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting there from, but there shall be an abatement of rent for the period between the commencement of the Agreement term and the time when Lessor does deliver possession.
       
    1. All payments by Lessee to Lessor shall be made at 323 Dewey Street North, P.O. Box 0203, Eau Claire, Wisconsin 54702-0203, payable to: Banbury Place, Inc., or to any other location as notified in writing by Lessor to Lessee.
       
    1. If any monthly installment of rent or any charge included herein as rent shall remain unpaid 30 days after the date on which the same is due, then all rent for the entire unexpired term of this Agreement shall at once become due and payable.
  1. Lessee�s Obligations. It is agreed between the parties that:
    1.  
    2. Lessee shall not make any alterations, additions or improvements to the leased space without Lessor�s prior written consent. Lessor will, at Lessee�s expense, make all repairs to leased space rendered necessary through Lessee�s fault.
       
    1. Lessee agrees to take the leased space in its present condition and keep the leased space free from debris and danger of fire or nuisance. Lessee shall, at the expiration of this Agreement, return leased space to Lessor in good condition, ordinary wear and tear accepted and return to Lessor all door access keys and electronic door operators as provided to Lessee by Lessor at the commencement of this Lease. Lessee is responsible for cleaning the leased space. Any key/clean-up/damage deposit (or portion thereof) will be refunded only when the leased space is vacated, clean and empty and the door access keys and electronic door operators returned. The key/clean-up/damage deposit for the leased space is $ , payable upon Lessee entering into this Agreement.
       
    1. Lessee shall not assign this Agreement or sublease the leased space without Lessor�sprior written consent.
       
    1. Lessee agrees to vacate and remove all personal property from the leased space on or before the expiration date of this Agreement, and if Lessee fails to do so, Lessee agrees to pay a full term of rent for each month or portion thereof for which property remains upon the leased space.
       
    1. If Lessee defaults or fails to pay rent for storage of personal property abandoned in the leased space after the termination of this Agreement, the procedures and remedies of Wisconsin Statute �704.90(4r) to (9) and (12) shall apply. A true and correct copy of said statutory provisions is attached to this Agreement and incorporated by reference, and by executing this Agreement; Lessee acknowledges receipt of said copy.
       
    1. Lessee shall comply with and conform to all state and local laws and ordinances, and all regulations of any department thereof, relating to Lessee�s use of the leased space.
       
    1. Lessee assumes all risk of loss, theft or damage to any property moved in, upon, or stored in the leased area by it from any cause whatever, including structural defects. Lessee understands that the leased space is a garage rental space, and is not a warehouse complex and that Lessor does not take custody of any property nor does it provide any insurance on any of Lessee�s property. Lessee agrees to maintain at its own expense general liability, vehicle and other insurance as provided herein, with financially responsible insurance companies of Lessee�s choice licensed to do business in Wisconsin. The commercial general liability insurance (including blanket contractual liability) shall insure against claims for bodily injury, death and property damage arising out of Lessee�s operations on the leased space. Such insurance shall afford single limit protection of at least $500,000 with respect to personal injury or death and property damage occurring or resulting from one occurrence. Lessor shall be listed as an additional insured and Lessee shall furnish Lessor with appropriate certificates of insurance properly executed by such insurance companies evidencing such coverage upon written request of Lessor. Thirty days notice shall be given to Lessor in the event of cancellation or alteration of such coverage. Lessee agrees to maintain at its own expense, fire and extended coverage, malicious mischief and vandalism insurance on Lessee�s personal property including vehicle insurance on any vehicle located in the leased space, for the full insurable value, and shall provide Lessor with a certificate of insurance properly executed by its insurance company upon written request by Lessor. If Lessee should fail to obtain or maintain the aforementioned required insurance�s throughout the term of this Agreement, Lessee agrees that by entering into this Agreement to personally assume all risk of any loss as intended to be covered by the required insurances (i.e. be �self insured�).
       
    1. Lessee shall indemnify and hold harmless Lessor, its officers, employees, agents and representatives, from and against any and all claims, demands, losses, liability, costs (including any incidental or consequential damages or attorneys fees) (hereafter Claims), or expense of any kind whatsoever (including but not limited to Claims arising from (i) loss, theft, damage or burglary in or about the leased space, by whomsoever committed; (ii) interruptions in any service utility, etc. from any cause whatsoever; (iii) fire, water, rain, snow, steam, sewage, electricity, gas or odors, from any source whatsoever, (iv) any workers� compensation or occupational disease law which arise out of, are connected with, or are attributable to the utilization of the leased space or the Facility; and (v) Claims other than those arising out of the willful or negligent acts or omissions of Lessor) and any claims, demands, losses, liability, cost or expense arising out of or resulting from the deposit, release or discharge by Lessee, its officers, employees, agents, representatives or assigns of any hazardous substances, environmental pollution or sources of environmental contamination upon or within the leased space or Facility. Further Lessee agrees that Lessor, its officers, employees, agents, assigns and representatives shall not be liable to Lessee for any damage or injury resulting from any other tenant�s operations or storage in the Facility or leased space.
       
    1. Lessee shall, at the expiration of this Agreement, return to Lessor in good condition, ordinary wear and tear accepted any door access keys and electronic door operators as originally provided to Lessee by Lessor at the commencement of this Agreement.
       
    1. Lessee shall not obstruct or use for any other purpose than for ingress or egress the streets, sidewalks, parking lots, alleyways, entrances, common areas contained within the Facility or leased space.
       
    1. Lessee shall not do anything in the leased space, or bring or keep anything therein, which will in any way increase or tend to increase the risk of fire or the rate of fire insurance, or which shall conflict with the regulations of the Fire Department or the fire laws, or with any insurance policy on the Facility or any part thereof, or which shall in any way conflict with any law, ordinance, rule or regulation affecting the occupancy and use of said leased space, which are or may hereafter be enacted or promulgated by any public authority or by the Board of Fire Underwriters.
       
    1. Lessees use and occupancy of the leased space may include the storing of personal property and/or vehicles provided, however, the property stored upon the leased space shall not be extra-hazardous, disreputable, or illegal. Lessee shall not use or knowingly permit any part of the leased space to be used for any unlawful purpose or use the leased space so as to make void or voidable any insurance in force with respect thereto or which will cause or be likely to cause structural damage to the Facility or any part thereof, or which will constitute a public or private nuisance, nor shall Lessee use or permit the leased space to be used in any manner which will violate any present or future laws or any regulations of any governmental authority. Lessee may not use the leased space for residential purposes.
       
    1. Lessee shall not operate any machinery or equipment within the leased space.
       
    1. Lessee shall not leave the leased space without locking and closing the overhead garage door after use.
  1. Lessor�s Obligations.
    1.  
    2. Lessor provides the leased space as is, clean and free of all debris.
       
    1. Lessor shall provide to Lessee two (2) door access keys and an electronic door operator necessary to enter the leased space.
       
    1. Lessor shall maintain the driveway entrance to the leased space, including the removal of snow in a timely manner.
       
    1. Lessor shall pay and be responsible for any and all taxes assessed against the real property of the Facility.
       
    1. Lessor shall maintain during the term of this Agreement an insurance policy for damage caused by fire in an amount equal to the full replacement of the Facility and improvements within the leased space and the Facility.
  1. Common Areas. Common entrance and areas of buildings of which the leased space is a part shall at all times be subject to the control and management of Lessor, and shall at all reasonable times be available to Lessee for reasonable nonexclusive use in common with other tenants. Lessor shall have the right to establish, modify and enforce rules for the common areas and the right to alter all common areas.
  1. Notice/Other. Lessee acknowledges receiving a copy of this Agreement and certifies by signing the Agreement that Lessee has read and understands the terms and conditions.

Any notice, which Lessor may desire or be required to serve upon or furnish Lessee, may be served or furnished by delivering the same by registered mail, postage prepaid, addressed to Lessee as indicated on the first page of this Agreement. Notices which Lessee may desire or be required to serve upon or furnish Lessor may be served or furnished by delivering the same by registered mail, postage prepaid, addressed to Lessor at 323 Dewey Street North, P.O. Box 0203, Eau Claire, Wisconsin 54702-0203. Lessor is required to notify under Wisconsin Statues �704.90(5)(b)( 1) an additional person known by Lessee (ie. Family, Friend, Business Associate). That additional persons name and last known address is:

Name:
Address:
City: State: Zip Code:

LESSOR HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN THE LEASED SPACE FOR RENT AND OTHER CHARGES RELATED TO THE PERSONAL PROPERTY, INCLUDING EXPENSES NECESSARY TO THE PRESERVATION, REMOVAL, STORAGE AND PREPARATION FOR SALE AND THE SALE OF THE PERSONAL PROPERTY. LESSOR MAY SATISFY THE LIEN BY SELLING THE PERSONAL PROPERTY, AS PROVIDED IN SEC. 704.90, WIS. STATUTES, IF LESSEE DEFAULTS OR FAILS TO PAY RENT FOR THE STORAGE OF PERSONAL PROPERTY ABANDONED AFTER THE TERMINATION OF THE AGREEMENT.

Lessor: Banbury Place, Inc.

John A. Kaiser, Vice President - Banbury Place, Inc

Name:

 

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