Professional Documents
Culture Documents
paid, and the performance of the covenants herein set forth, hereby leases unto the TENANT,
and TENANT hereby rents from LANDLORD the property described below located in
1. DESCRIPTION OF PROPERTY:
“Leased Premises”).
2. USES:
The Leased Premises are to be used as an urban agriculture site for the TENANT.
For purposes of this lease agreement, an urban agriculture site is defined as land used for the
business with the primary purpose of growing food for sale on site and elsewhere (including for-
profit and non-profit enterprises). It is anticipated that urban agriculture will provide economic
development and entrepreneurial opportunities in the City’s food system, and also provide a
source of fresh, local produce and products for sale and/or consumption.
After commencement of the Lease, TENANT shall use and occupy the Leased
Premises continuously on an uninterrupted basis and shall not permit the Leased Premises to be
used for any other purpose or purposes without the prior written consent of the LANDLORD,
which consent may be granted or withheld in its sole discretion. If and so long as TENANT pays
the rent reserved hereunder and observes and performs all of the covenants, conditions and
provisions on TENANT’s part to be observed and performed hereunder, TENANT shall and may
peaceably and quietly have, hold and enjoy the Leased Premises, for the entire term hereof,
termination as herein provided, the term of this Lease shall be for five (5) year(s), commencing
B. Provided TENANT is not in default of any of the terms of this Lease, the
LANDLORD hereby grants to TENANT the option to renew this Lease for an additional five (5)
C. It is agreed by the parties hereto that upon the expiration of the original
Term, and if exercised, the Additional Term, this Lease shall terminate and there shall be no
It is agreed that in order to exercise the above renewal option, TENANT must
give written notice to LANDLORD at least sixty (60) days prior to expiration of the Term.
4. CANCELLATION:
It is agreed between the parties hereto that if TENANT exercises its option to
renew this lease for an Additional Term, then after completion of the initial Term, either party
may cancel and terminate the lease during the Additional Term thereof for any reason
whatsoever, by the giving of eighteen (18) months’ written notice to the other. If notice is given
pursuant to this section, then the Lease shall terminate immediately upon the expiration of said
5. RENT:
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A. The annual rent for said Leased Premises shall be ONE HUNDRED
DOLLARS ($100.00) per year, payable in a lump sum upon the date of approval of this Lease by
6. TAXES:
If applicable, the TENANT shall pay as additional rent all taxes and assessments
general and special, ordinary and extraordinary, foreseen and unforeseen now or hereafter
against the Leased Premises by the State of Maryland Department of Assessments and Taxation
The TENANT shall not assign this Lease for the whole or any part of the Term,
nor sublet the whole or any part of said Leased Premises without the prior written approval of the
The TENANT accepts the Leased Premises in its current existing “as is”
condition. The LANDLORD covenants and agrees to perform and do, at its own expense, the
NONE
A. The TENANT covenants and agrees to perform and do at its own expense
i. Pay for all utilities including such services as electric power, heat, sewer,
and water or any other utility charges that accrue on the Leased Premises
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during the Term and, if applicable, the Additional Term, and ny other
charges that may be related to TENANT’S use of the Leased Premises;
ii. Keep the sidewalk adjacent to the Leased Premises and the entrance
thereto reasonably clear of ice, snow and debris;
iii. During the Term and, if applicable, the Additional Term, keep the Leased
Premises in good order and condition and, upon the expiration of the
Term, Additional Term, or at the sooner termination thereof, by forfeiture
or otherwise deliver up the Leased Premises in the condition they were
received, usual wear and tear excepted, but it may remove, to the extent
possible, any fixture or improvements that it has installed, subject,
however, to the prior written approval of the LANDLORD, which
approval shall not be unreasonable withheld.
iv. Provide security for the Leased Premises during the weekends and outside
of normal working hours during the week. LANDLORD shall not be
liable to TENANT for losses due to theft or burglary, or for damages done
by unauthorized persons on the Leased Premises.
vii. Maintain grounds and vegetation on the site which are part of the Leased
Premise in accordance with City Code.
All work and installations herein provided to be done by the TENANT shall be
completed in accordance with the terms of this Lease, in a workmanlike manner and shall be
subject to the approval of LANDLORD which approval shall not be unreasonably withheld.
commencement of the Term, the Leased Premises shall be approved by the required Department
which may include Health and Fire Departments and the Department of Housing and
Community Development, each of which departments may issue certificates of occupancy. The
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work to be done as a condition for such approval shall be performed by the TENANT, unless
11. SIGNS:
of such color, size, and style as shall be mutually agreed to by the parties and in compliance with
At all times during the term of this Lease, LANDLORD and/or any other duly
authorized representatives of the City shall, at all reasonable hours, be permitted to enter upon
and inspect the Leased Premises. The LANDLORD may opt to make an annual inspection of the
To the extent there are any improvements on the Leased Premises at the time of
the execution of this Lease, LANDLORD will carry adequate fire insurance on the Leased
14. INDEMNIFICATION:
The TENANT shall indemnify, defend and hold harmless the LANDLORD, its
elected/appointed officials, employees and agents from any and all claims, demands, suits, and
actions, including attorney’s fees and court costs, connected therewith, brought against the
LANDLORD, its elected/appointed officials, employees and agents, arising as a result of any
direct or indirect, willful or negligent act or omission of the TENANT, its employees, agents, or
volunteers, EXCEPT for activities caused by the sole negligent act or omission of the
LANDLORD, its elected/appointed officials, employees, and agents arising out of this Lease.
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15. LANDLORD AND TENANT LIABILITY:
any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity,
water, rain or snow, or from the pipes, conduits, appliances or plumbing works, or from any
other place or by dampness or by any other cause of whatsoever nature, unless caused by or due
to the gross negligence of LANDLORD, its agents, servants, or employees. All personal
property and equipment located on the Leased Premises shall be at the risk of TENANT.
improper conduct of TENANT, or its agents, servants, employees, invitees or licensees in the use
defects in any of the equipment or Leased Premises which the LANDLORD is required to
maintain and furnish; provided, however, that in the event it is impractical because of emergency
conditions or otherwise to give such notice in writing, notice may be given by telephone or such
other means as TENANT may reasonably determine; but in any event, all such notices shall be
Each of the following shall be deemed a default by TENANT and a breach of this
Lease:
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A. The filing of a voluntary petition by TENANT or involuntary petition
against TENANT under the provisions of the Bankruptcy Code or becoming insolvent as that
term is defined in the Bankruptcy Code, which either (i) is not dismissed within thirty (30) days
of filing or (ii) results in the issuance of an order for relief against the debtor;
Leased Premises or a subletting of any part of the Leased Premises without the written
D. The filing of a tax lien against the property of TENANT used by the
TENANT in conjunction with this Lease (unless such lien is removed or bonded within thirty
agreement or condition of the Lease on the part of TENANT to be performed after fifteen (15)
days’ written notice, or such longer period as may be requested to cure the failure provided
TENANT informs the LANDLORD in writing of the reason for the delay and is diligently
pursuing such cure, but in no event longer than ninety (90) days unless extended by the
LANDLORD; and
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18. LANDLORD’S RIGHTS AND REMEDIES UPON TENANT’S DEFAULT:
statute or otherwise and for such purposes, LANDLORD shall be entitled to the benefit of all
provisions of applicable City Ordinances and public local laws and of the public general laws of
the State of Maryland dealing with the speedy recovery of lands and tenements held over by
necessity of resorting to legal action, and without being liable for prosecution thereof, and
without being deemed guilty of trespass, enter upon and take possession of the Leased Premises,
thereby terminating the Lease. LANDLORD may (i) remove any and all of TENANT’s property
at the Leased Premises, (ii) store TENANT’s property in a public warehouse or elsewhere at the
cost, risk and expense of TENANT; and (iii) upon ten (10) days written notice to TENANT,
which LANDLORD and TENANT agree is commercially reasonable, to sell (subject to any pre-
existing lien or security interest) at public or private sale any or all said property whether exempt
or not from sale under execution or attachment (such property being deemed charged with a lien
in favor of LANDLORD for all rent and additional rent due hereunder), with the proceeds of sale
to be applied; first, to the cost and expense of retaking, or removal, storage, preparing for sale
and sale of TENANT’s property, including reasonable attorney’s fees; and second, to the
LANDLORD from exercising any other right or from having any other remedy or from
maintaining any action to which it may be otherwise entitled, either in law or equity; and the
failure of LANDLORD to insist in any one or more instances upon a strict performance of any
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covenants of TENANT under this Lease, or to exercise any option or right herein contained,
shall not be construed as a waiver or relinquishment for the future of such covenant, right, or
option, but the same shall remain in full force and effect unless the contrary is expressly stated in
writing by LANDLORD.
termination of the Lease, then TENANT shall be liable to pay LANDLORD and shall pay
LANDLORD upon demand the higher of: (a) two (2) times the rent otherwise payable, or (b)
two (2) times the market rent, during such holdover period.
(a) Except in strict accordance with all federal, state and local laws, and only
when required in connection with the uses permitted hereunder, TENANT shall not at any time
store or use on the Leased Premises, (i) any “hazardous waste” as defined and regulated by the
Resource Conservation, and Recovery Act of 1976 (“RCRA”), as amended from time to time,
and regulations promulgated hereunder; (ii) any “hazardous substance” as defined and regulated
(“CERCLA”), as amended from time to time, and regulations promulgated hereunder; (iii) any
“oil” as defined and regulated by the Maryland Environmental Article Code Ann. Sec. 4-401, as
amended from time to time; (iv) any “controlled hazardous substance” as defined and regulated
by the Maryland Environmental Article Code Ann., Title 7, subtitle 2, as amended from time to
time and regulations promulgated hereunder; and (v) any substance the presence of which on the
Leased Premises is prohibited by any other federal, state, or local law, now existing or
hereinafter enacted applicable to the Leased Premises (all items referred to in subparagraph (i)
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dispose of, treat, or manufacture any Hazardous Substances on, under or about the Leased
Premises.
elected/appointed officials, employees, agents and representatives from and against any and all
losses, costs, liabilities, including but not limited to environmental liabilities, demands,
obligations, claims, suits, actions and expenses, including but not limited to attorney’s fees,
consultant fees and court costs connected therewith, brought against the LANDLORD, its
reason of injury to persons, including death, and damage to property arising out of or resulting
from any direct, or indirect, acts or omissions of TENANT, its contractors, subcontractors,
violations of this Clause 20. This provision shall be in addition to and separate from, any
remedies available to LANDLORD for breach by TENANT of its obligations under any
provisions of this Agreement and shall in no way limit any recourse that the LANDLORD may
have at the time against TENANT pursuant to any federal, state, or local laws. The provision of
TENANT will, during the Term and, if applicable, Additional Term, keep the
Leased Premises and appurtenances in good order and condition and will, upon the expiration of
the Term or Additional Term, or at the sooner termination thereof, by forfeiture or otherwise,
deliver up the Leased Premises in the condition they were received, usual wear and tear excepted
TENANT will pay for the repair, or cause to be promptly repaired, any damage to the Leased
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Premises, attributed to the carelessness or neglect of the TENANT or its servants, agents and
employees. TENANT’s obligation to observe or perform this covenant shall survive the
TENANT further agrees and understands that limited permission is granted for the
structures include, but are not limited to hoop houses, greenhouses, garden sheds, picnic
22. CONDEMNATION. In the event the whole or a substantial part of the Leased
Premises shall be taken for any public or quasi-public purpose by any lawful power or authority
shall have the right to terminate this Lease effective as of the date possession is required to be
surrendered to said authority, and the rent and additional rent shall be apportioned as of the date.
For purposes of this section, a substantial part of the Leased Premises shall be considered to have
been taken if, in LANDLORD’s opinion, the taking shall render it commercially undesirable for
LANDLORD to permit this Lease to continue or to continue operating the Leased Premises.
TENANT shall not assert any claim against LANDLORD or the taking authority for any
compensation arising out of or related to such taking and LANDLORD shall be entitled to
receive the entire amount of any award without deduction for any estate or interest of TENANT.
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A. To show the Leased Premises to prospective tenants or brokers during the
last one hundred eighty (180) days of the Lease Term, the Additional Term, or 18 month
cancellation period; to show the Leased Premises to prospective purchasers at all reasonable
times provided that prior notice is given to TENANT in each case and that TENANT’s use and
occupancy of the Leased Premises shall not be materially inconvenienced by any such action of
LANDLORD; and to place and maintain a “FOR RENT” sign on the doors or in the windows of
the Leased Premises during the last one hundred eighty (180) days of the Lease Term.
All rights and liabilities herein given to or imposed upon either of the parties
hereto shall extend to their successors, and, so far as the same is assignable by the terms hereof,
25. NOTICES:
All notices required or permitted under the terms of this Lease to be given by
either party to the other shall be in writing, hand-delivered, sent by a nationally recognized
overnight delivery service, or mailed by United States Certified or Registered Mail, postage pre-
(REPRESENTING TENANT)
____________
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_____________
_____________
_____________
(original)
(REPRESENTING LANDLORD)
Baltimore Department of Housing
and Community Development
417 E. Fayette Street, 13th Floor
Baltimore, Maryland 21202
Attention: Commissioner
(original)
With a copy to
Director of Finance
Bureau of Treasury Management
Collections Division
200 N. Holliday Street
Baltimore, Maryland 21202
Or to such other person and addresses that may be designated in writing by the LANDLORD and
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27. DISCLOSURE:
interest, director or indirect, in this Lease nor shall any member, official, or employee participate
in any decision relating to this Lease which affects his/her personal interest or the interests of any
LANDLORD shall be personally liable to the TENANT, in the event of any default or reach of
the TENANT, or for any amount which may become due to the TENANT or on any obligations
28. TIME:
performance of any and all obligations, terms and provisions of this Lease.
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OTHER ACTION OR SUMMARY PROCEEDING BASED ON TERMINATION, HOLDOVER
A. GOVERNING LAW. The laws of the State of Maryland shall govern the
B. COVENANTS. The parties hereto agree that all the provisions of this Lease
are to be construed as covenants and agreements as though the words importing such covenants and
agent of LANDLORD has made any representations or promises with respect to the Leased
Premises except as herein expressly set forth, and no rights, privileges, easements or licenses are
and attached hereto, form an integral part of this Lease and are hereby incorporated by reference.
shall each include each of the other genders and the use of the singular shall include the plural.
table of contents in this Lease are inserted only as a matter of convenience, and in no way amplify,
define, limit, construe or describe the scope or intent of this Lease nor in any way affect this Lease.
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remaining terms and provisions of this Lease, or the application of such term or provision to persons
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or circumstances other than those as to which it is held or unenforceable, shall not be affected
thereby, and each term and provision of this Lease shall be valid and enforced to the fullest extent
permitted by law.
but all counterparts shall constitute one and the same legal document.
that each has full right, power and authority to enter into this Lease upon the terms and conditions
herein set forth. If TENANT signs as a corporation, each of the persons executing this Lease on
behalf of TENANT does hereby covenant and warrant that TENANT is a duly authorized and
existing corporation, qualified to do business in the jurisdiction in which the Leased Premises is
located, that the corporation has full right and authority to enter into this Lease, and that each and
both of the persons signing on behalf of the corporation were authorized to do so. If TENANT
signs as a partnership, each of the persons executing this Lease on behalf of TENANT does hereby
covenant and warrant that TENANT is a duly formed and validly existing partnership, that the
partnership has full right and authority to enter into this Lease, and that each of the persons signing
drawn by LANDLORD, this Lease shall not be construed for or against LANDLORD or TENANT,
but this Lease shall be interpreted in accordance with the general tenor of the language in an effort
agreement between the parties, and any agreement hereafter made shall be ineffective to change,
discharge or effect an abandonment in whole or in part unless such Lease is in writing and signed by
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the party against whom enforcement of the change, modification, discharge or abandonment is
sought.
L. BINDING EFFECT. This Lease shall be binding upon and shall inure to the
benefit of the parties hereto, and the heirs, personal representatives, successors and assigns of said
parties.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
WITNESS/ATTEST: LANDLORD
MAYOR AND CITY COUNCIL OF
BALTIMORE
TENANT
NAME: _________________________
By: ________________________(SEAL)
Authorized Agent Print
_________________________________
Special Assistant City Solicitor
________________________ _________
Clerk Date
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STATE OF MARYLAND
To Wit:
CITY OF BALTIMORE
____________
NOTARY
PUBLIC
My Commission Expires:
STATE OF MARYLAND
To Wit:
CITY OF BALTIMORE
_____________________________
NOTARY
PUBLIC
My Commission Expires:
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