New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.10 - APPENDIX

Current through Register Vol. 35, No. 13, July 16, 2024
Standard Lease Form (for Non-Profit/Charitable Organization
				  Lessee).
LEASE AGREEMENT
(Non-Profit/Charitable
Organization Lessee)
THIS LEASE is made by and between the State of New Mexico,
				  Property Control Division, General Services Department hereinafter ("Lessor").
				  and _________________________________________, (hereinafter "Lessee").
WHEREAS, Lessor through the _________________________
				  Department, previously used ______________________________(Name of Building or
				  Land) in ____________________(Location of Land) New Mexico, and for several
				  years has not had any use of this real property; and,
WHEREAS, the ___________________________ (Name of Building or
				  Land) described hereinafter is not needed for the operation of any state
				  agencies and constitutes an economic drain because of the necessity of cleaning
				  and policing such land without receiving any benefit to the Lessor; and,
WHEREAS, Lessee proposes to ______________________________
				  (general description of use or proposed use of land), without any cost to
				  lessor for construction, maintenance, or any upkeep whatsoever, for the
				  purposes of providing ___________________ (general description of Lessee's
				  program) ___________________________ (area served) in ____________________, New
				  Mexico.
NOW, THEREFORE, in consideration of the foregoing, the rent
				  herein reserved, the covenants herein contained, and for the good and valuable
				  consideration, Lessor does hereby lease, demise and let unto Lessee the
				  property herein described for the term and in accordance with the conditions
				  herein set forth. The parties agree as follows:
1.
Description:
The
				_________________ (acreage, buildings, etc.) Leased herein is designated on the
				(survey, map, drawings, etc.) attached hereto as Exhibit "A" and incorporated
				herein as though set forth in full, consisting of (give location and size of
				building or land) ____________________ in _____________________, New Mexico,
				more particularly described (give legal description, if
				available)__________________________
2.
Term:
The base term shall be
				for ___________years, beginning the _______day of ___________, 19_____, and
				ending the __________day of ______________, 19____.
3.
Rent:
Lessee agrees to pay
				Lessor, and Lessor agrees to accept as rent for the Premises, the sum of
				________ dollar(s) ($____) per year payable annually (insert monthly fees if
				applicable), the first installment to be paid on or before the
				10th day of the first month of the lease year, and
				each succeeding installment to be paid (annually or monthly) thereafter
				throughout the term of this lease.
4.
Condition of Premises:
Lessee
				hereby acknowledges that Less has made an on-site inspection and knows the
				conditions of said Premises, that no representations as to the condition of the
				Premises have been made by Lessor, and Lessee hereby accepts the demised
				Premises in their present condition.
5.
Ownership of Improvements:
All improvements on the Premises shall be owned by Lessee during the term of
				this lease; upon expiration of the term they shall be owned by Lessor,
				[provided however, (insert list of exceptions, if any.)]
				______________________________________________________________________.
6.
Utilities:
Lessee will pay
				for the extension of all necessary utilities to the Premises and will pay
				promptly all utility charges which may be incurred in connection with Lessee's
				use of the Premises, and will save Lessor harmless therefrom. Lessee will pay
				all costs associated with the acquisition of utility meters and utility service
				to the Premises.
7.
Maintenance.
Lessee shall, at Lessee's sole expense keep and
				maintain the Premises and all improvements thereon in a reasonable state of
				repair and preservation, and shall not suffer or permit any continuing nuisance
				thereon.
8.
Assignment and
				Subletting:
Lessee may not assign, sublet, mortgage, subordinate,
				alienate or hypothecate the Premises, or any part thereof, without the express
				written consent of Lessor.
9.
Signs and Personal Property:
Lessee may place signs on the
				Premises only with the advance written approval of Lessor. Such approval shall
				not be unreasonably withheld by Lessor. All personal property, signs and
				improvements of Lessee, its employees, agents, customers and invites kept on
				the Premises shall be at the sole risk of the Lessee, and Lessor shall not be
				liable for any damage thereto.
10.
Taxes:
Lessee assumes and agrees to pay, before they become
				delinquent, all taxes, including but not limited to, taxes assessed by the
				____________________ (Name of Conservancy District or other specific tax),
				which may be lawfully levied and assessed against either the Premises, the
				improvements constructed thereon, or the contents therein, or all of these,
				during the term of this lease; provided that Lessee may in good faith contest
				the amount or validity of such taxes and, in such event may permit the taxes to
				remain unpaid while contested unless, because of the delay in payment, the
				Premises will be subject to loss. Lessor shall forward all tax billings
				received to lessee.
11.
Inspection:
Lessee will permit Lessor to come upon the Premises at
				all reasonable times in order to inspect the condition, use, safety or security
				of the Premises and any improvements thereon.
12.
Laws:
Lessee will comply
				with all applicable federal, state and local laws and ordinances and with all
				applicable rules and regulations of Lessor, and will insure that those persons
				using the Premises so comply. Lessee shall indemnify Lessor and hold it
				harmless from and against any and all claims, damages, loss and liability
				(including, but not limited to attorney's fees and costs of litigation)
				suffered by Lessor by reason of Lessee's failure to comply with the foregoing
				terms of this paragraph.
13.
Non-Discrimination:
Lessee, with respect to employment of staff
				and to those persons using the Premises and/or receiving services from Lessees,
				shall not discriminate unlawfully with respect to race, sex, national origin,
				age, physical handicap, religion or as to any other class protected against
				discrimination by applicable state or federal laws.
14
Indemnity:
Lessee shall
				defend, indemnify and hod Lessor harmless from action, proceedings, loss,
				costs, damages, liability and all other liabilities and expenses, including but
				not limited to attorney's fees, and cost of litigation, incurred by Lessor by
				reason of any claim against Lessor arising out of this lease and/or the
				operation of the Premises, except those claims arising out of the active
				conduct or negligence of Lessor's employees acting in the course of their
				employment for the benefit of Lessor and not Lessee.
15.
Notice:
All notices relating
				to this lease shall be in writing and shall be delivered to the following
				addresses and, if mailed, sent certified or registered mail: LESSOR: Property
				Control Division General Services Department 715 Alta Vista, Santa Fe, New
				Mexico 87503. LESSEE: (Name:) ______________________________(Address:)
				____________________________or to such other addresses as either party may give
				to the other party by written notice as set forth above.
16.
Waiver:
No failure on the
				part of Lessor to exercise, and no delay in exercising, any right, power or
				privilege hereunder shall preclude other or further exercise thereof, or the
				exercise of any other right, power or privilege. The rights or limitations
				herein provided are cumulative and not exclusive of any rights and remedies
				otherwise provided by law or equity.
17.
Expiration:
Upon termination
				of this lease by reason of the expiration of the term, Lessee will peaceably
				surrender to Lessor possession of the Premises and all improvements thereon in
				good condition and repair, reasonable wear and tear excepted.
18.
Insurance:
Lessee shall
				carry and maintain in full force and effect during the term of this lease and
				any extension thereof at Lessee's sole cost and expense and as additional rent
				hereunder, public liability insurance covering bodily injury, disease, illness
				or death and property damage liability, in a form and with an insurance company
				acceptable to Lessor, with limits of coverage not less than $300,000 for each
				person and $500,000 in the aggregate for bodily injury, disease, illness or
				death with respect to any one occurrence, and $100,000 for each accident for
				property damage liability, for the benefit of both Lessor and Lessee as
				protection against all liability claims arising from the Premises, causing
				Lessor to be named as an additional-names insured on such policy of insurance,
				and delivering a copy thereof to Lessor upon the commencement of the term of
				this lease.
19.
Default of
				Lessee and Remedies of Lessor:
If any of the following events, "Events
				of Default", shall occur:
(A) Lessee's failure
				to pay any tax or special assessment which Lessee is obligated to pay pursuant
				to this lease lawfully assessed against the Premises so that it becomes
				delinquent for a period of ninety (90) days, unless the payment thereof is
				contested in good faith by Lessee with such period of time in the manner stated
				in paragraph 10 hereof;
(B)
				Lessee's abandonment of the Premises for a period of thirty (30) continuous
				days;
(C) Lessee's breach or
				default under any other term, convenant or condition of this lease;
(D) Lessee's failure to pay when due any
				insurance premiums required to be paid hereunder; then Lessor may give Lessee
				written notice by certified or registered mail specifying what Even of Default
				has occurred. Unless the Event of Default is remedied or obviated by Lessee
				within ninety (90) days after its receipt of such notice, or unless within such
				ninety (90) day period Lessee shall have commenced and shall continue to take
				action for the purpose of remedying or obviating such Event of Default and
				shall thereafter in good faith prosecute such action to completion, Lessor may
				declare the forfeiture of the interest of Lessee in this lease by giving Lessee
				written notice thereof by certified or registered mail, and this lease shall
				terminate forthwith.
Upon receipt of such notice of forfeiture, Lessee shall
				  immediately peacefully surrender the Premises, together with all improvements,
				  building (except as otherwise provided herein) and fixtures thereon. If Lessee
				  fails to surrender the Premises, Lessor may forthwith take possession of the
				  Premises, together with all improvements, buildings and fixtures thereon,
				  either by force, summary proceedings or by any other suitable action or
				  proceedings at law or otherwise, without being liable for damages. Lessee
				  agrees that in the event of forfeiture hereunder it shall, upon request of
				  Lessor, assign, convey and transfer to Lessor the title to all improvements,
				  buildings and fixtures on the Premises. Under this remedy Lessee shall be
				  liable for the costs, expenses and attorneys' fees of Lessor in enforcing its
				  rights under this lease, including injunctive relief or the obtaining of
				  possession, and Lessor shall have a lien on all property of Lessee on the
				  Premises as security for the payment of such rental, costs, expenses and
				  attorneys' fees. Lessee shall not be liable for any future rental from the date
				  of termination if this remedy is pursued, and Lessor shall have no further
				  obligation to Lessee under this lease.