ST. THOMAS THE APOSTLE FACILITY USE LEASE AGREEMENT
St. Thomas The Apostle Facility Use Lease Agreement
History of St. Thomas Church
This Lease Agreement is made and entered into by and between St. Thomas the Apostle Catholic Church by and through its Administrator ____________________________, whose address 16602 FM 624, Robstown, TX 78380 referred to in this Agreement as Lessor, and _____________________________, (if applicable, by and through its _______________________,) whose address is ____________________________,
referred to in this agreement as Lessee.
In consideration of the mutual covenants and agreements set forth in this Agreement, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease the building(s) located on the church premises situated on 16602 FM 624, Robstown, Texas, and more commonly referred to as the “ ________________________________.” Each party hereto waives a more detailed premises were description of property and each agrees to bound by these terms, the same as if said premises were described more fully by metes and bound. These premises are referred to in this Agreement as “the premises” or “the leased premises.”
I TERM
The term of this Agreement shall commence at ______________ o’clock __________ on the ____________ day of _________________, 20__ and
ends at _____________ o’clock p.m. on the __________________day of _____________________________, 20 ___.
II LEASE FEES
Lessee agrees to pay to Lessor the following sums within three days of the approval of Lessee’s application for lease of the said premises:
Lease Fees: $____________
Cleaning $____________
Insurance Premium $____________
As an express condition precedent hereof, Lessee shall and must deposit with Lessor immediately upon the execution of this Agreement the sum of Lessor immediately upon the execution of this Agreement the sum of $___________________, as a deposit (and not as a lease fee) to insure the full performance of this Lease Agreement by Lessee. Lessor, in addition, to all other remedies and liens provided herein, shall be entitled to have, keep and retain said deposit of $________________, in partial (but not complete) payment of damages suffered by Lessor due to Lessee’s breach or breaches of any of the terms, conditions and/or provisions hereof. In the event Lessee timely and property keeps and performs all terms, conditions and provisions hereof, said deposit of $______________ shall be returned by Lessor or Lessee at the termination of this Lease Agreement, provided, however, that such deposit shall not bear or be entitled to bear interest at any time.
Lessor shall pay and fully discharge all insurance premiums imposed on the leased premises by check made payable to the Diocese of Corpus Christ for liability insurance as required herein.
USE OF PREMISES
PERMITTED USE
Lessee agrees that the premises will be used for ________________________________________.No room or rooms on the leased premises shall be used or occupied for any other purpose other than as designed herein.No smoking will be permitted in the buildings on the leased premises and no firearms shall be allowed upon the premises, other than by a licensed security officer as provided herein.
INURANCE
Lessee shall not use, or permit the use of, the leased premises in any manner that will cause a cancellation of, or an increase in, the existing rates for fire, liability, or other insurances policies insuring the premises or any improvements on the premises, or insuring the Lessor for any liability in connection with ownership of the leased premises.
WASTE, NUISANCE, OR ILLEGAL USES
Lessee shall not use, or permit the use of, the leased premises in any manner that results in waste of leased premises or constitutes a nuisance.Nor shall Lessee use, or permit the use of, the premises for any illegal purpose.Lessee at its own expenses will comply, and will cause its officers, employees, agents, and invitees to comply, with all applicable laws and ordinances, and with all applicable rules and regulations of governmental agencies concerning the use of the leased premises.
IV CLEANING
CLEANING OF THE PREMISES BY LESSEE
A non-parishioner Lessee shall, at its own cost and expense, submit a non-refundable cleaning fee for the use and occupancy of the leased premises.This fee is mandatory.The leasing of the premises, whether by a parishioner or non-parishioner, shall include the set-up and removal of parish tables and chairs, if requested, the sweeping and mopping of the facility and the cleaning of restroom facilities by designated church personnel after the termination of this lease.This fee shall not include the removal of the all decorations, trash or other items placed in the facility by the Lessee.
A parishioner and non-parishioner Lessee has the express obligation and duty to remove all decorations trash or other items placed in the facility by Lessee.All garbage and trash shall be placed in plastic bags and upon the termination of this Lease, either be taken off the premises by Lessee or taken to the designated Church trash collection area.
LESSEE’S FAILURE TO CLEAN THE PREMISES
In the event Lessee fails to perform its obligation to clean the lease premises, as set forth hereinabove, after ten (10) days’ notice by U.S. Certified Mail Return Receipt Requested from Lessor of the need for such cleaning, Lessor may enter the premises and perform such cleaning maintenance or cause such cleaning to be made or performed, at its own expenses.Upon Lessor’s notice to Lessee of the performance and cost of any cleaning pursuant to this section.Lessee must within ten (10) days after the date of such notice reimburse Lessor for any reasonable costs incurred by Lessor pursuant to this section, together with interest on any such sum at the highest legal rate from the date of the notice until the date paid by Lessee to Lessor.In the event Lessee fails to pay such sums as agreed to herein, Lessor may proceed with the necessary legal action to collect such amounts including, but not limited to, legal fees and costs of court incurred in such collection.
UTILITIES AND GARBAGE REMOVAL
UTILITY SERVICES AND CHARGES
Lessor shall pay all utility charges for electricity and water service used in and about the leased premises during the term of the lease, all such charges to be paid by Lessor directly to the utility company of municipality.
GARBAGE REMOVAL
Lessee shall promptly remove or pay for the removal of all garbage and rubbish from the lessed premises during the term of this Agreement.
ALTERATIONS, ADDITIONS, AND IMPROVEMENTS
CONSENT OF LESSOR
Lessee shall not make any alterations, additions, or improvements to the leased premises without the prior written consent of Lessor.
PROPERTY OF LESSOR
All alterations, additions, or improvements consented to by Lessor and made by Lessee shall become the property of Lessor at termination of this Agreement.Lessor may, however, require that Lessee remove any or all alterations, additions, and improvements installed or make by Lessee, and any other property placed on the premises by Lessee within ten (10) days after the termination of this Agreement.In the event that Lessor requires Lessee to remove such alterations, additions, or improvements, Lessee shall repair any damage to the premises caused by such removal.
CHURCH DECORATIONS
The lease of the Church facility shall include a prohibition from using candles at any location other than at the existing altars unless approved by the parish priest and/or parish sacristan. In the event of such approval, all candles shall be placed on top of a plastic lining to prevent wax from falling onto the carpet or pews. All flowers placed within the Church shall be placed in a leak proof container. The Lessor shall remove all decorations placed in the Church from the Church as soon as the service is completed.
FURNITURE AND FIXTURES
The furniture and fixtures located in a Church facility shall not be removed, rearranged or altered in any manner without the express written consent of the Pastor/Administrator. In the event such removal, rearrangement or alteration is approved, it shall be the responsibility of the Lessor to return same to its original location, at Lessor’s sole expense.
INSURANCE AND INDEMNITY
LIABILITY INSURANCE
Lessee, at its cost and expense, shall provide and maintain in force during the term of this Agreement, liability insurance from Catholic Mutual or another reputable insurance company.A certificate of insurance showing a minimum coverage in the amount of Five Hundred thousand and No/100 Dollars ($500,000.00) for bodily injury per person, per damage per person, per occurrence and Five Hundred Thousand and no/100 Dollars ($500,000.00) for property damage per person, per occurrence; or combined single bodily and property Insurance limit in the minimum amount of One Million ($1,000,000.00) Dollars. Such certificate shall name the Diocese of Corpus Christi and St. Thomas the Apostle as additional insureds under the policy. This insurance is to be carried by one or more insurance companies authorized to transact business in Texas and approved by Lessor.
REMEDY FOR FAILURE TO PROVIDE INSURANCE
Lessee shall furnish Lessor with certificates of all insurance required by this article at least two weeks prior to the execution of the Agreement.If Lessee does not provide such certificates upon Lessor’s delivery of possession to Lessee, or if Lessee allows any insurance required under this article to lapse, Lessor may, at its option; take out and pay the premiums on the necessary insurance to comply with Lessee’s obligations under the provisions of this article. Lessor is entitled to reimbursement from Lessee for all amounts spent by it to procure and maintain such insurance, with interest at the rate of Twelve (12%) percent per annum from the date of receipt of Lessor’s notice of payment until reimbursement by Lessee.
HOLD-HARMLESS CLAUSE
Lessee agrees to indemnify and hold Lessor and the Diocese of Corpus Christi harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney’s fee for the defense for such claims and demands, arising out of our resulting from Lessee’s use of the leased premises to the extent such damages or claims are caused in whole or in part by any negligent act or omission of Lessee, or any one directly or indirectly employed by Lessee, or anyone whose acts for which Lessee may be liable.It is the express intention of the parities hereto that Lessee shall indemnify and hold Lessor harmless from the conduct of Lessee on the leased premises, or its use of the leased premises or from negligence of Lessee, its agents, contractors, employees, concessionaries, or licensees in or about the leased premises.In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, agrees to defend the action or proceed by counsel acceptable to Lessor.
LEASE HOURS
The lease of any St. Thomas the Apostle Church facility shall be for a total period not to exceed three (5) hours, including the use of the electrical utilities. In no event shall a facility be leased for a period of time beyond midnight.In the event the lease of facility requires the use of the facility prior to an event (i.e. for decorating or preparation purposes), the use of the electrical utilities during such time shall be included in the respective 5-hour limitation.The use of a facility beyond the applicable amount of hours shall result in an additional charge of$50.00 per hours.
IX KEYS TO FACILITY
Upon the leasing of any Church facility as set forth hereinabove, one key shall be issued to the Lessee from the Church office and said key shall be returned to the Church office within 24 hours of the conclusion of the event for which this Lease Agreement applies.
DAMAGE OR DESTRUCTION OF PREMISES
If the leased premises, or any structures or improvements on the leased premises should be damaged or destroyed by any act of Lessee, Lessee’s guest, employees, licensees or concessionaires, Lessee shall give immediate written notice of the damage or destruction to Lessor, including a description of the damage and, as far as known to Lessee, the cause of the damage.Lessee agrees to pay for any such damage within 10 days of an itemized statement for the costs of such damage; failure by Lessee to pay for such damages after receipt of said itemized damages shall incur interest at the highest rate allowed by law at the time of such damage, for which Lessor shall be entitled to attorney’s fee and costs of court for such collection.
ALCOHOL FREE ZONE
Under no circumstance is alcohol allowed in any church building or facility or in the parking lot of St. Thomas the Apostle Church.
XII DEFAULT
Default/Breech by Lessee
If Lessee shall default and/or breach in any provision of the Lease Agreement, Lessor may at its option, without notice to Lessee, terminate this Agreement and Lesse e shall be liable to Lesser for all unpaid rent or damages incurred by Lessor as the result of such breach, together with interest on such amounts in the amount of ten percent (10%) per annum from the date of such breach until paid in full by Lessee.
Default by Lessor
If Lessor defaults in the performance of any term, covenant, or condition required to be performed by it under this Agreement, Lessee may elect to do either one of the following:
After not less than ten (10) day notice to Lesser, Lessee may remedy such default by any necessary action and, in connection with such remedy, may pay expenses and employ counsel. All sums expended, or obligations incurred, by Lessee in connection with remedying Lessor’s default shall be paid by Lessor to Lessee on demand and, on failure of such reimbursement, Lessee may, in addition to any other right or remedy that Lessee may have, deduct these costs and expenses from rent subsequently becoming due under this Agreement.
Lessee may terminate this Agreement on giving at least ten (10) day notice to Lessor of such intention. In the event Lessee elects this option, this Agreement will be terminated on the date designated in Lessee’s notice, unless Lessor has cured the default prior to expiration of the ten (10) day period.
Waiver of Breach
A waiver by either Lessor or Lessee of a breach of this Agreement by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement.
INSPECTION BY LESSOR
Lessee shall permit Lessor and Lessor’s agents, representatives, and employees to enter into and on the leased premises at all reasonable times for the purpose of inspection or any other purpose necessary to protect Lessor’s duties under this Agreement.
XIV ASSIGNMENT AND SUBLEASE
Lessee may not sublet, assign, encumber, or otherwise transfer this Agreement, or any right or Interest in this Agreement or in the leased premises orthe improvements on the leased premises, without the written consent of Lessor.If Lessee sublets, assigns, encumbers, or otherwise transfers its rights or interests in this Agreement or in the leased premises or the improvements on the leased premises without written consent of Lessor, Lessor may, at its option, declare this Agreement terminated.In the event Lessor consents in writing to an assignment, sublease, or other transfer of all or any of Lessee’s rights under this Agreement, the assignee or sublessee must assume all of Lessee’s obligations under this Agreement, and Lessee shall remain liable for every obligation under the Agreement.
XV MISCELLANEOUS
Notices and Addresses
All notices required under this Agreement must be given by certified mail or registered mail, addressed to the proper party, postage prepaid, at the following addresses:
LESSOR
St. Thomas the Apostle
16602 F.M. 624
Robstown, TX 78380
LESSEE
______________________
______________________
______________________
Either party may change the address to which notices are to be sent it by giving the other party notice of the new address in the manner provided in this section.
B . Parties Bound
This Agreement shall be binding upon, and insure to the benefit of, the parties to the Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement.
C. Texas Law to Apply
This Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Agreement are performable in Nueces County, Texas, and the parties hereto agree and stipulate that each and every element of any parties cause of action for a breach hereof accrued in Nueces County, Texas.
D . Legal Construction
In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, or unenforceability shall not affect any other provision of the Agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement.
E. Prior Agreements Superseded
This Agreement constitutes the sole and only agreement of the parties to the Agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement.
F. Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the parties this Agreement.
G. Rights and Remedies Cumulative
The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party’s right to sue any or all remedies. The rights and remedies provided in this Agreement are in addition to any other rights the parties may have by law, statue, ordinance, or otherwise.
H. Attorney’s Fees and Costs
If, as a result of a breach of this Agreement by either party, the other party employs an attorney or attorneys to enforce its rights under this Agreement, then the breaching or defaulting party agrees to pay the other party the reasonable attorney’s fees and costs incurred to enforce the agreement.
Force Majeure
Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, floods, and any other cause not reasonable within the control of Lessor or Lessee and which y the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome.
Time of Essence
Whenever any payment is to be made under this Agreement, at or within a time stated, and whenever any act is to be done under this Agreement, by either party, at, or within a stated time, time shall be of the essence of this Agreement.
K. Condition of Premise
The Lessee covenants that he has examined the leased premises and office furniture, knows the condition of said premises and office furniture, and has received said premises and office furniture in good order and repair.
The undersigned Lessor and Lessee execute this Agreement, in duplicate originals on the __________ day of __________, _______ in Nueces County, Texas.
LESSOR: St. Thomas the Apostle
By:___________________________________
Pastor/ Administrator
LESSEE _______________________________
Revised 3/2018
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