EXHIBIT 10.61
Lease-BUSINESS PROPERTY - SHORT FORM
THIS AGREEMENT, made and entered into this 1st day of December, 1996, by
and between AmerUs Properties, Inc., ("Landlord"), whose address, for the
purpose of this lease, is: 0000 Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxx Xxx Xxxxxx,
Xxxx 00000, and AmerUs Life Holdings, Inc. ("Tenant"), whose address for the
purpose of this lease is: 000 0xx Xxxxxx, Xxx Xxxxxx, Xxxx 00000.
The parties agree as follows:
1. PREMISES AND TERM. Landlord leases to Tenant the following real
estate, situated in Polk County, Iowa:
Space in the Liberty Building at 000 0xx Xxxxxx, Xxx Xxxxxx, Xxxx as
follows:
Basement - partial
First Floor - partial
Sixth Floor - partial
Seventh Floor - partial
Ninth Floor - partial
Eleventh Floor - full
Twelfth Floor - full
Total Square Footage: 38,836
together with all improvements thereon, and all rights, easements and
appurtenances thereto belonging, for a term beginning on the 1st day of
December, 1996, and ending on the 30th day of November, 2001 upon the condition
that Tenant performs as provided in this lease.
2. RENT. Tenant agrees to pay Landlord as rent $43,691.00 per month, in
advance commencing on the 1st day of December, 1996 and on the 1st day of each
month thereafter, during the term of this lease. Rent for any partial month
shall be prorated as additional rent.
All sums shall be paid at the address of Landlord, or at such other place
as Landlord may designate in writing. Delinquent payments shall draw interest
at 12% per annum.
3. POSSESSION. Tenant shall be entitled to possession on the first day
of the lease term, and shall yield possession to Landlord at the termination of
this lease. SHOULD LANDLORD BE UNABLE TO GIVE POSSESSION ON SAID DATE, TENANT'S
ONLY DAMAGES SHALL BE A PRO RATA ABATEMENT OF RENT.
4. USE. Tenant shall use the premises only for general office use.
5. CARE AND MAINTENANCE. (a) Tenant takes the premises as is, except as
herein provided.
(b) Landlord shall keep the following in good repair: (roof) (exterior
walls) (foundation) (sewer) (plumbing) (heating) (wiring) (air conditioning)
(plate glass) (windows and window glass) (parking area) (driveways) (sidewalks)
(exterior decorating) (interior decorating) except when the same area occasioned
by the misuse or negligence of Tenant, its agents, employees or invitees.
Landlord shall not be liable for failure to make any repairs or replacements
unless Landlord fails to do so within a reasonable time after written notice
from Tenant.
(c) Tenant shall maintain the premises in a reasonable care, serviceable,
clean and presentable condition, and except for the repairs and replacements
provided to be made by Landlord in subparagraph (b) above, shall make all
repairs, replacements and improvements to the premises, INCLUDING ALL CHANGES,
ALTERATIONS OR ADDITIONS ORDERED BY ANY LAWFULLY CONSTITUTED GOVERNMENT
AUTHORITY DIRECTLY RELATED TO TENANT'S USE OF THE PREMISES. Tenant shall make
no structural changes or alterations without the prior written consent of
Landlord. Unless otherwise provided, and if the premises include the ground
floor, Tenant agrees to remove all snow and ice and other obstructions from the
sidewalk on or abutting the premises.
6. UTILITIES AND SERVICES. Landlord shall pay for all utilities and
services which may be used on the premises, except the following to be furnished
by Tenant: telephone. Landlord shall not be liable for damages for failure to
perform as herein provided, or for any stoppage for needed repairs or for
improvements or arising from causes beyond the control of Landlord, provided
Landlord uses reasonable diligence to resume such services.
7. SURRENDER. Upon the termination of this lease, Tenant will surrender
the premises to Landlord in good and clean condition, except for ordinary wear
and tear or damage without fault or liability of Tenant. Continued possession,
beyond the term of this lease and the acceptance of rent by Landlord shall
constitute a month-to-month extension of this lease.
8. ASSIGNMENT AND SUBLETTING. No assignment or subletting, either
voluntary or by operation of law, shall be effective without the prior written
consent of Landlord, which consent shall not unreasonably be withheld.
9. PROPERTY INSURANCE. (a) Tenant will not do or omit the doing of any
act which would invalidate any insurance, or increase the insurance rates in
force on the premises.
(b) To the extent of all insurance collectible for damage to property, and
to the extent permitted by their respective policies of fire and extended
coverage insurance, each party hereby waives rights of subrogation against the
other, regardless of fault.
10. INDEMNITY AND LIABILITY INSURANCE. Except for any negligence of
Landlord, Tenant will protect, defend, and indemnify Landlord from and against
any and all loss, costs, damage and expenses occasioned by, or arising out of,
any accident or other occurrence causing or inflicting injury or damage to any
person or property, happening or done in, upon or about the premises, or due
directly or indirectly to the tenancy, use or occupancy thereof, or any part
thereof by Tenant or any person claiming through or under Tenant. Tenant will
procure and maintain liability insurance in amounts not less than $1 Million for
any person injured, and $2 Million for any one accident.
11. DAMAGE. In the event of damage to the premises, so that Tenant is
unable to conduct business on the premises, this lease may be terminated at the
option of either party. Such termination shall be effected by notice of one
party to the other within twenty days after such notice; and both parties shall
thereafter be released from all future obligations hereunder.
12. MECHANICS' LIENS. Neither Tenant, nor anyone claiming by, through, or
under Tenant, shall have the right to file any mechanic's lien against the
premises. Tenant shall give notice in advance to all contractors and
subcontractors who may furnish, or agree to furnish, any material, service or
labor for any improvement on the premises.
13. TERMINATION UPON DEFAULT OF TENANT. Upon default in payment of rent,
abandonment of the premises, or upon any other default by Tenant of the terms of
this lease, this lease may, at the option of Landlord, and without prejudice to
any other rights or remedies afforded Landlord by law, be cancelled and
forfeited; PROVIDED, HOWEVER, before any such cancellation and forfeiture,
Landlord shall give Tenant notice specifying the default, or defaults, and
stating that this lease will be cancelled and forfeited ten days after notice,
unless such default or defaults are remedied within such period.
14. SIGNS. Landlord, during the last ninety days of this lease, shall
have the right to maintain on the premises either or both a "For Rent" or "For
Sale" sign. Tenant will permit prospective tenants or buyers to enter and
examine the premises.
15. NOTICES AND DEMANDS. All notices shall be given to the parties hereto
at the addresses designated unless either party notifies the other, in writing,
of a different address. Without prejudice to any other method of notifying a
party in writing or making a demand or other communication, such notice shall be
considered given under the terms of this lease when it is deposited in the U.S.
Mail, registered or certified, properly addressed, return receipt requested, and
postage prepaid.
16. PROVISIONS BINDING. Each and every covenant and agreement herein
contained shall extend to and be binding upon the respective successors, heirs,
administrators, executors and assigns of the parties hereto.
17. ADDITIONAL PROVISIONS.
AmerUs Properties, Inc. AmerUs Life Holdings, Inc.
Landlord Tenant
By: /s/ Xxxxx X. McClurnon By: /s/ Xxxxxxx X. Xxxxxxx
Printed: Xxxxx X. McClurnon Printed: Xxxxxxx X. Xxxxxxx
Title: Vice President Title: Senior Vice President
