DRAFT SUPPLEMENTARY EDUCATION SERVICES (SES) TUTORING RENTAL AGREEMENT Tentative start and end date of this Commercial Lease Agreement ("Lease"), dependent upon Detroit Public School District (DPS) schedule, is made and effective from _____ 2011 and end _________ 2012 by and between MI Learning Unlimited ("Tenant") and _____________ ("Landlord"). Landlord is the owner of land and improvements commonly known and numbered as __________ Detroit MI 48228 Landlord makes available for lease a portion of the Building designated as selected space within the facility (the "Leased Premises"). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord from __________2011 and end ______2012 based entirely upon DPS scheduled dates for the SES program. a. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. b. If Landlord is unable to timely provide the leased premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. 2. Rental. Tenant shall pay to Landlord eight hundred dollars ($800.00) a month. a. Tenant shall submit the rental no later than the 10th day of each month, through the end of the program month. b. The first month’s rent will be submitted prior to program start up. 1 DRAFT 3. Use The Leased Premises shall be used and occupied by Tenant for after school academic enrichment (tutoring). a. The period of use shall be _______ and ________ from ______ pm until _____ pm b. Landlord shall provide chairs and tables enough to seat a minimum of thirty (#30) high school students. 4. Sublease and Assignment. Tenant shall have no right to assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. Property Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. 6. Insurance. a. URCH shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts, as ______________Church shall deem appropriate. b. Tenant and ____________ CHURCH shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon a legal insurance company, such insurance to afford minimum protection mandated by Michigan law. c. Tenant shall provide ____________ CHURCH with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph prior to occupancy to be held in the strictest confidence. d. ____________ CHURCH shall provide to the Tenant with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph prior to occupancy to be held in the strictest confidence. 7. Security. Tenant shall provide security on _______ and ________ during the hours of operation. 8. Utilities. 2 DRAFT Landlord shall pay all charges for water, sewer, gas, electricity, and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed upon in writing. 9. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 10. Parking. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. 11. Building Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. The initial rules for the Building incorporated herein for all purposes. 12. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, Landlord shall have, any and all right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 13. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 14. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent electronically (email) or by United States certified mail, return receipt requested, addressed as follows: If to Tenant to: MI Learning Unlimited 8162 East Jefferson Unit 7-A Detroit, MI 48214 3 matahconnect@yahoo.com DRAFT If to Landlord to: ______________Church Detroit MI 482 15. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by email or written notice delivered by the United State Postal Service (USPS) thereof to the other party. 16. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 17. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 18. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 19. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. Only a further writing, as affirmed above, that is duly executed by both parties may modify this Agreement. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. MI Learning Unlimited ______________Church By: _______________________ By: ___________________ Chief Operations Officer ________________ (Authorized Person) ________________ (Title Date:______________________ Date:______________________ 4