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COMMERCIAL LEASE THIS LEASE AGREEMENT is made as of this day of September, 2004, by and between ROY WHEELER REALTY COMPANY, INC., a Virginia corporation (hereinafter "Lessor") and the CITY OF CHARLOTTESVILLE, VIRGINIA and the COUNTY OF ALBEMARLE, VIRGINIA, both political subdivisions of the Commonwealth of Virginia (hereinafter "Lessees"). WITNESSETH: WHEREAS, the Lessor is the owner of the Premises described herein, and represents that it has clear and unencumbered title to said Premises and is able to lease the same and deliver possession of the Premises to the Lessees upon the Commencement Date as set forth herein; and WHEREAS, the Lessees desire to lease the Premises described herein, for use as office space and related functions for the Charlottesville — Albemarle Juvenile and Domestic Relations District Court; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. DEMISED PREMISES. The Lessor hereby leases unto the Lessees certain "Premises," • more particularly described as that certain parcel of land, with improvements thereon and appurtenances thereto belonging, situated in the City of Charlottesville, Virginia at the northeast corner of the intersection of East High Street and 4`h Street, Northeast, and being in all respects the same property conveyed to Roy Wheeler Realty Company, Inc. by deed of B. Ernest Wheeler, Jr. and Nannie F. Wheeler, husband and wife, dated September 9, 1977 of record in the Clerk's Office of the Circuit Court of the City of Charlottesville in Deed Book 388, page 230, and as also described as Parcel 30 on City of Charlottesville Real Property Tax Map 53. 2. LEASE TERM. The term of this Lease shall be for a period of three (3) months, beginning October 1, 2004 ("Commencement Date") and ending upon the closing of the sale of the property from Lessor to Lessees. It is the intent of both parties that the closing of the sale of the property occur as soon after January 1, 2005 as is practicable. 3. RENT. Rent shall be payable on the first day of each month of the term of the Lease, in the amount of Three Thousand, Five Hundred and 00/100 Dollars ($3,500.00) per month. Rent shall be prorated for the month of January, 2005 until closing occurs. If any monthly installment of rent remains overdue and unpaid for fifteen (15) days following notice from Lessor to Lessee, Lessor shall impose a penalty of five percent (5%) of the monthly rental amount for each month overdue. If any monthly installment of rent remains overdue and unpaid for thirty (30) days, Lessor may, at its option, declare this Lease terminated and take possession of the Premises. Lessor and Lessees agree that no security deposit will be • required under the terms of this Lease.