Home Join Now Learn More Sign in
Home | Admin | Sign Out 
Find a Form 

Access thousands of free legal and business forms contributed by leading lawyers and other professionals

Search by key words (e.g., "Sales Contract")
Advanced search

 
Promote Your Business  
  • Contribute a legal or business form and network with thousands of potential clients, businesses, and professionals

    Upload a Form Add Your Executive Profile
Promote Your Business 
  • Contribute a legal or business form and network with thousands of potential clients, businesses, and professionals

    Upload a Form Add Your Executive Profile
Promote your business  
  • Contribute a legal or business form and network with thousands of potential clients, businesses, and professionals

    Upload a Form Add Your Executive Profile
Add your free profile  
  • Contribute a legal or business form and network with thousands of potential clients, businesses, and professionals

    Upload a Form Add Your Executive Profile
 
Connect

Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
Close

Thank you for using
Yourfreelegalforms.com


Your online source for 100% free legal and business forms.
Have a form to contribute?
Contribute a legal or business form, checklist or article and have your profile displayed on the same page as the form for free, powerfull, targeted marketing to those searching for legal forms and advice.

Advertise your business to thousands for free – Contribute a form
Form #1137

Commercial Lease Agreement

Average user rating:  
Not Yet Rated
Rate it

You can download and use this free commercial rental / lease agreement.

Need this form customized? Download This Form Printer Friendly Version

LEASE  -  BUSINESS PROPERTY

 

 

THIS LEASE AGREEMENT, executed in duplicate, made and entered into this _______ day of _________, 200_,  by and between  (landlord’s name)______________________as Lessor whose address for the purpose of this lease is  _____________________________________

 

 

and (name)_____________________ as Lessee

 

 

1.  PREMISES AND TERM.  The Lessor, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Lessee to be kept and performed, leases unto the Lessee and Lessee hereby rents and leases from Lessor, according to the terms and provisions herein, the following described real estate, situated in _____________ County, (State)___________, to wit:

 

 

Suite(s) _____________  (street address)_____________________________________

 

as outlined in red in Exhibit A attached

 

Square footage:  Exclusive =  ________ m/l  / Common =  _______ m/l  /  Total  =  ________ m/l

 

 

With the improvement thereon and all right, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as built.

 

 

 

   2. LESSOR’S OBLIGATIONS. 

 

      Provide door way between Suite ____ and Suite _____.  Construct demising wall within Suite ______.  Work will take place after Lessee moves into space and be completed no later than(date)______________________.

 

 

 

 

   3.  TERM OF LEASE.  The term of the lease shall be:

 

 

 

From (date)___________  to (date)__________.

 

 

 

 

    4. OPTION TO RENEW.  Lessee shall have the option to renew the lease as follows:   Lessee shall have the option to renew the lease for one period as follows:  (date)_______________ to (date)_________________ with monthly rent of $__________________ per month. 

 

 

 

Options to renew to be in writing a minimum of ___ days prior to the expiration of the prior lease term.

 

 

 

      5. RENTAL AND CERTAIN OTHER CHARGES.  Lessee agrees to pay to Lessor as rental for the period:

 

 

 

$ __________per month per month in advance.  The first rent payment shall become due on first day of each month.  The monthly rent shall be paid in advance on the first day of each month, during the term of this lease.  The rent and other monthly charges (see below) shall be paid by Lessee on a timely basis without offset or deduction.  Any claims by Lessee shall not entitle Lessee to withhold rent or other monthly charges.

 

 

 

 Security deposit waived.

 

 

 

6.  IN ADDITION TO THE MONTHLY RENT LESSEE SHALL ALSO PAY:

 

A.    100% of Lessee’s telephone, cable, internet.

 

B.    100% of janitorial and light bulb replacement for the exclusive space.

 

C.    $___________  per month for the cost of common area janitorial, snow removal, parking lot maintenance, landscape maintenance,  building insurance, property taxes, exterior and common area maintenance including mechanical systems.  On an annual basis this charge may be adjusted based on actual costs of the qualified items determined from the previous years costs, but shall not increase or decrease more than ____% from the previous year.  This charge to be paid with the monthly rental, due on the first of each month. Lessor represents and agrees that the monthly payment for the itemized costs stated in this paragraph and in paragraph 6D are Lessee's share of these costs based upon the proportion that the Leased Premises bears to the total rentable building space.

 

D.    _______% of the total cost of gas, electric, water, sewer, trash  for 2094 185th Street, Fairfield, Iowa, such percentage of total cost not to exceed $__________ per month.  This charge to be billed every three (3) months and to be payable within 15 days of date of billing.

 

E.     Once every six months, on reasonable notice and during regular business hours, Lessee, or its authorized representative, shall have the right to inspect and copy the books of account, records and other relevant documentation of Lessor insofar as they relate to expenses stated in section 6C and 6D in order to verify the accuracy of Lessee’s portion of these expenses.

 

 

 

7.  DELINQUENT PAYMENTS.  Lessee will have a three day grace period for monthly rent and common charges.  Starting on the fourth (4th) day Lessee will be charged a late payment in the amount of $10 per day for delinquent rent payment and common monthly and quarterly payments until payment is received.

 

8.  POSSESSION.  Lessee shall be entitled to possession on (date)_________________.  In the event the premises are not ready for occupancy by (date)________________ the beginning date of the lease will be extended until the later of, (date)________________ or the date the premises are ready for occupancy and Lessee shall not be charged rent or common charges until occupancy is provided.  Lessee shall yield possession to the Lessor at the time and date of the close of this lease term, except as herein otherwise expressly provided.

 

 

 

    9. USE OF PREMISES.  Lessee takes the leased premises in their present condition.  Lessee covenants and agrees during the term of this lease to use and to occupy the leased premises only for office space.  Lessee agrees that the premises shall be a non-smoking building and Lessee will enforce this condition with respect to all agents, employees and invitees.  Lessee further covenants and agrees to the use restrictions set forth in the Miscellaneous Section (Section 26) of this lease, which are required under the Lessor’s deed affecting the property.  Lessee shall not allow the premises to be used for the storage, use treatment, manufacture or sale of “Hazardous Material.” Hazardous Material means any hazardous or toxic substance, material or waste which is or becomes regulated by, or is dealt with, in any “environmental requirement.”  Lessee acknowledges that Lessor may incur costs for complying with laws relating to Hazardous Material,  or otherwise in connection with Hazardous Material.  Lessee agrees that the cost incurred  by Lessor with respect to the building for complying with laws relating to Hazardous Material shall be paid by Lessee, if Lessee’s use or storage of Hazardous Material on the

premises is the cause of such liability.  Environmental requirements, as set forth above, means any laws, rules, regulations, guidance documents, judgments, decrees, orders, and other restrictions and requirements now or hereafter in effect of any governmental authority relating to the regulation or protection of human health and safety, natural resources, conservation, the environment or to any Hazardous Material.

 

 

 

    10. QUIET ENJOYMENT.  Lessor covenants that its estate in said premises is fee simple, subject to Section 26 E, below.  The Lessee on paying the rent herein reserved and performing all the agreements by the Lessee to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this lease free from molestation, eviction or disturbance by the Lessor or any other persons or legal entity whatsoever, subject to Section 13, below.  The property is located in a commercial area of the county and may be subject to traffic or other common noises that arise from such commercial location and Lessor shall not be liable for such disturbances.

 

 

 

   11. CARE AND MAINTENANCE OF PREMISES.

 

 

(a)   LESSOR’S DUTY OF CARE AND MAINTENANCE.  Lessor will keep the roof, structural part of the floor, walls, plumbing system, electrical system, HVAC system, parking lot, landscaping and common inside areas of the building, and other parts of building in good repair.

 

(b)  LESSEE’S DUTY OF CARE AND MAINTENANCE.  Lessee shall after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its own expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for components state as

‘LESSOR’S DUTY OF CARE AND MAINTENANCE’ IN 11 (a).  Lessor will not permit or allow said premises to be damaged or depreciated in value by any act of negligence of the Lessee, it agents or employees.  Without limiting the generality of the foregoing, Lessee will make necessary repairs to the exclusive space, excluding components listed in 11 (a).  The Lessee agrees to maintain adequate heat to prevent freezing of pipes, if and only if the other terms of this lease fix responsibility for heating upon the Lessee.   The Lessee shall pay a proportionate share of the cost of items stated in 11(a) described as part of Lessee’s obligation in 6C.  Lessee to pay only its proportionate share of such expenses described in 6C along with other Lessees of the building, except as to the acts and omissions of Lessee and its employees, agents and invitees.  Lessor shall be responsible for causing the repairs and maintenance to occur.  Lessor will provide dumpsters or other suitable means of trash disposal adjacent to the building, and Lessee’s responsibility will be limited to removing its trash and placing it in dumpsters provided by Lessor.  Lessee shall pay its proportionate share of trash removal service as part of the obligation and fee in 6D.  Lessee shall use chair mats under all desks – chairs – workstations and all areas subject to carpet wear and tear from office equipment or furniture.  Lessee shall make no structural alterations or improvements without the prior written approval of the Lessor.

 

(c)   Lessee will make no unlawful use of said leased premises and agrees to comply with all valid regulations of the Board of Health, City of County Ordinances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Lessee to members of the general public and shall not create any Lessee obligations for noncompliance conditions for the Leased Premises that preexist the beginning of the lease.   If Lessee, by the terms of this lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on said premises in the halls, if any, or the alley or yard in

front, side or rear thereof, and it will remove same from the premises at its own expense.

 

 

 

    12.  UTILITIES AND SERVICES.  Lessee, during the term of this lease, shall pay, before delinquency, its proportionate share of all charges for use of gas and electric as indicated in 6D.  Lessee’s proportionate share of water, sewer and trash are charged as part of the monthly payment indicated in 6D.  Lessee is responsible for cost of telephone, internet and television for use in Lessee’s exclusive space.

 

12 (a) JANITOR SERVICE.  Janitorial service for the common areas including Brahmastan, hallways and restrooms will be provided by Lessor under 11(a) and included in charges under 6C.

 

 

 

    13. SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. 

 

(a)   Lessee agrees that upon the termination of this lease it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Lessee.

 

(b)  Lessee may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Lessee is not in default hereunder, remove any trade fixtures or equipment which said Lessee has installed in the leased premises, providing said Lessee repairs any and all damage caused by removal.

 

(c)   HOLDING OVER.  Continued possession, beyond the expiration date of the term of this lease, by the Lessee (and absent a written agreement by both parties for an extension of this lease, or for a new lease, and absent the written consent of the Lessor) shall

constitute a month-to-month extension of this lease at a rental of 150% of the previous rental for the premises (plus payment of the Lessee’s share of the other expenses as set forth in this lease).  Such holding over without the Lessor’s consent shall not prejudice the Lessor’s right to bring an action for the eviction of the Lessee.

 

 

 

    14. ASSIGNMENT AND SUBLETTING.  Any assignment of this lease or subletting of the premises or any part thereof, without the Lessor’s written permission shall, at the option of the Lessor, make the rental for the balance of the lease term due and payable at once.  Such written permission shall not be unreasonably withheld.  No such assignment or subletting by the Lessee shall relieve the Lessee of the obligations under this lease.  In the event of a default in the lease after any assignment or subletting, the Lessor may proceed against the Lessee or such assignee or sublessee, or both.  Lessor shall receive 75% of any rent paid by the assignee or sublessee in excess of the rent hereunder upon any approved sublease or assignment of all or any portion of the premises and the Lessee shall receive the remainder.  Notwithstanding anything to the contrary, Lessor shall have the right to terminate this lease and enter into a lease with a proposed sublessee or assignee of this lease, in Lessor’s discretion.

 

 

 

    15. ALL REAL ESTATE TAXES.

 

 

 

(a)   All real estate taxes levied or assessed by lawful authority (but reasonably preserving Lessor’s rights of appeal) against said real property shall be timely paid by Lessor.   Lessee’s monthly payment as indicated in 6C shall pay Lessee’s portion of property taxes.

 

(b)  INCREASE IN REAL ESTATE TAXES CAUSED BY LESSEE’S IMPROVEMENTS.  If Lessee installs improvements that cause an increase in real property taxes the Lessee shall be responsible for 100% of the applicable increase.

 

(c)   PERSONAL PROPERTY TAXES.  Lessee agrees to timely pay all 100% of all taxes, assessments or other public charges levied or assessed by lawful authority (but reasonably reserving Lessee’s rights of appeal) against its personal property on the premises, during the term of this lease.

 

(d)  SPECIAL ASSESSMENTS.  Special assessments attributed to improvements installed by Lessee or Lessee’s personal property shall be timely paid 100% by Lessee.

 

(e)   TAXES IN ARREARS.  The parties acknowledge that Iowa taxes are in arrears one year, but Lessee shall be responsible for taxes actually assessed during this lease term (even if such taxes are payable by Lessor at a later date), and such taxes shall be estimated by the parties, with the help of the County Assessor and collected on a monthly basis during the term of the lease.

 

 

 

 16. INSURANCE.

 

(a)   Charges to Lessee for the commercial building, property and liability insurance policy obtained by Lessor shall be contained in 6C.  Lessor and Lessee will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazard and casualties; that is, fire or water and those items usually covered by extended coverage; and Lessee will procure and deliver to the Lessor a certification from the respective insurance companies to that effect.  Such insurance shall be made payable to the parties hereto as their interests may appear, except that the Lessee’s share of such insurance

proceeds are hereby assigned and made payable to the Lessor to secure the rent and other obligations of the Lessee.

 

(b)  Lessee will not do or omit the doing of any act which would violate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Lessee upon which the Lessor by law or by the terms of this lease, has or shall have a lien.  In the event that any improvements caused by Lessee, any personal property of Lessee’s on the premises or any activity of Lessee on the premises causes the Lessor’s insurance premium to increase then the Lessee shall be responsible for 100% of the cost of such increase.

 

(c)   Subrogation rights are not to be waived unless special provisions attached to this lease.

 

(d)  Lessee further agrees to comply with recommendations of (state)____________ Insurance Service Bureau and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazard resulting from Lessee’s use of the premises otherwise than as herein contemplated and agreed.

 

(e)   INSURANCE PROCEEDS.  Lessor shall settle and adjust any claim against any insurance company under its said policies of insurance for the premises, and said insurance monies shall be paid to and held by the Lessor to be used in payment for cost of repairs or restoration of damaged building, if the destruction is only partial.

 

 

 

    17. INDEMNITY AND LIABILITY INSURANCE.   Except as to any negligence of the Lessor, arising out of the roof, structural, mechanical and common area parts of the building, Lessee will protect, indemnify and save harmless the Lessor 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 and/or damage to any person or property, happening or done, in, upon or about the leased premised, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Lessee or any person claiming through or under the Lessee.  The Lessee further covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance from a responsible company or companies authorized to do business in the State of _________, to provide coverage for a combined single limit for bodily injury and property damage of $1,000,000 each occurrence and $2,000,000 aggregate, protecting the Lessor against such claim, damages, costs or expenses on account of injury to any person or persons, or to any property belonging to any person or persons, by reason of such casualty, accident or other happening on or about the demised premises during the term thereof.  Lessee will provide certificates or copies of said policies, naming the Lessor as additional insured.  Lessee will provide for thirty (30) days notice to the Lessor before cancellation of any insurance.  Lessee will deliver to the Lessor a certificate on or before, the date of the beginning of the term of this lease.

 

 

 

    18. FIRE AND CASUALTY.  PARTIAL DESTRUCTION OF PREMISES OR INTERUPTION OF USE

 

(a) BUSINESS INTERUPTION.  Notwithstanding any other provision of this lease, if for any reason, a condition develops that prevents Lessee from conducting normal business operations on the Leased Premises, including without limitation, destruction of premises, in whole or in part, loss of heat or air conditioning, water leaks, for a period of fourteen (14) days, Lessee, at its option, may terminate this lease and each party shall be released from all future obligations hereunder.  Lessee paying rental pro rata only to the beginning date of such condition.

 

(b)  ZONING.  Should the zoning ordinance of the city or county or municipality in which this property is located make it impossible for the Lessor, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Lessee is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided.

 

(c)  TOTAL DESTRUCTION OF BUSINESS USE.    In the event of a destruction or damage of the leased premised including the parking area (if a parking area is a part of the subject matter of this lease) so that Lessee is not able to conduct its business on the premises or the then current legal use for which the premises are being used and which damages cannot be repaired within fourteen (14) days this lease may be terminated at the option of either the Lessor or Lessee.  Such termination in such event shall be effected by written notice of one party to the other, within thirty (30) days after such determination.  Lessee shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Lessee paying rental pro rata only to the date of such destruction.  In the event of such termination of this lease, Lessor at its option, may rebuild or not, according to its own wishes and needs.

 

 

 

    19. CONDEMNATION. 

 

(a)   DISPOSITION OF AWARDS.  Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be entitle to retain, as its own property, any award payable to it.  Or in the event that a single entire award is made on account of the condemnation, each party will then be entitle to take such proportion of said award as may be fair and reasonable.

 

(b)  DATE OF LEASE TERMINATION.  If the whole of the demised premises shall be so condemned or taken, the Lessor shall not be liable to the Lessee except and as its rights are preserved in Section 19(a) above.

 

 

 

    20. TERMINATION OF LEASE AND DEFAULTS OF LESSEE.         

 

(a)   TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS.  This lease shall terminate upon expiration of the demised term;  or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Lessee, then this lease will terminate at the expiration of the option term or terms.  Upon default in payment of rental herein or upon any other default by Lessee in accordance with the terms and provisions of this lease, this lease may at the option of the Lessor be canceled and forfeited, PROVIDED, HOWEVER, before any such cancellation and forfeiture except as provided in 20(b) below, Lessor shall give Lessee a written notice specifying the default, or defaults, and stating that his lease will be cancelled and forfeited ten (10) days after the giving of such notice, in the case of failure to pay rent and/or other charges unless such default, or defaults, are remedied within such grace period;  and 30 days after the giving of such notice, in the case of defaults other than for the payment of rent; provided, however, if the nature of the default is other than the payment of rent or other charges, and such defaults cannot reasonably be cured within such 30-day period, the Lessee shall not be in default provided in commences to cure the default within such 30-day period and thereafter diligently completes the cure. Lessee will be liable for all legal fees and expenses incurred by Lessor in connection with the collection of delinquent rent or other defaults by Lessee.

 

(b)  BANKRUPTCY OR INVOLVENCY OF LESSOR OR LESSEE.  In the event Lessor or Lessee is adjudicated a bankrupt or in the event of a

 

judicial sale or other transfer of Lessor or Lessee’s leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Lessor or Lessee to the bankrupt party, then and in any such events, Lessor or Lessee may, at its option, immediately terminate this lease, reenter said premises, upon giving of ten (10) days written notice by Lessor or Lessee, all to the extent permitted by applicable law.

 

(c)   In (a) and (b) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults.

 

(d)  Acceptance of keys, advertising and re-renting by the Lessor upon the Lessee’s default shall be construed only as an effort to mitigate damages by the Lessor, and not as an agreement to terminate this lease.

 

(e)   LESSOR’S DEFAULT, BANKRUPTCY OR CHANGE OF OWNERSHIP.  In the event Lessor defaults in any of Lessor’s obligations under this Lease, or is adjudicated a bankrupt or transfers ownership of the building, Lessee, at its option may terminate this lease and each party shall be released from all future obligations hereunder.  Lessee paying rental pro rata only to the date of such termination.

 

 

 

   21.  RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER.  If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants or conditions to this lease, and such default shall have continued for thirty (3) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default and any amount advanced shall be repaid

forthwith on demand, together with interest at the rate of 12% per annum, from date of advance.

 

 

 

   22.  SIGNS.

 

(a)   The Lessor shall provide common signage for all Lessees in the interior of the building (lobby and suite location).  No other signs are permitted by Lessee.

 

(b)  Lessor during the last ninety (90) days of this lease, or extension, shall have the right to maintain in the windows or on the building or on the premises either or both a ‘For Rent’ or ‘For Sale’ sign and Lessee will permit, at such time, prospective lessees or buyers to enter and examine the premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

   23. MECHANIC’S LIENS.  Neither the Lessee nor anyone claiming by, through, or under the Lessee, shall have the right to file or place any mechanic’s lien or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Lessee therein, and notice is hereby given that no contractor, sub-contractor, or anyone else who may furnish any material, service or labor  for any building, improvements, alternation, repairs or any part thereof, shall at any time be or become entitle to any lien thereon, and for the further security of the Lessor, the Lessee covenants and agrees to give actual notice

thereof in advance, to any and all contractors and sub-contractors who may furnish or agree to furnish any such material, service or labor.  

 

 

 

   24. LESSOR’S LIEN AND SECURITY INTEREST.  Lessor shall have in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of (state)______________, upon all personal property and all substitutions therefore, kept and used on said premises by Lessee.  Lessor may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Lessee’s default in its performance.

 

 

 

   25.  SUBSTITUTION OF EQUIPMENT, MERCHANDISE,ETC.

 

(a)   The Lessee shall have the right, from time to time, during the term of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Lessee situated on the said demised premises, when in the judgment of the Lessee it shall have become obsolete, outworn or unnecessary in connection with the operating of the business on said premises; provided, however, that the Lessee shall, in such instance (unless no substituted article or item is necessary) at its own expense substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to the affixed operation of the business upon the demised premises.

 

(b)  Nothing herein contained shall be construed as denying to Lessee the right to dispose of inventoried merchandise in the ordinary course of the Lessee’s trade or business.

 

 

 

    26. RIGHTS CUMULATIVE.  The various rights, powers, options, elections and remedies of either party, provided in this lease, shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged.

 

 

 

    27. NOTICES AND DEMANDS.  All notices required or permitted under this lease shall be in writing.  Notices as provided for in this lease shall be given to the respective parties hereto at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address.  Notices by mail shall be considered given under the terms of this lease two (2) days after being sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box.  Notices by personal delivery or by fax shall be deemed to be given upon delivery as evidenced by a fax long showing transmission, receipt, or other reasonable evidence.

 

 

 

    28. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGN, ETC.    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;  except that if any part of this lease is held in joint tenancy, the successor I interest shall be the surviving joint tenant.

 

 

 

    29. CHANGES TO BE IN WRITING.  None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Lessor or Lessee shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Lessor and Lessee.  THIS LEASE CONTAINS THE WHOLE AGREEMENT OF THE PARTIES AND SUPERCEDES ANY PRIOR MEMORANDUMS OR UNDERSTANDINGS.

 

 

 

    30. CONSTRUCTION.  Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context.

 

 

 

    31.  MISCELLANEOUS.

 

A.    Lessee will respect any reservation of parking spaces at the building and shall not park in spaces reserved for other Lessees.

 

B.    The rules, regulations, and policies of the city and county relative to security and public safety shall apply to the leased premises.

 

C.    Within 10 days of filing a request in writing by Lessor, the Lessee shall execute and deliver to Lessor an estoppel certificate (or any other document that may be reasonably required by any perspective mortgagee or purchaser of the property or any position thereof) indicating that there are no defaults in the Lease (or specifying such defaults).  Failure of Lessee to timely execute and deliver such estoppel certificate or other instruments shall constitute an acknowledgement by lessee that statements included in the estoppel certificate are true and correct, without exception.

 

D.    This lease shall be subject and subordinate to all present and future ground or underlying leases of the building, and to the lien of any mortgage or deed of trust now or hereafter enforced against the

building, and to any renewals, extensions, modifications and replacements thereof, and to all advances made or hereafter to be made upon the security of such mortgages or deeds of trust.  Lessee agrees that in the event any proceedings are brought for the foreclosure of any such mortgage or deed of trust, to attorney, without any deductions or set-offs, to the purchaser or any successors thereto on any such foreclosure sale or deed in lieu thereof, if requested to do so by purchaser, and to recognize such purchaser as the Lessor under this Lease.  Lessee shall, within five (5)  business days of request by the Lessor, execute such further instruments or assurances as the Lessor may reasonably be necessary to confirm the subordination referred to herein.

 

E.     Lessor reserves the right at all reasonable times and upon reasonable notice (24 hours conclusively deemed to be reasonable) to Lessee (except in the case of an emergency) to enter the premises to inspect them, show the premises to prospective purchasers, mortgagees, or Lessee’s, post notices of non-responsibility, or alter, improve, or repair the premises or the building as necessary to comply with building codes or other  applicable laws, or for structural alterations, repairs, or improvements.

 

F.     The parties identified as Lessees hereunder shall jointly or individually have the right to occupy the leased premises and shall be jointly and severally responsible for all the obligations of the Lessee.

 

 

 

 

 

 

 

IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written.

 

 

 

 

 

 

 

LESSOR:

 

 

 

 

 

 

 

 

 

LESSEE:  (Name)__________________________.

 

 

     By:  ________________________________

           (Name)________________________, Authorized Representative

 

_______________________________________________________

 

 

Contributed by
FastDue.com
 
Name of Firm FastDue.com
Location Fairfield, Iowa, United States
Total Forms Contributed 74
Phone 641-209-1761
Website http://fastdue.com
Email
 Free online business forms for all your invoicing and collection needs. 100% FREE, no login required, easy and secure.

See All FastDue.com's Forms
 

Related Forms

Non-Disclosure and Confidentiality Agreement
Non-Disclosure Agreement Template
Employment Agreement
Software Development and Distribution Agreement
Content Agreement for Web Site and Multimedia Work

Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
Close

Thank you for using
Yourfreelegalforms.com


Your online source for 100% free legal and business forms.
Have a form to contribute?
Contribute a legal or business form, checklist or article and have your profile displayed on the same page as the form for free, powerfull, targeted marketing to those searching for legal forms and advice.



Was this form helpful? Yes No
Need a different form? Yes No


Need a different form? Need a custom form or service?

Contact this contributor  or post a request to our community.

If you found this form useful, you might consider using FastDue.com's professional services. FastDue.com can be reached at 641-209-1761, emailed at , or visit his website at http://fastdue.com.



Comments

submitted 10/7/2014
by Paul Davidson 

"I just want to share this site PDFFiller, Inc which I find very useful. It has a ton of Tax Forms (real estate templates, legal templates, business templates, insurance forms, etc..) It helps me fill out any form I need. easily and neatly and gives me the option to either esign or even add picture. http://goo.gl/EixUzV "
  Report Comment

submitted 12/20/2012
by Patricia 

"Where is this form looking for it"
  Report Comment

submitted 12/8/2008
by DavidMarshall  

"This is a comprehensive legal form that could be used as the model for any commercial or business lease. However, whenever a business to business agreement is being put in place, it is important to have independent legal advice to make sure that the agreement accurately represents what the parties have agreed. Let us be clear. There is nothing wrong with using a free legal form like this as a starting point. Anyone can see which clauses do and do not fit, and how they should be modified to match the facts on the ground. There is no magic in the words you have to use. So long as what you write is clear and unambiguous, a court would enforce them. But it is still a good idea to have an attorney or paralegal give the agreement a quick read through before signing it, just to be sure there are no surprises lurking in the future."
  Report Comment


Page 1 

Keywords: commercial lease, rental agreement, commercial agreement, business rental contract

close