"Commercial Lease Agreement Template" - Texas

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Download "Commercial Lease Agreement Template" - Texas

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Texas Commercial Lease Agreement
This ​ C ommercial Lease Agreement (hereinafter referred to as the “Agreement”) is
entered into as of _________________ by and between ________________________,
with a mailing address of ________________________________________________
_____________________________________ (hereinafter referred to as the “Lessee”)
and ________________________, with a mailing address of ____________________
____________________________________ (hereinafter referred to as the “Lessor”),
collectively referred to as the “Parties,” both of whom agree to be bound by this
Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
promises and agreements contained herein, the Lessee agrees to lease the
Premises from the Lessor under the following terms and conditions:
1. The Premises. The Lessor agrees to lease the property described below to the
Lessee:
_____________________________________________________________________
Street Address, City, State, ZIP Code
______________________________
______________________________
Area (in square feet)
Type of space
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Additional description
The aforementioned property (hereinafter referred to as the “Premises”) shall be
leased wholly by the Lessee.
2. Use of Premises. ​ T he Lessor is leasing the Premises to the Lessee and the Lessee is
hereby agreeing to lease the Premises for the following use and purpose:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Any change in use or purpose the Premises other than as described above shall be
upon prior written consent of the Lessor only.
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Texas Commercial Lease Agreement
This ​ C ommercial Lease Agreement (hereinafter referred to as the “Agreement”) is
entered into as of _________________ by and between ________________________,
with a mailing address of ________________________________________________
_____________________________________ (hereinafter referred to as the “Lessee”)
and ________________________, with a mailing address of ____________________
____________________________________ (hereinafter referred to as the “Lessor”),
collectively referred to as the “Parties,” both of whom agree to be bound by this
Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
promises and agreements contained herein, the Lessee agrees to lease the
Premises from the Lessor under the following terms and conditions:
1. The Premises. The Lessor agrees to lease the property described below to the
Lessee:
_____________________________________________________________________
Street Address, City, State, ZIP Code
______________________________
______________________________
Area (in square feet)
Type of space
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Additional description
The aforementioned property (hereinafter referred to as the “Premises”) shall be
leased wholly by the Lessee.
2. Use of Premises. ​ T he Lessor is leasing the Premises to the Lessee and the Lessee is
hereby agreeing to lease the Premises for the following use and purpose:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Any change in use or purpose the Premises other than as described above shall be
upon prior written consent of the Lessor only.
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The Lessee shall comply with all rules, regulations and laws of any governmental
authority with respect to use and occupancy. The Lessee shall not conduct or permit to
be conducted upon the Premises any business or permit any act which is contrary to or
in violation of any law, rules or regulations and requirements that may be imposed by
any authority or any insurance company with which the Premises is insured, nor will
the Lessee allow the Premises to be used in any way which will invalidate or be in
conflict with any insurance policies applicable to the building. In no event shall
explosives or extra hazardous materials be taken onto or retained on the Premises.
Furthermore, the Lessee shall not install or use any equipment that will cause undue
interference with the peaceable and quiet enjoyment of the Premises by other
inhabitants of the building.
3. Lease Term. ​ T his Agreement shall be considered a fixed lease. The Lessee will
occupy the Premises for a period that shall begin on _________________ and end on
_________________ (hereinafter referred to as the “Lease Term”).
4. Rent. ​ T he Lessee shall pay the Lessor $____________ (hereinafter referred to as
the "Rent") in equal monthly installments. Rent for any period during the term hereon,
which is for less than 1 month shall be a pro-rata portion of the monthly rent.
The Rent shall be due on the ______ of every month (hereinafter referred to as the
“Due Date”) and paid under the following instructions:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Payment Method, Time, Other Details
If the Rent is not paid on the Due Date, there shall be a penalty of
$________________ due as a one-time payment. Rent is considered late when it has
not been paid within ______ day(s) after the Due Date.
If the Lessee pays the Rent with a check that is not honored due to insufficient funds
(NSF) there shall be a fee of $________________ per incident.
5. Expenses. ​ S elect one of the options listed below:
❏ This Lease will be a Gross Lease.
The Rent will be the entirety of the monthly rent. Thus, the Lessee is not obligated to
pay any additional expenses, including utilities, real estate taxes, insurance on the
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Premises, charges, or expenses of any nature whatsoever in connection with the
ownership and operation of the Premises.
The Lessor shall be obligated to maintain the general exterior structure of the Premises
and shall maintain all major systems such as the heating, plumbing, and electrical. The
parking area shall be maintained by the Lessor including the removal of any snow or
environmental hazards as well as the grounds and lands surrounding the Premises. The
Lessor shall maintain at their expense casualty insurance for the Premises against loss
by fire which may or may not include any extended coverage. The Lessee will provide
and maintain personal liability and property damage insurance as a lessee, at least to
the limits of one million dollars ($1,000,000.00), that will designate the Lessor as an
"also named insured", and shall provide the Lessor with a copy of such insurance
certification or policy prior to the effective date of this Lease.
❏ This Lease will be a Modified Gross Lease.
It is the intention of the Parties that this Lease shall be considered a “Modified Gross
Lease”. In addition to the Rent, the Lessee shall be obligated to pay the following
monthly expenses:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
The Lessor shall pay the following monthly expenses:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
❏ This Lease will be a Triple Net Lease.
It is the intention of the Parties that this Lease shall be considered a “Triple Net
Lease”.
The Lessor shall have no obligation to provide any services, perform any acts, or pay
expenses, charges, obligations or costs of any kind whatsoever with respect to the
Premises. The Lessee hereby agrees to pay one-hundred percent (100%) of any and all
Operating Expenses as hereafter defined for the entire term of the Lease and any
extensions thereof in accordance with specific provisions hereinafter set forth.
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The term “Operating Expenses” shall refer to all costs to the Lessor of operating and
maintaining the Premises, and shall include, without limitation, real estate taxes,
personal property taxes, and assessments, management fee(s), heating, air
conditioning, HVAC, electricity, water, waste disposal, sewage, operating materials
and supplies, service agreements and charges, lawn care, snow removal, restriping,
repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the
validity or applicability of any governmental acts which may affect operating
expenses, and all other direct operating costs of operating and maintaining the
Premises and related parking areas, unless expressly excluded from operating
expenses.
The Lessee shall maintain, at all times during the Term of this Lease, comprehensive
general liability insurance in an insurance company licensed to do business in the
State of ________________ and that is satisfactory to the Lessor, properly protecting
and indemnifying the Lessor with single limit coverage of not less than
$________________ for property damage.
During the Term of this Lease, the Lessee shall furnish the Lessor with certificate(s)
of insurance, in a form acceptable to the Lessor, covering such insurance so
maintained by the Lessee and naming the Lessor and the Lessor's mortgagees, if any,
as additional insured.
6. Option to Renew.
❏ The Lessee may have the right
❏ The Lessee may not renew the
to renew the Lease with a total
Lease
of ______ renewal period(s)
with
each
term
being
________________ which may
be exercised by giving written
notice to the Lessor no less than
60 days prior to the expiration of
the Lease or renewal period.
7. Improvements. The Lessee agrees that no leasehold improvements, alterations or
changes of any nature, (except for those listed on any attached addenda) shall be made
to the leasehold premises or the exterior of the building without first obtaining the
consent of the Lessor in writing, which consent shall not be unreasonably withheld,
and thereafter, any and all leasehold improvements made to the Premises which
become affixed or attached to the leasehold Premises shall remain the property of the
Lessor at the expiration or termination of this Lease Agreement. Furthermore, any
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leasehold improvements shall be made only in accordance with applicable federal,
state, or local codes, ordinances, or regulations, having due regard for the type of
construction of the building housing the subject leasehold Premises.
Nothing in the Lease shall be construed to authorize the Lessee or any other person
acting for the Lessee to encumber the rents of the Premises or the interest of the
Lessee in the Premises or any person under and through whom the Lessee has
acquired its interest in the Premises with a mechanic’s lien or any other type of
encumbrance. Under no circumstance shall the Lessee be construed to be the agent,
employee, or representative of the Lessor. In the event a lien is placed against the
Premises, through actions of the Lessee, the Lessee will promptly pay the same or
bond against the same and take steps immediately to have such lien removed. If the
Lessee fails to have the lien removed, the Lessor shall take steps to remove the lien
and the Lessee shall pay the Lessor for all expenses related to the Lien and removal
thereof and shall be in default of this Lease.
8. Licenses and Permits. ​ A copy of any and all local, state or federal permits
acquired by the Lessee which are required for the use of the Premises shall be kept
on-site at all times and shall be readily accessible and produced to the Lessor and/or
their agents or any local, state, or federal officials upon demand.
9. Obligations of Lessee. ​ T he Lessee shall be primarily responsible whenever needed
for the maintenance and general pickup of the entranceway leading into the Premises,
so that this is kept in a neat, safe, and presentable condition. The Lessee shall also be
responsible for all minor repairs and maintenance of the leasehold Premises,
particularly those items which need immediate attention and which the Lessees, or
their employees, can do and perform on their own, including but not limited to, the
replacement of light bulbs, as well as the normal repair and cleaning of windows,
cleaning, and clearing of toilets, etc., and the Lessee shall properly maintain the
Premises in a good, safe, and clean condition.
The Lessee shall properly and promptly remove all garbage and hazardous wastes and
see that the same are properly disposed of according to all local, state or federal laws,
rules regulations, or ordinances. In the event the structure of the Premises is damaged
as a result of any neglect or negligence of the Lessee, their employees, agents,
business invitees, or any independent contractors serving the Lessee or in any way as a
result of the Lessee’s use and occupancy of the Premises, then the Lessee shall be
primarily responsible for seeing that the proper claims are placed with the Lessee’s
insurance company, or the damaging party's insurance company, and shall furthermore
be responsible for seeing that the building is safeguarded with respect to said damage
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