Land Lease Agreement - Template, Sample Form Online Pro · US-law
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LAND LEASE AGREEMENT
State of ________
RECITALS.
A. This Land Lease Agreement (the “Lease”) is entered into and made effective as of ________ (the “Effective Date”) by and between the lessor (the “Landlord”):
________
of
________
and the following lessee (the “Tenant”):
________
of
________
B. For purposes of convenience, the following party (the “Authorized Party”) is also authorized to manage the Property and act on the Landlord’s behalf:
________
________
Such Authorized Party may be deemed to act in the place of the Landlord for the purposes of this Lease, where required or permitted.
C. The Landlord and the Tenant may be referred to collectively as the “Parties” and individually as a “Party.”
D. WHEREAS, the Landlord is the owner of certain real property (the “Property”) located at the following address:
________
which Property is more fully described by the legal description set forth in Exhibit A attached hereto and incorporated herein by reference, and summarized as follows:
________
E. WHEREAS, the Landlord desires to lease the Property to the Tenant, and the Tenant desires to lease the Property from the Landlord, upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ I. PROPERTY.
1. The Landlord, in consideration of the lease payments described herein, hereby leases to the Tenant the land (the “Property”) described as follows:
________
2. The Property is located at the following address:
________
3. The Property described herein comprises approximately ________ acres.
§ II. USE OF PROPERTY.
4. The Property shall be used solely for the following purposes and shall not be used for any other purpose without the Landlord’s prior written consent:
________
5. The Tenant shall conduct all activities specified above in accordance with good husbandry and the best practices of the local community in which the Property is situated.
6. The Tenant shall, at the Tenant’s sole cost and expense, comply with all present and future laws, ordinances, rules, regulations, requirements, and orders of any federal, state, county, or municipal government or agency that may apply to the use, maintenance, or operation of the Property.
7. The Tenant agrees not to apply any pesticides, insecticides, fungicides, herbicides, or other chemical treatments that will have a residual effect beyond the Term of this Lease without the express prior written consent of the Landlord.
8. The Tenant shall maintain the Property in good repair and make all necessary repairs thereto.
§ III. IMPROVEMENTS AND ALTERATIONS.
9. The Tenant may not make any improvements, alterations, additions, or other changes to the Property without the prior written approval of the Landlord.
10. The Tenant agrees that any construction shall be performed in a good and workmanlike manner and in compliance with all applicable laws.
11. All improvements, alterations, additions, or other changes to the Property shall become the property of the Landlord upon the termination of this Lease unless otherwise agreed to by the Parties in writing.
12. The Tenant shall have the right to erect signage related to its business or other lawful purposes, provided that such signage complies with all applicable laws and ordinances.
§ IV. LEASEHOLD MORTGAGE.
13. The Tenant shall have the right to grant a mortgage, deed of trust, or other security interest in the Tenant’s leasehold interest in the Property created by this Lease (the “Leasehold Mortgage”) to secure repayment of a loan made to the Tenant to finance the construction of improvements made to the Property during the Term.
14. In no event shall any interest of the Landlord in the Property be pledged as collateral for, or be subordinate to, any Leasehold Mortgage.
§ V. MECHANIC’S LIENS.
15. The Tenant shall not permit any mechanic’s or other lien to be filed against the Landlord’s interest in the Property as a result of any work performed or obligations incurred by the Tenant.
16. The Tenant agrees to give actual advance notice to any contractors, subcontractors, or suppliers of goods, labor, or services that such liens shall not be valid against the Landlord’s interest, and to take whatever additional steps are necessary to keep the Property free of all liens resulting from construction performed by or for the Tenant.
17. The Tenant shall indemnify the Landlord for any liability, cost, or expense, including reasonable attorneys’ fees, arising from the filing of any such lien.
§ VI. PERMITS AND APPROVALS.
18. The Tenant shall be responsible for obtaining all licenses, permits, and approvals required by any federal, state, or local authority in connection with the Tenant’s use of the Property.
19. The Landlord shall reasonably cooperate with the Tenant and provide the documents necessary to obtain such licenses, permits, and approvals.
§ VII. LEASE TERM.
20. This Lease shall commence on ________ at 12:01 A.M. and shall continue until its natural termination under this Section on ________ at 11:59 P.M. (the “Term”).
21. This Lease shall automatically renew for successive terms of equal length unless either Party provides written notice of cancellation to the other Party not less than ________ days prior to the expiration of the then-current Term.
22. Upon the expiration of this Lease, the Tenant shall provide a forwarding address to the Landlord for the receipt of any funds owed or other notices.
§ VIII. POSSESSION.
23. The Tenant shall be entitled to possession on the first day of the Term and shall yield possession to the Landlord on the last day of the Term, unless otherwise agreed by all Parties in writing.
24. If the Landlord is unable to deliver possession of the Property to the Tenant at the commencement of the Term, through no fault of the Landlord or due to any unforeseen circumstances, the Landlord shall not be liable for any damages, but the Tenant shall not be liable for Rent until possession is delivered. If possession is delivered within thirty (30) days, the Tenant agrees to accept the Property and pay Rent from that date forward. If possession cannot be delivered within thirty (30) days, this Lease may be terminated by either Party.
25. Upon the expiration of this Lease, the Tenant shall remove its goods and effects and peaceably yield up the Property to the Landlord in as good condition as when delivered, ordinary wear and tear excepted.
§ IX. SECURITY DEPOSIT.
26. Upon execution of this Lease, the Tenant shall provide to the Landlord the following amount, to be held as a security deposit for the reasonable cleaning or repair of damage to the Property upon the expiration or termination of this Lease, or in the event of default by the Tenant: $________ (________).
27. The security deposit shall be held in accordance with applicable state law.
28. The security deposit shall be held at the following financial institution:
________
29. The Tenant agrees to be liable to the Landlord, at the expiration or termination of this Lease, for all damage to the Property, except ordinary wear and tear.
30. The Tenant shall not be permitted to apply any portion of the security deposit toward the payment of Rent.
31. In the event of a sale or assignment of this Lease by the Landlord, the Tenant’s security deposit shall be transferred to the new owner or assignee, and the Landlord shall, to the extent permitted by law, be released from liability to the Tenant for the return of the security deposit.
32. The Landlord shall, within the period prescribed by applicable state law following the termination of this Lease, return the Tenant’s security deposit or provide an itemized written statement of any deductions therefrom.
§ X. LEASE PAYMENTS.
33. The Tenant shall pay to the Landlord rent payments of $________ (________) each month (the “Rent”).
34. The Rent shall increase by ________% (________ percent) on an annual basis.
35. The Rent shall be payable in advance on the ________ day of each month. No holiday, special event, or weekend shall excuse the Tenant’s obligation to pay Rent in a timely manner.
36. The Tenant may be required to pay prorated Rent from the commencement of this Lease to the first full payment period. Any such prorated amount shall be due upon execution of this Lease.
37. For any returned or dishonored check, the Landlord may charge the Tenant the cost of the returned-item fee, together with an additional reasonable fee and any applicable late fees, to the extent permitted by applicable law.
38. For any payment not made when due, the Tenant shall, to the extent permitted by applicable law, pay a late fee of $________ (________).
39. The Landlord agrees to accept the following forms of payment for the Rent:
________
40. Payment of Rent may be sent or delivered to the following address, or to any person or institution designated by the Landlord, whether by mail, email, or other means. If payment is made electronically, the address below shall serve as the Tenant’s point of contact with the Landlord:
________
§ XI. TAXES.
41. The Landlord shall pay all real estate taxes and assessments levied or charged against the Property during the Term of this Lease.
§ XII. UTILITIES.
42. The Tenant shall pay the cost of all utility services during the Term, including, but not limited to, gas, water, and electricity used on the Property.
§ XIII. RIGHT OF FIRST REFUSAL.
43. If at any time during the Term the Landlord receives a bona fide offer to purchase the Property, the Landlord shall furnish to the Tenant a true and correct copy of the proposed purchase agreement that the offeror is ready, willing, and able to execute, and shall notify the Tenant that the Landlord is ready, willing, and able to execute the same.
44. The Tenant may, by giving written notice to the Landlord within thirty (30) days after the Tenant’s receipt of the proposed purchase agreement, elect to purchase the Property upon the terms, covenants, and conditions set forth therein.
45. If the Tenant does not so elect within the thirty (30) day notice period, the Landlord may enter into the proposed purchase agreement with the offeror.
46. If the proposed agreement with the offeror is not consummated, the Tenant’s right of first refusal shall remain in full force and effect. Neither the making of the proposed agreement by the Landlord nor the Tenant’s failure to exercise its right of first refusal shall be construed or deemed to terminate or extinguish any renewal option of the Tenant provided herein.
§ XIV. HOLDOVER.
47. If the Tenant maintains possession of the Property for any period after the termination or expiration of this Lease without the express written consent of the Landlord, the Tenant shall pay to the Landlord a holdover fee equal to double the Rent for the time during which the Tenant maintains such possession, to the extent permitted by applicable law.
48. No holding over by the Tenant, whether with or without the consent of the Landlord, shall operate to extend or renew this Lease except as otherwise expressly agreed to by the Parties in writing.
49. Any such holdover tenancy shall be construed as a tenancy from month to month, subject to all of the terms and conditions of this Lease, except as otherwise provided herein.
§ XV. ABANDONMENT.
50. If at any time during the Term the Tenant abandons the Property or any part thereof, the Landlord may, at the Landlord’s option, obtain possession of the Property in the manner provided by law, without becoming liable to the Tenant for damages or for any payment of any kind whatsoever.
51. The Landlord may, in the Landlord’s discretion, as agent for the Tenant, relet the Property, or any part thereof, for the whole or any part of the then-unexpired Term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord’s option, hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired Term and the net rent for such period realized by the Landlord by means of such reletting. The Landlord shall use commercially reasonable efforts to mitigate damages to the extent required by applicable law.
52. If the Landlord’s right of re-entry is exercised following abandonment of the Property by the Tenant, the Landlord shall, subject to applicable law, treat any personal property belonging to the Tenant and left on the Property as abandoned, in which case the Landlord may dispose of such personal property in any manner permitted by law and shall be relieved of all liability for doing so.
§ XVI. DANGEROUS AND HAZARDOUS MATERIALS.
§ XVII. PROPERTY INSURANCE.
54. The Landlord and the Tenant shall each maintain appropriate insurance for their respective interests in the Property and any property located thereon.
55. The Tenant’s insurance shall be in an amount not less than $________ (________).
56. The Landlord shall be named as an additional insured on all such policies.
57. The Tenant shall deliver to the Landlord evidence of adequate insurance in force, issued by companies reasonably satisfactory to the Landlord.
58. The Landlord shall receive advance written notice from the insurer prior to any termination of such policies.
59. The Tenant shall also maintain any other insurance reasonably required by the Landlord for the protection of the Landlord’s interest in the Property.
60. The Tenant shall be responsible for maintaining property insurance on its own property.
§ XVIII. LIABILITY INSURANCE.
61. The Tenant shall maintain commercial general liability insurance with respect to the Property in an amount not less than $________ (________).
62. The Tenant shall deliver to the Landlord evidence that sufficient insurance is in force, issued by companies reasonably satisfactory to the Landlord.
63. The Landlord shall receive advance written notice from the insurer prior to any termination of such policies during the Term.
§ XIX. INDEMNITY REGARDING USE OF PROPERTY.
64. To the fullest extent permitted by law, the Tenant agrees to indemnify, defend, and hold harmless the Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorneys’ fees, that the Landlord may suffer or incur in connection with the Tenant’s possession, use, or misuse of the Property, except to the extent caused by the Landlord’s own act or negligence.
§ XX. LANDLORD ACCESS TO PROPERTY.
65. Subject to the Tenant’s consent (which shall not be unreasonably withheld), the Landlord shall have the right to enter the Property to make inspections, provide necessary services, or show the Property to prospective purchasers or tenants. The Landlord assumes no liability for the care or supervision of the Property.
66. As permitted by law, in the event of an emergency, the Landlord may enter the Property without the Tenant’s prior consent.
67. During the last three (3) months of the Term, or any extended period thereof, and upon notice from the Tenant that it will not be exercising any purchase or renewal option, the Landlord shall be permitted access to the Property to display “For Lease” signs and to show the Property to prospective future tenants.
§ XXI. QUIET ENJOYMENT.
68. Provided that the Tenant pays the Rent and performs all other obligations under this Lease, the Tenant may peaceably and quietly hold and enjoy the Property during the Term.
§ XXII. EARLY TERMINATION.
69. The Tenant shall have the option to terminate this Lease prior to the natural expiration of the Term.
70. The Landlord shall permit the Tenant to quit or terminate this Lease upon payment of a penalty of $________ (________) and upon providing not less than ________ days’ prior written notice.
§ XXIII. SURRENDER OF PROPERTY.
71. The Tenant shall return the Property to the Landlord upon the termination of this Lease in good condition and repair, ordinary wear and tear excepted.
72. Within thirty (30) days following the termination of this Lease, the Tenant shall remove all equipment, materials, fixtures, and other personal property belonging to the Tenant from the Property.
73. Any property left on the Property more than thirty (30) days following the termination of this Lease shall, subject to applicable law, be deemed abandoned by the Tenant and may be retained or disposed of by the Landlord.
§ XXIV. DEFAULT.
74. The Tenant shall be in default of this Lease if the Tenant fails to fulfill any obligation or term by which the Tenant is bound under this Lease.
75. Subject to any governing law providing otherwise, if the Tenant fails to cure any financial obligation within thirty (30) days, or any other obligation within sixty (60) days, after written notice of such default is provided by the Landlord, the Landlord may take possession of the Property without further notice (to the extent permitted by law) and without foreclosing the Landlord’s ability to recover damages. Alternatively, the Landlord may elect to cure any default itself, and the cost of such action shall be added to the Tenant’s financial obligations under this Lease.
76. The Tenant shall pay all costs, damages, and expenses (including reasonable attorneys’ fees and expenses) suffered by the Landlord as a direct result of the Tenant’s default. All sums of money or charges the Tenant is required to pay under this Lease shall constitute additional rent, whether or not so designated.
77. The rights provided in this Section are cumulative and are in addition to any other rights afforded by law.
§ XXV. NO PARTNERSHIP.
78. Nothing in this Lease shall create a partnership, joint venture, contractor, employment, or any other such relationship between the Landlord and the Tenant.
79. Neither Party shall be liable, except as otherwise expressly provided herein, for the obligations or liabilities of the other Party.
80. The Tenant shall indemnify and hold the Landlord and its property, including the Property, free and harmless from all obligations and liabilities incurred by the Tenant in conducting operations on the Property, whether under this Lease or otherwise.
§ XXVI. SUBORDINATION.
81. This Lease and the Tenant’s rights hereunder shall be subject and subordinate in all respects to any mortgage, deed of trust, or other lien now or hereafter incurred by the Landlord.
82. Upon request of the Landlord, the Tenant shall enter into a subordination agreement or other customary instrument as required by the lienholder.
§ XXVII. DESTRUCTION OR CONDEMNATION OF PROPERTY.
84. The Tenant shall give the Landlord timely notice of any damage to the Property.
§ XXVIII. SUBLETTING AND ASSIGNMENT.
85. The Tenant may not assign or sublease any interest in the Property, nor effect a change in the majority ownership of the Tenant (from the ownership existing at the inception of this Lease), nor assign, mortgage, or pledge this Lease, without the prior express written consent of the Landlord, which shall not be unreasonably withheld.
§ XXIX. COUNTERPARTS.
86. This Lease may be executed in counterparts, including by electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA), each of which shall constitute an original and all of which together shall constitute a single agreement. If the dates set forth at the end of this document differ, this Lease shall be deemed effective as of the date on which both Parties have signed, which may be the later date.
§ XXX. ENTIRE AGREEMENT.
87. This Lease contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter hereof.
88. This Lease supersedes any prior written or oral agreements between the Parties.
§ XXXI. HEIRS AND ASSIGNS.
89. The Tenant may not transfer or assign this Lease, or any portion thereof, to a third party except as otherwise provided herein. Notwithstanding the foregoing, all covenants of this Lease shall succeed to and be binding upon the heirs, executors, administrators, successors, and permitted assigns of the Parties.
§ XXXII. SEVERABILITY.
90. If any provision of this Lease is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
91. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
§ XXXIII. AMENDMENT.
92. This Lease may be modified or amended only in a writing signed by the Party against whom enforcement of the amendment is sought.
§ XXXIV. GOVERNING LAW AND VENUE.
93. This Lease shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties agree that the exclusive venue for any dispute arising out of or relating to this Lease shall be the state or federal courts located in ________ County, State of ________.
§ XXXV. NOTICE.
94. Any notice or communication required or permitted under this Lease shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening provisions of this Lease, or to such other address as one Party may have furnished to the other in writing.
§ XXXVI. WAIVER OF CONTRACTUAL RIGHTS.
95. The failure of either Party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.
§ XXXVII. BINDING EFFECT.
96. The provisions of this Lease shall be binding upon and inure to the benefit of both Parties and their respective legal representatives, successors, and permitted assigns.
IN WITNESS WHEREOF, the Parties have executed this Lease as of the dates set forth below.
EXECUTION:
_________________________________
________, Representative of ________, Landlord
_________________
Date
_________________________________
________, Representative of ________, Tenant
_________________
Date
ACKNOWLEDGMENT
State of ________
County of ________
On this ________, before me, the undersigned notary public, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
_________________________________
Notary Public
My commission expires: ________
EXHIBIT A
Legal Description of the Property
________
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