Wisconsin Commercial Lease Agreement Form

WISCONSIN COMMERCIAL LEASE
This lease agreement is entered into on this the
day of
, by and between:
, (hereinafter called “LANDLORD”), whether one or more, and
, (hereinafter called “TENANT”), whether one or more. For valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, LANDLORD and TENANT do hereby covenant, contract and agree as follows:
1. PREMISES AND TERM: LANDLORD, hereby leases to TENANT for the term commencing upon execution and ending Three Years
after the Rent Commencement Date, (the “TERM”) the following described premises (shown in Exhibit A) located
prejudice to any other rights or remedies which
LANDLORD may have against TENANT.
4. LATE CHARGES:
TENANT shall pay a late charge in the amount of Ten percent (10%) of the outstanding delinquent balance
for any payment of the
in
subject to completion of
rent not made within 10 days after the due date to cover
Landlord’s Work in a workmanlike manner prior (as
described in Exhibit B herein)
County, Wisconsin:
(hereinafter called the “PREMISES or LEASED PREMISES”). TENANT also has a right for the benefit of TENANT, its employees, agents
and invitees for access to and from the Leased Premises through the building and over property of LANDLORD adjoining the Leased
Premises, and to use those parts of the building designated by LANDLORD for use by TENANT, including but not limited to toilet rooms,
elevators and unrestricted parking areas, if any.
2. INTENTIONALLY DELETED
3. RENT:
The TENANT covenants to pay to LANDLORD
Rent of
for the period from Rent
Commencement Date (as defined in Exhibit B) through the first lease year (the lease year ends on the anniversary of the Rent
Commencement Date) in monthly installments of
per month on or before the first day of each month. Then, Rent of $
for the second lease year in monthly installments of $
per month on or before the first day of each month. Then Rent of $
for the third lease year in monthly installments of $
per month on or before the first day of each month
4.
The TENANT shall pay the Rent when due and payable, without any setoff, deduction or prior demand whatsoever. Any payment by
TENANT or acceptance by LANDLORD of a lesser amount than shall be due from TENANT to LANDLORD shall be treated as payment
on account. The acceptance by LANDLORD of a check for a lesser amount with an endorsement or statement thereon, or upon any letter
accompanying such check, that such lesser amount is payment in full, shall be given no effect, and LANDLORD may accept such
check without
the extra expense involved in handling late payments, but not more than $500 dollars for any one month. This charge is in addition to any
other rights or remedies of the LANDLORD.
5. UTILITIES: TENANT shall pay all charges for utilities for the LEASED PREMISES. On failure of TENANT to pay the utilities when
due, LANDLORD shall enforce payment in the same manner as rent in arrears.
6. CONDITION OF PREMISES; USE OF PREMISES: LANDLORD agrees that TENANT, upon paying the rent and on performing
all terms of this lease, shall peaceably enjoy the Leased Premises during the term of this lease. By occupying the Leased Premises as a tenant,
or installing fixtures, facilities, or equipment or performing finished work, TENANT shall be deemed to have accepted the same and to
have acknowledged that the Premises are in the condition required by this lease.
TENANT acknowledges that TENANT has examined and knows the condition of the Leased Premises and the expected Landlord’s work, and
has received the same in good order and repair, and agrees:
(a) To use these Leased Premises only for Tenant’s business
(b) To surrender the Leased Premises to LANDLORD at the end of the Term or any renewal without the necessity of any notice
from either LANDLORD or TENANT to terminate the same, and TENANT hereby expressly waives all right to any notice which
may be required under any laws now or hereafter enacted and in force.
(c) To surrender possession of these Leased Premises at the expiration of this lease without further notice to quit, in as good
condition as
(d)
(e)
(f)
(g)
(h)
Sample gross or modified gross lease Page 1 of 10
reasonable use will permit.
To keep the Premises in good condition and repair at TENANT’s own expense, except repairs which are the duty of LANDLORD.
To perform, fully obey and comply with all ordinances, rules, regulations and laws of all public authorities, boards and officers
relating to the use of the Premises.
Not to make any occupancy of the Leased Premises contrary to law or contrary to any directions, rules, regulations,
regulatory bodies, or officials having jurisdiction or which shall be injurious to any person or property.
Not to permit any waste or nuisance.
Not to use the Leased Premises for living quarters or residence.
TENANT shall pay (a) for any expense, damage or repair occasioned by the stopping of waste pipes or overflow from bathtubs, closets,
washbasins, basins or sinks, and (b) for any damage to window panes, window shades, curtain rods, wallpaper, furnishings, or any other
damage to the interior of the Leased Premises. Tenant shall take appropriate measures to avoid water hammer or other negative
consequences of Tenant’s use of high volumes of water. Tenant shall be responsible for any damage caused by Tenant’s water use and shall
install and operate appropriate equipment to ensure water usage does not have negative consequences to the demised premises or other
parts of the building.
Any signs placed upon or about such Leased Premises shall be approved by LANDLORD and shall, upon the end of the Term of the lease
or upon the earlier termination, be removed by TENANT, and TENANT shall repair any damage to the Leased Premises which shall be
occasioned by reason of such removal.
At all times, TENANT shall keep the sidewalks, if any, in front of or adjoining the Leased Premises clean and in a slightly and sanitary
condition.
All repairs, except those specific repairs set forth below which are the responsibility of the LANDLORD, shall be made by the TENANT at
its own expense. If the LANDLORD pays for the same or any part thereof, LANDLORD shall be reimbursed by TENANT for such amount.
The LANDLORD shall be responsible for making only the following repairs [check those that apply]:
[x] sprinkler system (if applicable)
[x] heating, ventilating or air-conditioning system serving the Premises if, and to the extent, installed by LANDLORD.
Tenant shall maintain in full
However,
force and effect a preventive maintenance contract with a professional HVAC contractor to provide not less than two (2) preventive
maintenance operations per annum. If Tenant does not maintain such contract Landlord’s responsibility in this sub-paragraph shall be limited
only to those repairs not directly or indirectly caused by the lack of such preventive maintenance contract.
[x] structural repairs to exterior walls, structural columns and structural floors which collectively enclose the Premises (excluding,
however, storefronts), and
[x] the roof over the Premises. [x] Other: Parking Lot
[ ] Other:
[ ] Other:
TENANT shall give LANDLORD notice of the necessity for such repairs and that such repairs did not arise from nor were they caused by
the negligence or willful acts of TENANT, its agents, concessionaires, officers, employees, licensees, invitees, or contractors.
7.
FIXTURES AND TRADE FIXTURES. TENANT shall make no changes, improvements, alterations, or additions to the Leased
Premises unless such changes, improvements, alterations, or additions: (a) are first approved in writing by LANDLORD; (b) are not in
violation of restrictions placed thereon by the investor financing the construction of the building; and (c) will not materially alter the character
of such premises and will not substantially lessen the value of the Leased Premises. LANDLORD may not unreasonably withhold approval,
and if there is a dispute as to reasonableness, it shall be determined by arbitration.
All improvements made by TENANT to the Premises which are so attached to the Premises that they cannot be removed without material
injury to the Premises, shall become the property of LANDLORD upon installation. Not later than the last day of the Term, TENANT shall, at
TENANT's expense, remove all of TENANT's personal property and those improvements made by TENANT which have not become the
property of LANDLORD, including trade fixtures, cabinetwork, movable paneling, partitions, and the like; repair all injury done by or in
connection with the installation or removal of such property and improvements; and surrender the Premises in as good condition as they were
at the beginning of the Term, reasonable wear, and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by
TENANT or TENANT's agents, employees, visitors, or licensees, excepted. All property of TENANT remaining on the Premises after the
last day of the Term of this lease shall be conclusively deemed abandoned and may be removed by LANDLORD, and TENANT shall
reimburse LANDLORD for the cost of such removal.
8.
SECURITY DEPOSIT: The TENANT, shall
deposit with the LANDLORD upon execution of this Lease $460 which sum shall be held by the LANDLORD as security for the full faith and
performance by TENANT of all of the terms, covenants and conditions of this lease by TENANT. The security deposit shall be held, applied
to damages or rent and returned to TENANT all in accordance with the laws of the state where the Leased Premises are located and in force at
the time of execution of this lease.
9. LANDLORD’S LIEN: As additional security, TENANT acknowledges, to the extent allowed by applicable law, the LANDLORD’S
right to hold and sell with due legal notice all property on or to be brought on the Premises in order to satisfy unpaid Rent, expenses, and
utilities. No property of TENANT brought onto the Leased Premises shall be removed by TENANT other than in the ordinary course of
business as long as TENANT is in default in the terms of this lease.
10. DEFAULT: Each of the following shall be deemed an Event of Default:
a. Default in the payment of Rent or other payments hereunder.
b.
Default in the performance or observance of any covenant or condition of this lease by the TENANT to be performed or
observed.
c. Abandonment of the premises by TENANT.
d. The filing or execution or occurrence of:
i. Filing a Petition in bankruptcy by or against TENANT.
ii. Filing a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other
relief of the same or different kind under any provision of the Bankruptcy Act.
iii. Adjudication of TENANT as a bankrupt or insolvent: or insolvency in the bankruptcy equity sense.
iv. An assignment for the benefit of creditors whether by trust, mortgage, or otherwise.
v.
A petition or other proceeding by or against TENANT for, or the appointment of, a trustee, receiver, guardian,
conservator or liquidator of TENANT with respect to all or substantially all its property.
vi. A petition or other proceeding by or against TENANT for its dissolution or liquidation, or the taking of possession of the
property of the TENANT by any governmental authority in connection with dissolution or liquidation.
11. NOTICE OF DEFAULT. The parties are desirous
of giving one another fair notice of any default before termination or other action under this lease requiring such notice. In the event of an
act of default with respect to any provision of this lease, neither party can institute legal action with respect to such default without first
complying with the following conditions:
a.
Notice of such event of default must be in writing and must either be hand delivered, mailed to the other party by U.S. Certified Mail,
return receipt requested, or if unable to provide notice by these methods, if notice is from LANDLORD to TENANT by posting the
notice on the front door of the Leased Premises;
b. Such written notice shall set forth the nature of the alleged default in the performance of the terms of this lease and shall designate the
specific paragraph(s) therein which relate to the alleged act of default;
c. Such notice shall also contain a reasonably understandable description of the action to be taken or performed by the other party in order
to cure the alleged default and the date by which the default must be remedied, which date can be not less than the business days
defined below from the date of mailing the notice of default.
If TENANT fails to pay rent when due, LANDLORD may serve a Notice of Default upon the TENANT, requiring payment of rent in full, or
surrender of the premises.
If TENANT fails to comply and cure the breach within
30 days, the Lease terminates, and TENANT must surrender possession.
12. TERMINATION. Upon occurrence of any Event of Default, and after proper notice of default has been given, LANDLORD may, at its
option, in addition to any other remedy or right given hereunder or by law, give notice to TENANT that this lease shall terminate upon the
date specified in the notice, which date shall not be earlier than
10 days after mailing or delivery of such notice.
The foregoing provisions for the termination of this lease shall not operate to exclude or suspend any other remedy of the LANDLORD for
breach, or for the recovery of said Rent for the full term.
13. ACCELERATION. TENANT expressly agrees and understands that upon LANDLORD’S termination of this Lease, the entire remaining
balance of unpaid Rent for the remaining term of this Lease shall ACCELERATE, whereby the entire sum shall become immediately due,
payable, and collectable. To the extent allowed by law, LANDLORD may hold the portion of TENANT’S security deposit
remaining after reasonable cleaning and repairs as a partial offset to satisfaction of the accelerated Rent. Landlord has a duty to mitigate
damages by making
reasonable efforts to relet the premises.
14. REPOSSESSION. Upon termination of this lease as provided herein, or pursuant to statute, or by summary proceedings or otherwise, the
LANDLORD may enter forthwith, without further demand or notice to TENANT, and resume possession of the Leased Premises. In no
event shall such re-entry or resumption of possession or reletting as hereafter provided be deemed to be acceptance or surrender of this
lease or a waiver of the rights or remedies of LANDLORD hereunder.
15. DEFAULT BY LANDLORD. In the event of any default by LANDLORD, TENANT, before exercising any rights that it may have at
law to cancel this lease, must first send notice by registered or certified mail, or hand delivery, to LANDLORD, and shall have offered
LANDLORD Ten (10) days in which to correct and cure the default or commence a good faith effort to cure such default.
16. RELETTING AFTER TERMINATION.
reasonable efforts to relet the Premises.
Upon termination of this lease in any manner above provided, LANDLORD shall use
17. DAMAGES. Upon termination of this lease in any manner above provided, or by summary proceedings or otherwise, TENANT shall
pay to LANDLORD without demand or notice the amounts due under this lease, plus Landlord’s attorney fees , and any other amounts that
may lawfully be due, subject to Landlord’s duty to mitigate
18. EXCLUSIVITY OF LANDLORD’S REMEDIES: The receipt of Rent after default, or after judgment or after execution, shall not
deprive the LANDLORD of other actions against the TENANT for possession or for Rent or for damages, and all such remedies
are non-exclusive and can be exercised concurrently or separately as LANDLORD desires.
19. LANDLORD NOT LIABLE FOR INJURY OR DAMAGE TO PERSONS OR PROPERTY: The LANDLORD shall not be liable for
any injury or damage to any person or to any property at any time on said Premises or building from any cause whatever that may at any time
exist from the use or condition of the Premises or building from any cause, during the Term or any renewal of this lease.
20. CAM/TAX/INSURANCE: Tenants rental payments are inclusive of all costs of operating and maintaining the center except for Tenant’s
utilities for their demised premises. Landlord shall pay all real estate taxes when due.
21. RIGHT OF RE-ENTRY. LANDLORD shall have the right, by itself or agent or with others, to enter the
Premises at reasonable hours to examine or exhibit the premises, or to make such repairs and alterations as shall be deemed necessary for the
safety and preservation of the building, to inspect and examine, to post such notices as LANDLORD may deem necessary to protect
LANDLORD against loss from liens of laborers, materialmen or others, and for the purpose of permitting or facilitating LANDLORD’s
performance of its obligations hereunder, or for any other reasonable purpose which does not materially diminish TENANT’s enjoyment or use
of the Leased Premises.
22. HOLDOVER. If TENANT shall holdover after the expiration of the Term hereof, with the consent of LANDLORD, express or
implied, such tenancy shall be from month to month only, and not a renewal hereof; and TENANT agrees to pay Rent and all other charges as
provided herein, and also to comply with all covenants of this lease for the time TENANT holds over. TENANT shall be entitled to
possession until LANDLORD has given TENANT thirty (30) days notice that such month to month tenancy shall be terminated; otherwise,
notice is only required as hereinafter provided as notice of default.
If TENANT shall hold over without the consent of LANDLORD, express or implied, then TENANT shall be construed to be a tenant at
sufferance at double the Rent herein provided, prorated by the day until possession is returned to LANDLORD.
TENANT’S holding over beyond the expiration of the notice period of a lawful Notice of Termination constitutes holding over
without the consent of the LANDLORD, and TENANT shall be construed to be a tenant at sufferance, at double the Rent herein provided,
prorated by the day until possession is returned to LANDLORD, without limitation to LANDLORD’S remedies and rights of recovery under
applicable law.
23. NATURE OF RELATIONSHIP BETWEEN PARTIES. The sole relationship between the parties created by this agreement is that of
LANDLORD and TENANT. Nothing contained in this lease shall be deemed, held, or construed as creating a joint venture or partnership
between the parties.
24. RIGHT
OF
LANDLORD
TO
PAY OBLIGATIONS OF TENANT TO OTHERS. If TENANT shall fail or refuse to pay
any sums due to be paid by it under the provisions of this lease, or fail or refuse to maintain the Leased Premises or any part thereof as herein
provided, then, and in such event, LANDLORD, after 10 days notice in writing by LANDLORD to TENANT, shall have the right to pay any
such sum or sums due to be paid by TENANT and to do and perform any work necessary to the proper maintenance of the Leased Premises;
and the amount of such sum or sums
paid by LANDLORD for the account of TENANT and the cost of any such work, together with interest on such amount at the maximum legal
rate from the date of payment by LANDLORD until the repayment to LANDLORD by TENANT, shall be paid by TENANT upon demand in
writing. The payment by LANDLORD of any such sum or sums or the performance by LANDLORD of any such work shall be prima facie
evidence of the necessity for such work.
25. MECHANICS AND OTHER LIENS IMPOSED BY TENANT. TENANT shall keep the Leased Premises and the improvements at
all times during the term free of mechanics and materialmen’s liens and other liens of like nature, other than liens created and claimed by
reason of any work done by or at the instance of LANDLORD, and at all times shall fully protect and indemnify LANDLORD against all such
liens or claims and against all attorneys’ fees and other costs and expenses growing out of or incurred by reason or on account of any such
liens or claims. Should TENANT fail to fully discharge any such lien or claim, LANDLORD, at its option, may pay the same or any part
thereof, and LANDLORD shall be the sole judge of the validity of such lien or claim.
All amounts so paid by LANDLORD, together with interest the maximum legal rate from the time of payment by LANDLORD until
repayment by TENANT, shall be paid by TENANT upon demand, and if not so paid, shall continue to bear interest at the aforesaid rate,
interest payable monthly, as additional rent.
26. CONDEMNATION CLAUSE: In the event that all or a part of the Premises is taken by eminent domain or conveyed in lieu of
eminent domain, if the Leased Premises cannot reasonably be used by TENANT for their intended purpose, then this lease will terminate
effective as of the date that the condemning authority shall take possession of the same.
27. FIRE CLAUSE: The TENANT agrees to notify LANDLORD of any damages to the Leased Premises by fire or other hazard and
also of any dangerous or hazardous condition within the Leased Premises immediately upon the occurrence of such fire or other hazard or
discovery of such condition.
Upon occurrence of a fire, repairs shall be made by LANDLORD as soon as reasonably may be done unless the costs of repairing the
Premises exceed 25% of the replacement cost of the building in which case the LANDLORD may, at its option, terminate this lease by
giving TENANT written notice of termination within 30 days of the date of the occurrence.
If the LANDLORD does not terminate this Lease pursuant
to the paragraph above, then LANDLORD has 30 days after the date of occurrence to give written notice to TENANT setting forth its
unqualified commitment to make all necessary repairs or replacements, the projected date of commencement of such repairs, and the
LANDLORD’S best good faith estimate of the date of completion of the same.
If the LANDLORD fails to give such notice, or if the date of completion is more than 90 days after the date of the occurrence, then the
TENANT may, at its option, terminate this lease and the LANDLORD will be obliged to refund to the TENANT any rent allocable to the
period subsequent to the date of the fire.
28. WAIVER OF NONPERFORMANCE: Failure of the LANDLORD to exercise any of its rights under this lease upon nonperformance
by the TENANT of any condition, covenant or provision herein contained shall not be considered a waiver, nor shall any waiver of
nonperformance of any such condition, covenant or provision by the LANDLORD be construed as a waiver of the rights of the LANDLORD
as to any subsequent defective performance or nonperformance hereunder.
29. PAROL EVIDENCE CLAUSE: This instrument constitutes the final, fully integrated expression of the agreement between the
LANDLORD and the TENANT, and it cannot be modified or amended in any way except in writing signed by the LANDLORD and
TENANT.
30. SUBORDINATION: This lease is subordinate to the lien of all present or future mortgages that affect the Leased Premises and to all
renewals, modifications, replacements and extensions of this lease. This clause shall be self-operative but in any event TENANT agrees
to execute promptly and deliver any estoppel certificate or other assurances that LANDLORD may request in furtherance of this provision.
31. INSURANCE: TENANT shall, during the entire term of the lease keep in full force and effect a policy of public liability insurance
with respect to the property and the business operated by TENANT in the property and which the limits of general liability shall be in the
amount of One Million Dollars ($1,000,000) combined single limit, naming LANDLORD as additional insured. Such coverage shall
include a broad form general liability endorsement. The policy shall contain a clause that the TENANT will not cancel or change the
insurance without first giving the LANDLORD ten (10) days prior written notice.
LANDLORD shall during the term hereof, at it's sole expense, provide and keep in force insurance on the building against loss or damage
by fire and extended
coverage, in an amount equal to one hundred percent (100%) of the full insurable value, which insurance shall be placed with an insurance
company or companies approved by LANDLORD and licensed to do business in the state wherein lay the Leased Premises. The term "full
insurable value" shall mean actual replacement value of the building (exclusive of costs of excavation, foundations and footing below ground
level). The insurance required under this paragraph shall be carried in the name of the LANDLORD and TENANT and shall provide that
any proceeds thereunder shall be paid to LANDLORD and TENANT and any applicable mortgage holder, according to their respective
interests.
Duplicate originals or certificates of insurance of the policies provided shall be furnished by LANDLORD and TENANT to each other and
shall contain an agreement by the insurer that such policy or policies shall not be canceled without at least ten (10) days prior notice to the
LANDLORD and TENANT.
32. NOTICES.
All notices and communications concerning this lease shall be mailed to the parties at the following addresses:
COSTS. If, upon failure of either party to comply with any of the covenants, conditions, rules or regulations of and in this lease, and suit
should be brought for damages on account, or to enforce the payment of Rent herein stipulated, or to recover possession of the Premises or to
enforce any provision hereof, the losing party agrees to pay to the prevailing party reasonable costs and expenses incurred in prosecuting
these suits.
35. ASSIGNMENTS AND SUB-LEASE: The TENANT hereby agrees not to assign this lease voluntarily or involuntarily, nor to sub-lease
the Premises or any part of the Leased Premises, without the written consent of the LANDLORD, (such consent not to be unreasonably
witheld )under penalty of instant forfeiture of this lease. All rights and liabilities herein given to or imposed upon either of the parties shall
extend to the heirs, executors, administrators, successors and assigns of such party.
36. INTERPRETATION. Whenever any word is used in this agreement in the masculine gender, it shall also be construed as being used in the
feminine and neuter genders, and singular usage shall include the plural and vice versa, all as the context shall require.
LANDLORD
TENANT
37. MODIFICATION. Any modification or amendment off this agreement shall be in writing and shall be executed by all parties.
33. SALE BY LANDLORD. In the event of a sale or conveyance by LANDLORD of all or part of the Leased Premises, the same shall
operate to release LANDLORD from any future liability upon any of the covenants or conditions, express or implied, herein contained in
favor of TENANT, and in such event TENANT agrees to look solely to the responsibility of the successor in interest of LANDLORD in and
to this lease. This lease shall not be affected by any such sale, and TENANT agrees to attorn to the purchaser or assignee.
TENANT
agrees to permit LANDLORD, at any time within 60 days prior to the expiration of this lease, to place upon or in the window of the leased
premises any usual or ordinary For Rent or similar sign and to allow prospective tenants, applicants or agents of LANDLORD to enter and
examine the Leased Premises during the last 60 days of the term hereof, and to permit LANDLORD or LANDLORD’s agents, at any time
during the term hereof, to conduct prospective purchasers through the Leased Premises during reasonable business hours.
34. COURT ACTION, ATTORNEY’S FEES AND
38. SEVERABILITY CLAUSE: If any term, covenant, condition, or provision of this lease is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated.
39. LAW TO APPLY: This lease shall be construed under and in accordance with the laws of the State of Wisconsin.
govern every aspect of the enforcement of this lease.
40. ADDENDUMS.
Those laws shall
The following addendums are attached to this lease and shall be initialed by the parties.
( ) Option to Purchase
( ) Arbitration Agreement
( x ) Demised Premises Exhibit “A” ( x ) Landlord’s Work Exhibit “B” (x) Personal Guarantee Exhibit (C)
(x ) Buildout Drawing Exhibit “D”
41. OTHER PROVISIONS:
SIGNAGE: Tenant shall have the right to install signage on the west and/or east building faces in an area not to extend closer than one foot
to the north or south boundary of premises. Signage shall not be greater in total area than
of the total sign area allowable by the City of
for the entire east and west faces of the building.
Tenant shall install all Tenants signage at Tenant’s sole cost and in a workmanlike manner. Landlord shall have the right to review and
approve Tenant’s signage and shall grant approval within five days of submittal or provide a written list of objections. Landlord’s approval
shall not be unreasonably witheld.
In addition, Landlord shall grant Tenant
of time on Landlords reader board (compared to all time the board is operating for
advertisements). Landlord shall allow Tenant twelve (12) changes per annum. Reader board signage shall also be subject to Landlord’s
approval as
other provided herein
SQUARE FOOTAGE: All square footage is measured from the exterior surface of exterior walls and the centerline of common walls. The
square footage of the lease is agreed to be 803 square feet. If the actual square footage to be built as per Landlord’s plans submitted to
tenant for approval AND for building permit is more or less than
square feet the rent will be adjusted proportionally with a
maximum adjustment of 10%. If the adjustment would be more than 10% either party may (but is not required to) terminate lease without
recourse.
All documents such as schedules, exhibits and like documents are incorporated herein and shall initialed by all parties. If TENANT is a
corporation, each person executing this lease represents and warrants that he is duly authorized to execute and deliver this lease on behalf
of the corporation. Those persons further represent that the terms of this lease are binding upon the corporation.
In Witness Whereof, the undersigned LANDLORD and TENANT execute this lease to be effective as of the day and date first above written.
TENANT(s)
LANDLORD(s)
Signature
Signature
Signature
Signature
EXHIBIT “A” THE PREMISES
The Premises begin at the
EXHIBIT “B” LANDLORD’S WORK
“Substantially Complete” means that the premises are habitable and functional for their intended use
and that there are no defects comprising more than $1,000 in total to complete (at Landlords cost).
The date Landlord’s Work is Substantially Complete is the Rent Commencement Date and Tenant
shall on that date pay the first rent payment equal to the first full calendar month plus pro-rated rent
from the Rent Commencement Date to the beginning of the first full calendar month. on the Rent
Commencement date. If the rent Commencement date is a d Landlord and Tenant shall create a list of
such defects which shall be remedied within two weeks of such a list. If Landlord’s work is not
Substantially Complete within the 45 days Tenant shall not be required to occupy until Landlord’s
Work is Substantially Complete which period shall not be longer than three weeks hence or Tenant
may terminate this lease. If Tenant chooses to occupy anyway, Rent shall be at 50% of the rent in the
lease pro-rated daily until the premises are Substantially Complete.
Exhibit “C” - Personal Guarantee
If a lease is entered into between the lessor of the above described premises and the lessee(s) named above, the
undersigned Guarantor(s) do/does hereby personally guarantee full compliance with the terms and conditions of said
lease including, but not by way of limitation, the payment of rent and any other charges therein and provisions
pertaining to joint and several liability of lessee under said lease.
This agreement shall remain in full force and effect for the term of said lease and any renewals, extensions,
modifications, amendments or subsequent lease agreements between said lessor and the
lessee named below regarding the above described demised premises or other premises owned by same lessor within
the same shopping center. The terms and conditions of this guarantee agreement shall be binding upon the guarantor
and the guarantor’s respective heirs, executors, administrators, personal representatives, successors, beneficiaries
and assigns. The Guarantor(s) shall pay for reasonable and customary costs incurred by Landlord to enforce the
terms of this Guarantee.
Name
Address
Guarantor #1
Guarantor #2
City/State/Zip
Phone e-mail SSN
SIGNATURE
EXHIBIT “D” DRAWING
THE FOLLOWING DRAWINGS ARE SPACE PLAN DRAWINGS AND DO NOT INCLUDE PLUMBING OR ELECTRIC OR
HEATING DETAIL. SUCH DETAILS SHALL BE PROVIDED IN THE ELECTRICIANS AND PLUMBERS PLANS. LANDLORD
AND TENANT SIGNATURES ON THIS LEASE INDICATE ACCEPTANCE OF THESE DRAWINGS AS A CONCEPT TO BE
CONVERTED TO DRAWINGS SUITABLE FOR OBTAINING A BUILDING PERMIT. LANDLORD SHALL HAVE THE RIGHT TO
MOVE THE LOCATION WITHIN THE BULDING SO LONG AS THE OVERALL SPACE CONFIGURATION IS EQUIVALENT TO
THIS CONCEPT