COMMERCIAL
LEASE
AGREEMENT
This Lease Agreement made the ____ day of _________________, 20____, by and between
_____________________________________ [name of lessor], of ________________________________________________
[street address], State of ________________, hereinafter referred to as "Lessor", and
_____________________________________ [name of lessee], of
________________________________________________ [street address], State of ________________, hereinafter referred to
as "Lessee", collectively referred to herein as the “Parties”, agree as follows:
WITNESSETH: 1. PREMISES: Lessor does hereby lease to Lessee, those certain premises commonly known as: as shown on
Exhibit B attached hereto, (here-in-after called "premises"), being situated upon land legally described in Exhibit A,
attached hereto.
2. TERM: The term of this Lease shall be for _________________________________________ commencing the _________ day
of _____________________, ________, and shall terminate on the _________ day of __________________________,
____________.
3. RENT: Lessee covenants and agrees to pay Lessor, at Lessor's address __________________________________________
___________________________________________________________________________ monthly rent in the amount of
____________________________________________________________________ Dollars ($ ____________________), in
advance on the first day of each month of the lease term. If not paid within five days, a service charge of $___________
shall also be due. Lessor hereby acknowledges receipt of ______________________________________________________
Dollars ($ ____________________) for the first and ___________ months rent.
4. UTILITIES AND FEES: Lessee agrees to pay all charges for light, heat, water, sewer, garbage, drainage, metro and all
other utilities and services to the premises during the full term of this lease. Above items, if any, included in the rent
payment are
____________________________________________________________________________________________________.
5. REPAIRS AND MAINTENANCE: Premises have been inspected and are accepted by Lessee in their present
condition. Lessee shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition,
and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of
governmental authorities. Lessee shall permit no waste, damage or injury to the premises.
6. SIGNS AND ALTERATIONS: All signs or symbols placed by Lessee on or about the premises shall be subject to
Lessor's prior written approval. After prior written consent of Lessor, Lessee may make alterations, additions and
improvements in said premises, at Lessee's sole cost and expense. Lessor may elect to require Lessee to remove any such
alterations, additions or improvements upon termination of this lease and at Lessee's sole cost and expense.
7. LIENS AND INSOLVENCY: Lessee shall keep the premises free from any liens arising out of any work performed for,
materials furnished to, or obligations incurred by Lessee, and shall indemnify and hold Lessor harmless against the
same. In the event Lessee becomes insolvent, bankrupt, or if a receiver, assignee or other liquidating officer is appointed
for the business of Lessee. Lessor may cancel this Lease at its option.
8. SUBLETTING OR ASSIGNMENT: Lessee shall not sublet the whole or any part the premises, nor assign this Lease,
without the written consent of Lessor, which will not be unreasonably withheld. This Lease shall not be assignable by
operation of law. Any assignment shall not release the lessee from liability under this lease unless the assignment states
such.
9. DAMAGE OR DESTRUCTION: In the event the premises are rendered untenantable in whole or in part by fire, the elements,
or other casualty, Lessor shall notify Lessee, within thirty (30) days after such casualty, that Lessor will undertake to rebuild or
restore the premises, and that such work can be completed within one hundred eighty (180) days from date of such notice of
intent. If Lessor cannot restore or rebuild the premises within the said one hundred eighty (180] days, then the Lease may be
terminated at Lessee's option by written ten (10) day notice to Lessor. During the period of untenantability, rent shall abate in
the same ratio as the portion of the premises rendered untenantable bears to the whole of the premises.
10. ACCIDENTS AND USABILITY: Lessor or its agent shall not be liable for any injury or damage to persons or property
sustained by Lessee or other, in and about the premises. Lessee agrees to defend and hold Lessor and its agents harmless from any
claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the premises by
any person, firm or corporation, unless caused by Lessor's negligence.
11. COSTS AND ATTORNEY'S FEES: If, by reason of any default or breach on the part of either party in the performance of
any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney's
fees in connection therewith, including costs and fees to collect any judgment. It is agreed that the venue of any legal action
brought under the terms of this Lease may be in the county in which the premises are situated. Interest on unpaid sums shall
accrue at the rate of 12 percent per annum from due date, even if not liquidated at that time.
12. SUBORDINATION: Lessee agrees that this Lease shall be subordinate to any mortgages or deeds of trust placed on the
property described in Exhibit A, provided, that in the event of foreclosure, if Lessee is not then in default and agrees to attorn to
the mortgagee or beneficiary under deed of trust, such mortgagee or beneficiary shall recognize Lessee's right of possession for
the term of this Lease.
13. NO WAIVER OF COVENANTS: No conduct of a party shall constitute accord and satisfaction, unless contained in a writing
to such effect arid signed by the parties. Any waiver by either party of any breach hereof by the other shall not be considered
waiver of any future similar breach. This Lease contains all the agreements between the parties; and there shall be no modification
of the agreements contained herein except by written instrument.
14. SURRENDER OF PREMISES: Lessee agrees, upon termination of this Lease, to peacefully quit and surrender the premises
without notice, leave the premises neat and clean and to deliver all keys to the premises to Lessor. If Lessor elects to require Lessee
to remove alterations, additions or improvements made by Lessee, then Lessee shall restore the premises to their previous
condition, less reasonable wear and tear.
15. BINDING ON HEIRS, SUCCESSORS ANDASSIGNS: The covenants and agreements of this Lease shall be binding upon the
heirs, executors, administrators, successors and assigns of both parties hereto, except as here-in-above provided.
16. USE: Lessee shall use the premises for the purposes of _____________________________________________________
___________________________________________________________________________________ and for no other purposes, without
written consent of Lessor.
17. NOTICE: Any notice required to be given by either party to the other shall be deposited in the United States mail, postage
prepaid, addressed to the Lessor at,
_________________________________________________________________________________________ or to the Lessee at,
________________________________________________________________________________________________ or at such other
address as either party may designate to the other in writing from time to time. A facsimile transmission will suffice in lieu of mail
if receipt is confirmed as to date and time.
18. RIDERS: Riders, if any, attached hereto, are made apart of this lease by reference and are described as:
19. TIME IS OF THE ESSENCE OF THIS LEASE.
20. If Lessee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he
is duly authorized to execute and deliver this Lease on behalf of said corporation in accordance with a duly adopted resolution of
the Board of Directors of said corporation or in accordance with the By-Laws of said corporation; and that this Lease is binding
upon said corporation in accordance with its term. If Lessee is a corporation, Lessee shall, within thirty (30) days after execution
of this Lease, deliver to Lessor or certified copy of a resolution of the Board of Directors of said corporation authorizing or
ratifying the execution of this Lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the dale first above written.
_____________________________________ _____________________________________
