Alaska warehouse lease agreement template

Alaska Warehouse Lease Agreement

This Alaska Warehouse Lease Agreement (the “Agreement”) is made and entered into as of this [Date of Execution], by and between:

• [Landlord Legal Name], with a principal place of business at [Landlord Full Address] (hereinafter referred to as “Landlord”), and
• [Tenant Legal Name], with a principal place of business at [Tenant Full Address] (hereinafter referred to as “Tenant”).

1. Property and Premises

• The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises (the “Premises”) located at [Physical Address of Warehouse], legally described as [Legal Description of Property], with plat number [Plat Number], situated in the [Borough Name], Alaska.
• The Premises includes a total interior square footage of [Square Footage], including [Number] loading docks, existing racking systems (if any) with a clear span of [Clear Span], ceiling height of [Ceiling Height], and floor load capacity of [Floor Load Capacity].
• The Premises further includes [Description of Access Doors], climate control features of [Description of Climate Control] (if any), a security system of [Description of Security System], exterior storage area of [Size of Exterior Storage] square feet (if any), truck maneuvering areas, and [Number] parking spaces.
• Option A: Surrounding land included is described as [Description of Surrounding Land].
• Option B: There is no surrounding land included.

2. Permitted Use

• The Premises shall be used solely for [Permitted Use: e.g., warehousing, storage, distribution, light industrial], and for no other purpose. This use is permitted under the zoning ordinance.
• The Tenant shall not use the Premises for any unlawful purpose, or any purpose that is not expressly permitted under this Agreement.
• The Tenant shall not use the Premises for any retail or residential purposes.
• Option A: Special use restrictions regarding hazardous materials: [Description of Restrictions]. Tenant shall comply with Alaska Department of Environmental Conservation regulations.
• Option B: Special use restrictions regarding noise: [Description of Restrictions]. Tenant shall comply with municipal noise ordinances.
• Option C: Special use restrictions regarding flammable or regulated substances: [Description of Restrictions]. Tenant shall comply with local fire codes.

3. Compliance with Laws

• The Tenant shall comply with all applicable local [Borough Name] or applicable borough zoning, building, health, fire, and occupational safety codes, Alaska Environmental Protection Agency standards, and any tribal land provisions if applicable.

4. Lease Term

• The term of this Lease shall commence on [Start Date] and shall expire on [Expiration Date] (the “Lease Term”).
• Option A: Renewal Option: Tenant shall have the option to renew this Lease for an additional term of [Number] years, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the initial Lease Term.
• Option B: Extension Option: The lease can be extended by a period of [Number] months, provided Tenant gives Landlord written notice of its intent to extend at least [Number] days prior to the expiration of the initial Lease Term.

5. Early Termination

• Option A: Landlord's Right: Landlord may terminate this Lease early only upon Tenant's uncured default as specified herein.
• Option B: Tenant's Right: Tenant may terminate this Lease early by providing [Number] days written notice to Landlord and paying a liquidated damages fee of [Dollar Amount].
• Option C: Force Majeure: In the event of force majeure, including but not limited to earthquakes or extreme weather events common to Alaska, affecting the Premises, either party may terminate this Lease upon written notice to the other party.

6. Rent

• The base rent for the Premises shall be [Dollar Amount] per [Month/Quarter/Year], payable in advance on the [Day] day of each [Month/Quarter].
• Option A: Escalation Clause: The base rent shall increase by [Percentage]% per year, commencing on [Date].
• Option B: No Escalation: The base rent shall remain fixed for the entire Lease Term.
• Late Fee: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount or Percentage]% will be assessed.
• Non-Payment: In the event of non-payment of rent, Landlord may pursue all remedies available under Alaska law, including eviction.
• Gross Receipts Tax: Tenant shall be responsible for paying any applicable Gross Receipts Tax or state tax surcharges where applicable.

7. Taxes and Assessments

• Tenant shall be responsible for all leasehold excise taxes, borough property taxes, and any Alaska-specific tax or assessment levied on Tenant's business operations or leasehold interest.

8. Utilities and Expenses

• Landlord shall be responsible for: [List of Landlord-Paid Utilities and Expenses]
• Tenant shall be responsible for: [List of Tenant-Paid Utilities and Expenses] including electricity, fuel oil, water, sewer, and waste disposal.
• Option A: Snow Removal: Tenant shall be responsible for snow removal from walkways and parking areas, and Landlord shall be responsible for snow removal from the roof.
• Option B: Snow Removal: Landlord shall be responsible for snow removal from the Premises. Landlord will make commercially reasonable efforts to ensure snow removal occurs with frequency sufficient to maintain operations. Cost allocation for snow removal: [Description of Cost Allocation].

9. Common Area Maintenance (CAM)

• Tenant shall pay a monthly CAM charge of [Dollar Amount] for the maintenance of grounds, parking areas, exterior lighting, and landscaping. Landscaping will consist of species hardy to Alaska's climate.

10. Maintenance and Repairs

• Landlord shall be responsible for the repair and maintenance of the structure, roof, exterior walls, and fire suppression systems.
• Tenant shall be responsible for the repair and maintenance of the interior of the Premises, including doors, dock equipment, and HVAC systems (if any).
• Code Compliance Upgrades: [Party Responsible] shall bear the cost of code compliance upgrades, including seismic, insulation, and stormwater onsite retention, as required by Anchorage/borough code.

11. Alterations and Improvements

• Tenant shall not make any alterations or improvements to the Premises without the prior written consent of Landlord.
• Any alterations or improvements made by Tenant shall become the property of Landlord upon the expiration or termination of this Lease.
• Restoration Requirements: Upon termination of the lease, Tenant will [Required to restore premises / Not Required to restore premises]. If restoration is required, Tenant will need to remove fixtures, shelving, specialized installations and restore the premises to its original conditions.
• Permitting: Tenant is responsible for procuring and complying with borough permits required for any alterations, racking, installing heavy equipment, or improving loading areas.

12. Subleasing and Assignment

• Tenant shall not sublease the Premises or assign this Lease without the prior written consent of Landlord, which consent shall not be unreasonably withheld.
• All subleases and assignments shall be subject to the terms and conditions of this Lease.

13. Signage

• Tenant shall have the right to install signage on the Premises, subject to Landlord's approval and compliance with all applicable borough codes and warehouse area covenants.

14. Insurance

• Tenant shall maintain commercial general liability insurance with a limit of not less than [Dollar Amount] per occurrence, property insurance covering the Premises and Tenant's personal property, equipment breakdown insurance, and business interruption insurance.
• Landlord shall be named as an additional insured on Tenant's commercial general liability insurance policy.
• Tenant shall maintain insurance for inventory, hazardous materials (if applicable), and proper environmental coverage.

15. Accidents and Incidents

• Tenant shall promptly report any accidents, incidents involving hazardous materials, or structural failures to Landlord.

16. Fire and Disaster Readiness

• Tenant shall comply with all Alaska fire code requirements and maintain appropriate safety equipment, including sprinklers (if applicable), fire extinguishers, emergency exits, and signage. Annual inspections are mandatory.

17. Environmental Compliance

• Tenant shall comply with all applicable stormwater runoff management and spill prevention plans per state and EPA warehouse standards.

18. Pest Control

• [Landlord/Tenant] shall be responsible for pest, wildlife, or rodent control on the Premises.

19. Move-In and Move-Out

• Prior to taking possession of the Premises, Tenant and Landlord shall conduct a pre-possession inspection and document the condition of the Premises.
• Upon the expiration or termination of this Lease, Tenant shall surrender the Premises in broom-clean condition and free of all personal property and debris.
• Tenant shall ensure environmental decontamination of the Premises, if required.
• Abandoned property or fixtures shall be handled according to Alaska law.
• Tenant will either dispose or restore racking and equipment, depending on prior arrangements.

20. Security Deposit

• Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease.
• The security deposit may be used to cover any damages to the Premises, unpaid rent, or other amounts owed by Tenant under this Lease.
• The security deposit, less any deductions, shall be returned to Tenant within [Number] days after the expiration or termination of this Lease.

21. Dispute Resolution

• Any disputes arising under this Lease shall be resolved through direct negotiation.
• If direct negotiation fails, the parties agree to submit the dispute to mediation before a qualified mediator in [City, Alaska].
• If mediation fails, the parties may pursue arbitration before an Alaska panel or litigation in the courts of the State of Alaska. This Lease shall be governed by and construed in accordance with the laws of the State of Alaska. Venue shall be [City, Alaska].

22. Entire Agreement

• This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether oral or written.
• This Agreement may not be modified or amended except in writing signed by both parties.

23. Landlord's Authority

• Landlord warrants that it has the full right, power, and authority to enter into this Lease.

24. Access

• Landlord shall have the right to access the Premises for reasonable purposes, including inspections and repairs, upon reasonable notice to Tenant, except in cases of emergency.
• Utility providers shall have access to the premises for maintenance and emergency repairs.

25. Default and Remedies

• In the event of a default by Tenant, Landlord shall have all remedies available under Alaska law, including the right to terminate this Lease and re-let the Premises.
• Tenant shall have the right to cure any breach within [Number] days of receiving written notice from Landlord.
• Alaska-Specific Abandonment Procedures: If Tenant abandons the Premises, Landlord may proceed according to AS 34.03 (where applicable) or other relevant Alaska statutes.

26. Notices

• All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the parties at their respective addresses set forth above.

27. Mortgage or Transfer

• Landlord shall have the right to mortgage or transfer the property.
• Tenant shall have [Right of first offer / Right of first refusal / No Rights] for the purchase of the property.

28. Compliance with Regulations

• This Lease shall comply with all applicable Alaska real estate licensing regulations, commercial lease statutory requirements (AS 34.03, where applicable), and local business licensing rules.
• This Lease shall incorporate relevant warehouse industry standards or best practices as may be required by the Tenant’s business operations or insurer.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Landlord:

[Landlord Legal Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

Tenant:

[Tenant Legal Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]