Colorado office lease agreement template
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How Colorado office lease agreement Differ from Other States
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Colorado law mandates specific disclosure requirements for environmental hazards, such as radon, which may not be required in other states.
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Security deposit regulations in Colorado prohibit the use of non-refundable deposits and set specific return timelines, differing from many states.
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Colorado's statutes allow parties to customize maintenance and repair obligations within the lease, offering greater flexibility than some states.
Frequently Asked Questions (FAQ)
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Q: Is a written lease agreement required for commercial office space in Colorado?
A: While not legally required, a written lease is strongly recommended to clearly outline terms and protect both parties.
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Q: How much security deposit can a landlord charge under a Colorado office lease?
A: There is no statutory limit for commercial leases, but terms must be clearly stated in the agreement and comply with general contract law.
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Q: What notices are required before increasing rent in a Colorado office lease?
A: Notice periods should be stated in the lease. If not, Colorado law requires reasonable notice, often at least 30 days.
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Colorado Office Lease Agreement
This Colorado Office Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type], with a principal place of business at [Landlord Address] (hereinafter referred to as "Landlord"), and [Tenant Name], a [Tenant Entity Type], with a principal place of business at [Tenant Address] (hereinafter referred to as "Tenant"). Landlord’s registered agent is [Landlord Registered Agent Name], located at [Landlord Registered Agent Address]. Tenant’s registered agent is [Tenant Registered Agent Name], located at [Tenant Registered Agent Address].
1. Premises
The Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the following premises (the "Premises") located at [Property Address], Suite/Unit [Suite/Unit Number], in the city of [City], County of [County], State of Colorado.
- Description of Premises: The Premises consist of approximately [Rentable Square Footage (RSF)] rentable square feet (RSF) and [Usable Square Footage (USF)] usable square feet (USF), located on the [Floor Number] floor. Access points include [Access Points Description].
- Parking: Tenant shall be allocated [Number] parking spaces at a ratio of [Parking Ratio] per 1,000 RSF.
- Option A: [Number] spaces are reserved.
- Option B: [Number] spaces are unreserved.
- Common Areas: Tenant shall have the right to use the common areas of the Building, including but not limited to [List Common Areas].
- Building Amenities: The Building amenities include: [List Amenities, e.g., Reception, Meeting Rooms, Elevators, Restrooms, Kitchenettes, Internet Infrastructure, HVAC Specifications, Security Systems, ADA Access].
- Landlord-Furnished Services: Landlord shall furnish the following services to the Premises: [List Services].
2. Use of Premises
The Premises shall be used solely for general office purposes, consistent with applicable zoning codes.
- Option A: The permitted use is specifically limited to [Specific Office Use].
- Option B: The permitted use expressly excludes [Prohibited Uses].
Tenant shall comply with all applicable zoning and city ordinances, including but not limited to Colorado local municipality regulations. Tenant shall not use the Premises for retail, residential, industrial, or any other unauthorized purpose. Subleasing and assignment are prohibited without Landlord's prior written consent, which consent shall not be unreasonably withheld. Tenant shall comply with all written building rules and owners' association covenants. Tenant is responsible for securing all required business or professional licenses required by Colorado and local government for the permitted office use.
3. Lease Term
The term of this Lease shall commence on [Commencement Date] (the "Commencement Date") and shall expire on [Expiration Date] (the "Expiration Date"), unless sooner terminated as provided herein.
- Early Possession:
- Option A: Tenant shall have the right to early possession of the Premises commencing on [Early Possession Date], subject to the terms and conditions of this Lease.
- Option B: Early possession is not permitted.
- Holdover: Any holdover beyond the Expiration Date shall be on a month-to-month basis at [Percentage]% of the then-current monthly rent.
- Renewal Option:
- Option A: Tenant shall have [Number] option(s) to renew this Lease for a term of [Number] years each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the Expiration Date. The rent for the renewal term shall be determined as follows: [Rent Reset Language, e.g., fair market value].
- Option B: No renewal option is granted.
- Early Termination:
- Option A: Tenant shall have the right to terminate this Lease early by providing Landlord with [Number] months written notice and paying a cancellation fee of [Dollar Amount].
- Option B: No early termination right is granted.
4. Rent
Tenant shall pay Landlord base rent in the amount of [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], commencing on [Rent Commencement Date]. Rent shall be paid [Frequency, e.g., monthly] in advance, by [Method of Payment, e.g., check, electronic transfer], to Landlord at [Payment Address].
- Late Fees: Any payment received more than [Number] days after the due date shall be subject to a late fee of [Dollar Amount or Percentage], not exceeding the maximum allowed by Colorado law. Interest on overdue payments shall accrue at a rate of [Percentage]% per annum, compliant with Colorado's usury and collections law.
- 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 Tenant's performance under this Lease. The security deposit shall be returned to Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent, as permitted by Colorado law.
- Common Area Maintenance (CAM):
- Option A: This is a triple-net (NNN) lease. Tenant shall pay its proportionate share of all CAM charges, including property taxes, insurance, and operating expenses.
- Option B: This is a modified gross lease. Tenant shall pay its proportionate share of CAM charges exceeding [Dollar Amount] per square foot per year.
- Option C: This is a gross lease. CAM charges are included in the base rent.
- Annual Escalation: The base rent shall increase annually by [Percentage] or according to the [Index, e.g., CPI/WPI/Local Index].
- Taxes: [Party Responsible, Landlord or Tenant] shall be responsible for payment of property taxes and special district assessments. Any Boulder/Denver-specific commercial real estate tax assessments or surcharges shall be borne by [Party Responsible, Landlord or Tenant].
5. Utilities & Services
- Utilities: [Party Responsible, Landlord or Tenant] shall be responsible for the payment of the following utilities: water/sewer, HVAC, and electric. Suite-level electric meters shall be read by [Party Responsible, Landlord or Tenant].
- Janitorial: [Party Responsible, Landlord or Tenant] shall be responsible for janitorial services for the Premises.
- Trash Removal: [Party Responsible, Landlord or Tenant] shall be responsible for trash removal and recycling, in accordance with local ordinances.
- Snow Removal: [Party Responsible, Landlord or Tenant] shall be responsible for snow removal.
- Common Area Maintenance: Landlord shall allocate proportionate costs for common area maintenance and clarify pass-through of capital improvements/major repairs per Colorado norms.
6. Tenant Improvements
Tenant improvements shall be governed by the following:
- Option A: The Premises are leased in "as-is" condition.
- Option B: Landlord shall be responsible for the following tenant improvements: [List Improvements]. Landlord will obtain all required building department permits or approvals.
- Construction Completion: Landlord agrees to complete the tenant improvements within [Number] days of the Commencement Date. A punch list will be completed within [Number] days of substantial completion.
- Liens: Tenant shall comply with Colorado Lien Law.
- Contractors: Tenant shall have the right to use its own contractors, subject to Landlord's approval, which shall not be unreasonably withheld.
- Restoration:
- Option A: Tenant shall restore the Premises to its original condition at the end of the Lease term.
- Option B: Tenant shall have the option to buyout the restoration requirement by paying Landlord [Dollar Amount].
7. Repairs and Maintenance
- Structural Repairs: Landlord shall be responsible for all structural repairs to the Building, including but not limited to the roof, foundation, and exterior walls.
- Non-Structural Repairs: Tenant shall be responsible for all non-structural repairs to the Premises, including but not limited to interior walls, doors, and windows.
- Building Systems: Landlord shall be responsible for the maintenance and repair of all building systems, including HVAC, plumbing, and electrical.
- Repair Requests: Tenant shall notify Landlord in writing of any required repairs.
- Emergency Repairs: In the event of an emergency, Landlord shall make necessary repairs immediately. Landlord or property management entity contact information for emergencies and maintenance issues is [Contact Name] at [Phone Number].
8. Casualty Loss and Condemnation
In the event of casualty loss or condemnation, the rights and obligations of the parties shall be governed by applicable Colorado law, including rights to notice and termination.
9. Insurance
Tenant shall maintain the following insurance coverage:
- Property Insurance: [Dollar Amount]
- General Liability Insurance: [Dollar Amount]
- Business Interruption Insurance: [Dollar Amount]
Tenant shall provide Landlord with a certificate of insurance evidencing such coverage and naming Landlord as an additional insured. The insurance requirements must comply with Colorado commercial industry norms, and shall not include indemnities prohibited by Colorado law.
10. Fire Safety and Emergency Procedures
Tenant shall comply with all applicable Colorado fire and life safety codes, including smoke detector/carbon monoxide alarm rules, and disaster recovery/evacuation plan requirements.
11. Move-In and Move-Out
- Move-In: Landlord and Tenant shall conduct a walk-through inspection of the Premises prior to move-in. Tenant shall be provided with keys/cards/fobs upon execution of the acceptance checklist.
- Move-Out: Tenant shall surrender the Premises in the same condition as received, reasonable wear and tear excepted. Tenant shall remove all tenant improvements and signage, and return all keys/access cards. Tenant shall comply with commercial cleaning standards. Landlord shall provide documentation for return of security deposit within statutory deadlines and permissible deductions under Colorado security deposit law.
12. Default
In the event of default by Tenant, Landlord shall have all remedies available under Colorado law, including the right to terminate this Lease and re-enter the Premises. Landlord shall provide Tenant with written notice of default and an opportunity to cure within the period required by Colorado commercial landlord-tenant law.
13. Subordination, Nondisturbance, and Attornment
This Lease shall be subordinate to any existing or future mortgages on the Building. Landlord shall use commercially reasonable efforts to obtain a nondisturbance agreement from any mortgagee. Tenant shall execute an estoppel certificate upon Landlord's request, in accordance with Colorado real estate market practices.
14. Environmental Compliance
Tenant shall comply with all applicable Colorado environmental laws and regulations. Tenant shall not use, store, or dispose of any hazardous materials on the Premises. Tenant shall indemnify Landlord for any environmental violations caused by Tenant.
15. Accessibility
Tenant shall comply with all applicable accessibility requirements under the federal ADA and any stricter Colorado accessibility statutes.
16. Business Personal Property Tax
For properties in Denver or home-rule jurisdictions, Tenant shall comply with all applicable business personal property tax obligations and shall notify taxing authorities of lease transfer/termination.
17. Signage
Tenant shall have the right to install signage on the [Location, e.g., lobby, suite, monument], subject to Landlord's policy and local sign codes. Details: [Signage Details].
18. Data Security
If Landlord provides security or data infrastructure, Landlord shall comply with applicable Colorado-specific privacy and data security statutes.
19. Dispute Resolution
Any dispute arising out of or relating to this Lease shall be resolved through negotiation, then mediation, and then [Arbitration/Litigation]. This Lease shall be governed by the laws of the State of Colorado, and venue shall be in [County Name] County, Colorado.
20. Brokerage Disclosure
[Disclose any brokerage relationships as required by the Colorado Real Estate Commission rules].
21. Other Provisions
- Compliance with Laws: Tenant shall comply with all applicable local fire and building occupancy codes, and any green building/energy efficiency requirements under relevant Colorado city ordinances.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
- Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Landlord Name]
By: [Landlord Signature]
Name: [Landlord Printed Name]
Title: [Landlord Title]
[Tenant Name]
By: [Tenant Signature]
Name: [Tenant Printed Name]
Title: [Tenant Title]