Colorado retail lease agreement template

Colorado Retail Lease Agreement

This Colorado Retail Lease Agreement (the "Lease") is made and entered into as of this [Date], by and between [Landlord Name], whose address is [Landlord Address] ("Landlord"), and [Tenant Name], whose address is [Tenant Address] ("Tenant").

Landlord Contact Information:

• [Landlord Contact Name]
• [Landlord Phone Number]
• [Landlord Email]

Tenant Contact Information:

• [Tenant Contact Name]
• [Tenant Phone Number]
• [Tenant Email]

If Landlord or Tenant is an entity, proof of authority to enter into this Lease on behalf of the entity is attached hereto.

• Option A: Proof of Authority attached for Landlord.
• Option B: Proof of Authority attached for Tenant.

1. Leased Premises

Landlord leases to Tenant, and Tenant leases from Landlord, the following described premises (the "Leased Premises"):

• Unit/Suite Number: [Unit/Suite Number]
• Legal Description or Parcel ID: [Legal Description or Parcel ID]
• Physical Address: [Physical Address]
• Rentable Square Footage: [Rentable Square Footage]
• Usable Square Footage: [Usable Square Footage]
• Layout Description: [Description of Layout]
• Storefront Frontage: [Storefront Frontage Description]
• Access Points: [Description of Access Points]
• Restrooms: [Restroom Details - Private or Shared]
• Storage: [Storage Details - Location and Size]
• Display Spaces: [Display Space Details]
• Signage Areas: [Signage Area Details]
• Loading Docks: [Loading Dock Details - Number and Access]
• Parking Allocations: [Parking Allocation Details, including ADA compliance]
• Exclusive Areas: [Description of Exclusive Areas, if any]
• Shared Areas: [Description of Shared Areas]

2. Permitted Use

• Option A: The Leased Premises shall be used solely for the operation of a [Type of Retail Business], and for no other purpose.
• Option B: The Leased Premises shall be used for any lawful retail purpose in compliance with applicable Colorado local zoning and use-specific approvals, including but not limited to, [List of Approved Uses].

Tenant shall obtain and maintain all required business, sales tax, and special use licenses as required by Colorado law and applicable municipal requirements.

Tenant shall not use the Leased Premises for any unlawful purpose, or in any manner that violates any applicable law, ordinance, or regulation. Unauthorized use, subletting, or assignment is prohibited without prior Landlord and regulatory consent.

3. Compliance with Laws

Tenant shall comply with all applicable Colorado Revised Statutes relating to commercial property, local fire, health, building (including ADA), environmental, and public safety regulations.

• Option A: Tenant is responsible for ensuring ADA compliance within the Leased Premises.
• Option B: Landlord is responsible for ensuring ADA compliance for common areas, Tenant is responsible for ADA compliance within the Leased Premises.

Tenant shall also comply with any business-specific operational standards (e.g., hours, hazardous materials controls, or consumer protection laws).

4. Lease Term

• Commencement Date: [Commencement Date]
• Expiration Date: [Expiration Date]
• Option A: Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the then-current term.
• Option B: No Renewal Option: This Lease shall not be subject to any renewal options.
• Option A: Option to Purchase: Tenant shall have the option to purchase the Leased Premises at a price of [Dollar Amount] at any time during the term of this Lease.
• Option B: Right of First Refusal: Tenant shall have the right of first refusal to purchase the Leased Premises, on the same terms and conditions as any bona fide offer received by Landlord.

5. Rent and Security Deposit

• Base Rent: The base rent for the Leased Premises shall be [Dollar Amount] per month, payable in advance on the first day of each month.
• Option A: Escalation: The base rent shall increase by [Percentage]% annually, commencing on [Date].
• Option B: CPI Adjustment: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [Specific CPI Area].
• Payment Method: Rent shall be payable by [Payment Method - e.g., check, wire transfer, online payment] to Landlord at [Payment Address].

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], to be held in accordance with Colorado law.

Late Fees: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount] shall be charged. Reinstatement fee after NSF is [Dollar Amount].

6. Operating Expenses

Tenant shall be responsible for the following operating expenses:

• CAM (Common Area Maintenance) Charges: [CAM Calculation Method - e.g., Pro Rata Share, Fixed Amount]. [Detailed description of CAM charges].
• Utilities:
  • Water: [Responsibility - Landlord or Tenant]
  • Sewer: [Responsibility - Landlord or Tenant]
  • Gas: [Responsibility - Landlord or Tenant]
  • Electricity: [Responsibility - Landlord or Tenant]
• Trash and Recycling: [Responsibility - Landlord or Tenant, details regarding compliance with municipal waste ordinances]
• Property Taxes: [Responsibility - Landlord or Tenant, details regarding Colorado-specific assessment and appeals procedures]
• Insurance: [Responsibility - Landlord or Tenant, details regarding coverage requirements]

7. Maintenance, Repairs, and Replacements

• Exterior Structure: [Responsibility - Landlord or Tenant]
• Roof: [Responsibility - Landlord or Tenant]
• Building Systems (HVAC, Electrical, Plumbing): [Responsibility - Landlord or Tenant]
• Interior Space: [Responsibility - Landlord or Tenant]
• Tenant-Specific Fixtures: [Responsibility - Landlord or Tenant]

Landlord Access: Landlord shall have the right to access the Leased Premises for reasonable inspection and repairs, with [Number] hours' notice to Tenant, except in cases of emergency.

8. Alterations and Tenant Improvements

Tenant shall not make any alterations or improvements to the Leased Premises without the prior written consent of Landlord.

• Option A: All alterations and improvements shall become the property of Landlord upon termination of this Lease.
• Option B: Tenant shall be required to restore the Leased Premises to its original condition upon termination of this Lease, at Tenant's sole cost and expense.

All alterations and improvements must comply with all applicable municipal and building permit requirements. Tenant shall comply with Colorado mechanics lien laws and provide Landlord with necessary notices to protect the property from lien exposure.

9. Signage

Tenant shall have the right to install signage in accordance with the following guidelines:

• Size Restrictions: [Size Restrictions]
• Location Restrictions: [Location Restrictions]
• Municipality Permitting: [Responsibility for Permitting]
• Aesthetic Requirements: [Aesthetic Requirements]

All signage must comply with applicable local ordinances.

10. Insurance

Tenant shall maintain the following insurance coverage:

• Commercial General Liability Insurance: [Coverage Amount]
• Property Insurance: [Coverage Amount]
• Business Interruption Insurance: [Coverage Amount]

Landlord shall maintain [Landlord's Insurance Coverage Details].

All insurance policies shall be issued by Colorado-licensed carriers and include waivers of subrogation as permitted by Colorado law.

11. Fire and Life Safety

Tenant shall maintain the Leased Premises in compliance with all applicable fire and life safety codes, including:

• Fire Extinguisher/Sprinkler Maintenance: [Responsibility - Landlord or Tenant]
• Egress: [Tenant responsibility for maintaining clear egress paths]
• Accessibility: [Responsibility for maintaining accessibility features]

12. Damage or Destruction

In the event of damage or destruction to the Leased Premises, the following shall apply:

• Option A: If the Leased Premises are rendered untenantable, rent shall abate until the Leased Premises are restored.
• Option B: If the Leased Premises are substantially damaged or destroyed, either party may terminate this Lease.

The procedures for notification and remediation of property damage, destruction, or condemnation, with Colorado-specific statutory rights, rent abatement, and termination procedures.

13. Environmental Compliance

Tenant shall comply with all applicable environmental laws and regulations, including those relating to hazardous materials.

Tenant shall indemnify Landlord against any and all claims, losses, damages, liabilities, and expenses arising out of Tenant's violation of any environmental laws.

14. ADA Compliance

Tenant shall comply with all applicable provisions of the Americans with Disabilities Act (ADA) and Colorado Accessibility Law.

• Option A: Tenant is responsible for ADA compliance within the Leased Premises.
• Option B: Landlord is responsible for ADA compliance for common areas, Tenant is responsible for ADA compliance within the Leased Premises.

15. Retail-Specific Provisions

• Option A: Exclusive Use: Landlord shall not lease any other space in the shopping center to a business that directly competes with Tenant. [Define specific prohibited businesses]
• Option B: Co-Tenancy: If [Anchor Tenant Name] ceases to operate in the shopping center, Tenant shall have the right to terminate this Lease.
• Operating Covenant: Tenant shall operate its business during the following hours: [Hours of Operation].

16. Security

Landlord will provide reasonable security measures, including [Describe Security Measures - CCTV, Personnel, Alarms].

Tenant shall be responsible for securing their individual premises.

17. Deliveries and Waste Handling

Deliveries and waste handling shall be conducted in accordance with the following rules: [Specific Rules and Regulations].

18. Access Hours

Tenant shall have access to the Leased Premises during the following hours: [Access Hours]. Landlord and contractors shall have access during [Landlord access hours]

19. Tenant Parties/Events

Tenant parties/events, sidewalk sales, merchandising outside storefront, and music/broadcasting are subject to the following rules and applicable local ordinances: [Specific Rules].

20. Move-In/Move-Out

Detailed move-in/move-out inspection procedures, responsibilities for removal of branding and fixtures, surrender condition standards, and disposition of abandoned property in accordance with Colorado law: [Detailed Procedures].

21. Default and Remedies

In the event of a default by Tenant, Landlord shall have all remedies available under Colorado law, including:

• Eviction (Unlawful Detainer Action under CRS 13-40-104)
• Cure Period: [Number] days
• Acceleration of Rent
• Lien on Tenant's Personal Property (if permitted by law)

22. Indemnification

Tenant shall indemnify and hold Landlord harmless from and against any and all claims, losses, damages, liabilities, and expenses arising out of Tenant's use of the Leased Premises.

23. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through:

• Option A: Negotiation
• Option B: Mediation
• Option C: Arbitration

This Lease shall be governed by the laws of the State of Colorado, and venue shall be in [County Name] County, Colorado.

24. Taxes

Tenant shall be responsible for the payment of all applicable Colorado taxes, including sales tax. Allocation of audit or appeal rights related to tax assessments: [Details on Tax Allocation].

25. Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified mail, or sent by electronic delivery (if agreed upon) to the addresses set forth above.

26. Landlord Disclosures

Landlord shall disclose any material facts regarding the Leased Premises, including environmental conditions and special hazards, as required by Colorado law and the Colorado Commercial Brokerage Law. Written disclosures for utility service provider allocation.

27. Cooperation for Municipal Inspections

Tenant shall cooperate with Landlord in complying with all municipal inspections, code enforcement, and retail-specific government initiatives.

28. Rent Control and Historic Districts

This Lease is [Is/Is Not] subject to local [City/County] commercial rent control measures. If the property is located in a historic district, compliance with historic district regulations is required.

29. Retail Shopping Center Provisions

If the Leased Premises are part of a retail shopping center, Tenant shall comply with all applicable reciprocal easements, rules and regulations, and owner's association or mall management requirements.

30. Representations and Warranties

Tenant warrants that it intends to operate a compliant retail business. Landlord warrants that the zoning permits the stated retail purpose.

31. Brokerage Disclosure

Brokerage disclosures per Colorado Real Estate Commission requirements, and allocation of responsibility for brokerage commissions: [Details on Brokerage Commissions].

32. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, wildfire, snow/ice events, or state public health order impacts on retail.

33. Exhibits

The following exhibits are attached to and made a part of this Lease:

• Exhibit A: Floor Plan
• Exhibit B: Rules and Regulations
• Exhibit C: Signage Guidelines
• Exhibit D: Operating Covenants
• Exhibit E: Municipal Permits (if applicable)
• Exhibit F: Landlord’s Insurance Requirements
• Exhibit G: Disclosure Forms

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

Landlord:

____________________________

[Landlord Name]

Tenant:

____________________________

[Tenant Name]