Colorado warehouse lease agreement template

Colorado Warehouse Lease Agreement

This Colorado Warehouse Lease Agreement is made and entered into as of [Date], by and between [Landlord Full Legal Name], whose address is [Landlord Address] (hereinafter "Landlord"), and [Tenant Full Legal Name], whose address is [Tenant Address] (hereinafter "Tenant"). If Landlord or Tenant is an entity, verification of legal authority (e.g., corporate resolution, LLC operating agreement) shall be provided. Landlord's registered agent (if applicable) is [Landlord Registered Agent Name], whose address is [Landlord Registered Agent Address]. Tenant's registered agent (if applicable) is [Tenant Registered Agent Name], whose address is [Tenant Registered Agent Address].

• Landlord:
  • Option A: Individual
  • Option B: Corporation
  • Option C: Limited Liability Company (LLC)
• Tenant:
  • Option A: Individual
  • Option B: Corporation
  • Option C: Limited Liability Company (LLC)

1. Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises located at [Full Legal Address, including County], also identified by parcel number [Parcel Number] (the "Premises").

• Property Description:
  • Total Warehouse Square Footage: [Square Footage]
  • Clear Ceiling Height: [Ceiling Height]
  • Number of Loading Docks: [Number]
  • Number of Bay Doors: [Number]
  • Truck Access Points: [Description]
  • Parking Lot Configuration: [Description]
  • Outdoor Yard/Storage Area: [Description]

2. Use

The Premises shall be used solely for warehouse/storage purposes, and specifically for [Specific Permitted Uses, e.g., storage of dry goods, light manufacturing], subject to compliance with all applicable laws and regulations. The following uses are strictly prohibited: [Prohibited Uses, e.g., residential, retail]. Tenant shall not sublease the Premises or change the use without prior written Landlord approval, which shall not be unreasonably withheld, and in conformity with all applicable zoning and use permits.

• Permitted Use Options:
  • Option A: General warehousing
  • Option B: Storage of specific goods (list): [Specific Goods]
  • Option C: Light manufacturing, subject to Landlord approval
• Subleasing:
  • Option A: Subleasing permitted with Landlord's prior written consent.
  • Option B: Subleasing not permitted.

3. Compliance with Laws

Tenant shall comply with all applicable Colorado state, county, city, and local zoning laws, building codes, fire safety regulations, ADA accessibility standards, and environmental statutes, including but not limited to Colorado Department of Public Health and Environment (CDPHE) regulations regarding hazardous substances.

4. Lease Term

The initial term of this Lease shall be [Number] years, commencing on [Start Date] and expiring on [End Date].

• Options:
  • Early Access: Tenant shall have early access to the Premises commencing on [Date] for [Purpose].
  • Holdover: Any holdover shall be on a month-to-month basis at [Percentage]% of the then-current rent.
• Renewal:
  • Option A: Tenant shall have the option to renew 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.

5. Rent

The base rent shall be [Dollar Amount] per square foot per year, payable in monthly installments of [Dollar Amount], due on the [Day] of each month, beginning on [Date].

• Payment Method:
  • Option A: Check
  • Option B: Electronic Funds Transfer (EFT)
  • Option C: Other: [Specify]
• Escalation:
  • Option A: The base rent shall increase annually by [Percentage]%.
  • Option B: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [CPI Area].
  • Option C: No escalation.
• Late Payment: A late payment penalty of [Dollar Amount or Percentage]% shall be assessed for any payment received more than [Number] days after the due date.
• Grace Period: Tenant shall have a grace period of [Number] days for rent payment.
• Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount]. Landlord may use the security deposit to cover unpaid rent, damage to the Premises (beyond reasonable wear and tear), or other Tenant defaults under this Lease. Landlord shall return the security deposit, less any deductions, within [Number] days after Tenant vacates the Premises, in accordance with Colorado law. Landlord must provide a written explanation of any deductions.

6. Taxes, Utilities, and CAM

• Property Taxes:
  • Option A: Landlord shall pay all property taxes.
  • Option B: Tenant shall pay its pro rata share of property taxes. Procedures for handling supplemental assessments and lien notices shall comply with Colorado property tax law.
• Utilities: Tenant shall be responsible for payment of all utilities, including gas, electricity, water, sewer, trash removal, snow removal, and pest control.
• Common Area Maintenance (CAM):
  • Option A: Landlord shall be responsible for CAM.
  • Option B: Tenant shall pay its pro rata share of CAM expenses. A detailed breakdown of operating expenses and a transparent reconciliation process shall be provided.

7. Condition of Premises and Improvements

• Condition: The Premises is accepted in its "as-is" condition. A baseline inspection report, including photographic evidence, shall be completed prior to Tenant's occupancy.
• Tenant Improvements: Any Tenant fit-out or build-out (e.g., racking installation, refrigeration) shall be subject to Landlord's prior written approval and shall comply with all applicable Colorado construction permitting and lien laws (C.R.S. §38-22-101 et seq.).
• Maintenance: Landlord shall be responsible for the repair and maintenance of structural elements (roof, foundation, dock equipment). Tenant shall be responsible for the repair and maintenance of non-structural areas, HVAC, and mechanicals.
• Restoration: At the end of the Lease Term, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

8. Fire Safety

Tenant shall comply with all fire safety regulations, maintain sprinkler systems and alarm systems, and cooperate with regular fire code inspections as required by Colorado Revised Statutes and local fire authority regulations.

9. Pest Control and Mold Remediation

Tenant shall be responsible for pest control. Landlord shall be responsible for mold remediation, unless the mold is caused by Tenant's negligence. Procedures for reporting and remediation shall be established.

10. Hazardous Materials

Tenant shall not store or use any hazardous materials on the Premises without Landlord's prior written consent and in strict conformance with all applicable federal, state, and local regulations. Tenant shall provide MSDS documentation for all hazardous materials and shall be responsible for spill response. Tenant shall provide an environmental indemnity to Landlord.

11. Insurance

Tenant shall maintain insurance coverage with Colorado-admitted insurers, including commercial general liability (CGL) with minimum limits of [Dollar Amount], and property insurance on improvements. Tenant shall provide a waiver of subrogation in favor of Landlord and shall name Landlord as an additional insured. Tenant shall provide a Certificate of Insurance (COI) to Landlord before occupancy.

12. Indemnification

Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses arising from Tenant's use of the Premises, its breach of this Lease, or its negligence. Landlord shall indemnify and hold harmless Tenant from and against any claims, losses, damages, liabilities, and expenses arising from Landlord's negligence or willful misconduct. Landlord shall not be liable for any damages caused by acts of third parties, or for any business interruption.

13. Access

Landlord shall have the right to access the Premises for inspection, repairs, and other reasonable purposes, upon providing Tenant with [Number] hours' notice, except in cases of emergency. Access by government officials for inspection or compliance purposes is permitted.

14. Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent, which shall not be unreasonably withheld, consistent with Colorado statutes.

15. Signage and Outside Storage

• Signage: Tenant's signage shall comply with municipal sign codes and shall be of a size and content approved by Landlord.
• Outside Storage: Outside storage (truck staging, pallet stacking, container drop) shall be permitted only in designated areas approved by Landlord.

16. Casualty, Loss, and Condemnation

In the event of casualty, loss, condemnation, or governmental taking, rent shall be abated proportionally to the unusable portion of the Premises. Landlord shall have the right to terminate this Lease if the Premises is substantially damaged or taken. Insurance proceeds shall be allocated as agreed by the parties.

17. Move-In and Move-Out

• Tenant shall follow Landlord’s rules for move-in and move-out. Tenant shall return all keys and security system codes. Tenant shall remove all its personal property and shall clean the Premises at move-out.

18. Equipment

Tenant is responsible for the use and maintenance of forklifts, racking, dock levelers, and other warehouse-specific equipment brought onto the property by Tenant.

19. Dispute Resolution

Any dispute arising under this Lease shall be resolved through negotiation, then mediation/arbitration per Colorado rules, prior to commencing any legal action.

20. Governing Law and Venue

This Lease shall be governed by the laws of the State of Colorado. Venue for any legal action shall be in [County] County, Colorado.

21. Compliance with Colorado Law

This Lease is subject to and shall be interpreted in accordance with all applicable Colorado real estate and commercial leasing laws, including C.R.S. Title 38, Article 12. Any required statutory disclosures (including lead paint for pre-1978 properties and asbestos information, if known) are attached hereto.

22. Landlord Lien

To the extent permitted by Colorado law, Landlord shall have a lien on Tenant's stored goods to secure payment of rent. Landlord may file a security interest to perfect its lien. Protocols for lien enforcement and abandoned property shall comply with applicable law.

23. Reporting and Registration

Tenant is responsible for reporting or registration of its warehouse operation with local authorities, if necessary, and for obtaining all required business licenses or sales tax licenses (if warehousing goods for distribution/sale).

24. Default and Remedies

If Tenant fails to pay rent or otherwise defaults under this Lease, Landlord shall provide written notice of default and a cure period of [Number] days. Landlord's remedies shall include, but not be limited to, termination of the Lease, eviction, and recovery of damages, in accordance with Colorado law. Landlord shall follow Colorado’s notice requirements and constructive eviction procedures.

25. Green Lease Provisions

• Option A: Not Applicable
• Option B: This Lease incorporates the following Green Lease provisions: [Specify Green Lease Provisions].

26. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease due to force majeure events, including but not limited to, acts of God, war, terrorism, strikes, and government regulations. This includes specific consideration of COVID-19 or other pandemic-related impacts on warehouse operations, supply chain interruptions, or government closure orders in Colorado.

27. Modification

All clauses are modifiable to reflect the specific warehouse location, construction features, operational hazards, and regulatory environment distinct to the Colorado property and local practice.

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

Landlord:

____________________________

[Landlord Full Legal Name]

By: ____________________________

[Landlord Authorized Signature]

Title: [Title]

Tenant:

____________________________

[Tenant Full Legal Name]

By: ____________________________

[Tenant Authorized Signature]

Title: [Title]