Hawaii warehouse lease agreement template

Hawaii Warehouse Lease Agreement

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

• [Landlord Name], whose address is [Landlord Address], hereinafter referred to as "Landlord," and if applicable, registered to do business in Hawaii under registration number [Hawaii Business Registration Number for Landlord], and

• [Tenant Name], whose address is [Tenant Address], hereinafter referred to as "Tenant," and if applicable, registered to do business in Hawaii under registration number [Hawaii Business Registration Number for Tenant].

1. Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises (the “Premises”) located at:

• Street Address: [Street Address]

• Tax Map Key (TMK): [TMK Number]

• Legal Parcel Description: [Legal Description]

• Square Footage: [Square Footage]

• Building Layout: [Description of Layout, e.g., single story, multi-story]

• Loading Docks: [Number of Loading Docks]

• Overhead Doors: [Number of Overhead Doors]

• Ceiling Height: [Ceiling Height]

• Fire Sprinkler System: [Yes/No, Type]

• Security Features: [Description of Security Features]

• Designated Yard/Parking/Truck Turn Areas: [Description of Areas]

• Exclusive-Use Spaces: [Description, if any]

• Shared Spaces: [Description, if any, e.g., driveways, ramps, staging yards]

2. Permitted Use

• Option A: The Premises shall be used solely for [Permitted Use, e.g., storage, distribution, light manufacturing].

• Option B: The Premises shall not be used for any purpose other than [Permitted Use], without the Landlord’s prior written consent.

• The Tenant shall not store any hazardous materials on the Premises without the Landlord's prior written consent and in compliance with all applicable laws and regulations of the Hawaii Department of Health and local fire codes. Strict adherence to Honolulu or relevant county industrial zoning regulations is required.

3. Lease Term

• Option A: The term of this Lease shall commence on [Start Date] and shall expire on [End Date].

• Option B: Renewal Options: The Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term.

• Option C: Early Termination: Tenant may terminate this lease early with [Number] days written notice to Landlord and payment of a termination fee equal to [Amount or Formula].

• Option D: Holdover: If Tenant remains in possession of the Premises after the expiration of the Lease term, such holdover shall be a month-to-month tenancy, subject to all the terms and conditions of this Lease, but at a rental rate of [Percentage]% of the then-current base rent.

4. Rent

• Option A: Base Rent: The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, beginning on [Date].

• Option B: Payment Method: Rent shall be paid to Landlord at [Address] via [Payment Method, e.g., check, wire transfer].

• Option C: Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be held by Landlord in accordance with Hawaii law. Any required interest under Hawaii law will be managed accordingly.

• Option D: Rent Escalation: The base rent shall be increased annually by [Percentage]% or according to the Consumer Price Index (CPI) for Honolulu, whichever is greater.

• Option E: Late Payment Fee: A late payment fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.

• Option F: Taxes: Tenant shall be responsible for the payment of all applicable Hawaii General Excise Tax (GET) on the rent, which shall be [Percentage]% and shall be added to each monthly rent payment. The Landlord is responsible for filing and remitting GET. Transient Accommodations Tax (TAT) is not applicable to this warehouse lease.

5. Property Taxes and Insurance

• Option A: Property Taxes: Landlord shall be responsible for the payment of all real property taxes assessed against the Premises.

• Option B: Insurance: Landlord shall maintain property insurance on the Premises. Tenant shall maintain commercial general liability insurance with minimum limits of [Dollar Amount], naming Landlord as an additional insured. Tenant shall provide Landlord with a certificate of insurance annually. Subrogation waivers are required.

6. Utilities and Maintenance

• Option A: Utilities: Tenant shall be responsible for the payment of all utilities serving the Premises, including electricity, water, sewer, refuse, and internet.

• Option B: Maintenance:

• Landlord shall be responsible for maintaining the structural integrity of the Premises, including the roof, foundation, and exterior walls.

• Tenant shall be responsible for maintaining the interior of the Premises in good condition and repair, including all fixtures, equipment, and systems located therein, as well as pest control.

• Option C: Common Area Maintenance (CAM): Tenant shall pay a pro rata share of common area maintenance (CAM) expenses, which shall include [List of Expenses].

7. Improvements and Alterations

• Option A: Tenant shall not make any improvements or alterations to the Premises without the Landlord's prior written consent.

• Option B: All improvements or alterations made by Tenant shall become the property of the Landlord upon the expiration or termination of this Lease.

• Option C: End-of-Lease Restoration: Tenant shall, at its sole expense, restore the Premises to its original condition upon the expiration or termination of this Lease, reasonable wear and tear excepted. Tenant must remove all tenant-installed fixtures and assets.

8. Landlord's Access

Landlord shall have the right to enter the Premises upon [Number] hours’ notice to Tenant for the purpose of inspection, repairs, or emergencies, in accordance with Hawaii law.

9. Pest and Mold Control

Landlord shall conduct periodic pest and mold inspections of the Premises and shall take appropriate measures to remediate any infestations or mold growth. Tenant shall promptly report any evidence of pests or mold to Landlord.

10. Damage or Destruction

Tenant shall promptly notify Landlord of any damage to the Premises. In the event of substantial damage, Landlord shall have the option to terminate this Lease or repair the Premises.

11. Insurance

Tenant shall maintain commercial general liability insurance with minimum limits of [Dollar Amount], naming Landlord as an additional insured. Tenant shall provide Landlord with a certificate of insurance annually, evidencing insurance per State of Hawaii and local commercial insurance market standards. Subrogation waivers are required.

12. Fire Safety and Disaster Preparedness

Tenant shall comply with all applicable fire safety regulations and shall participate in any disaster preparedness drills conducted by Landlord. Evacuation and emergency contact protocols tailored to Hawaii's natural hazards are included as Exhibit A.

13. Delivery and Return of Premises

• Option A: Move-in/Move-out Inspections: Upon commencement and termination of this Lease, Landlord and Tenant shall conduct a joint inspection of the Premises and document its condition.

• Option B: Remaining Property: Any property remaining on the Premises after the expiration or termination of this Lease shall be deemed abandoned and may be disposed of by Landlord at Tenant's expense, reflecting Hawaii statutory requirements.

• Option C: Security Deposit Deductions: Landlord may deduct from the security deposit any amounts necessary to repair damage to the Premises (beyond reasonable wear and tear) and to cover any unpaid rent or other amounts owed by Tenant.

14. Assignment and Subleasing

Tenant shall not assign this Lease or sublet the Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld, subject to Hawaii case law and local business licensing rules.

15. Default and Remedies

• Option A: Default: If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord may declare Tenant in default.

• Option B: Remedies: Upon default, Landlord shall have all remedies available under Hawaii law, including the right to re-enter the Premises, terminate this Lease, and recover damages, in accordance with HRS 521.

• Option C: Cure Period: Tenant shall have a cure period of [Number] days to remedy any default, as per HRS 521.

16. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through good faith negotiation, mediation, and, if necessary, binding arbitration in Honolulu, Hawaii, utilizing Dispute Prevention & Resolution, Inc. or a similar organization. The appropriate state court venue shall be the First Circuit Court.

17. Compliance with Laws

Tenant shall comply with all applicable Hawaii state and county ordinances, including environmental regulations, industrial/commercial waste management, and labor regulations.

18. Required Disclosures and Notices

• Option A: Emergency Contacts: Landlord's emergency contact information is [Phone Number] and [Email Address]. Tenant’s emergency contact information is [Phone Number] and [Email Address].

• Option B: Quiet Enjoyment: Landlord warrants that Tenant shall have quiet enjoyment of the Premises during the term of this Lease.

• Option C: Liens and Encumbrances: Landlord discloses that the Premises are subject to the following liens or encumbrances: [Description, if any].

19. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.

20. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, natural disasters (including hurricanes and tsunamis), or government regulations.

21. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

Landlord:

[Landlord Name]

By: [Landlord Signature]

[Landlord Printed Name]

Tenant:

[Tenant Name]

By: [Tenant Signature]

[Tenant Printed Name]