Idaho warehouse lease agreement template

Idaho Warehouse Lease Agreement

This Idaho Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord's Full Legal Name], residing at [Landlord's Address], ("Landlord"), and [Tenant's Full Legal Name], residing at [Tenant's Address], ("Tenant"). If either party is an entity, also include registered agent information, e.g., "whose registered agent is [Registered Agent Name], residing at [Registered Agent Address]".

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse space (the "Premises") located at [Full Street Address of Warehouse], [City], Idaho, described as follows:

• Legal Description: [Legal Description of Property]
• Parcel Number: [Parcel Number]
• Detailed Site Plan: See Exhibit A attached.
• Square Footage: [Total Square Footage]
• Clear Height: [Clear Height]
• Loading Docks: [Number] [Type (e.g., Dock High, Ground Level)]
• Drive-in Doors: [Number]
• Floor Load Capacity: [Floor Load Capacity (lbs/sq ft)]
• Designated Areas: [Description of designated storage, service, office, and/or mixed-use areas]
• Exterior Space: [Description of any exterior storage, parking (including truck/trailer bays), or yard space]

2. Use of Premises

The Premises shall be used solely for the purpose of:

• Option A: Warehouse, storage, and distribution.
• Option B: [Specify Other Permitted Industrial Activities]

Prohibited Uses:

• The Tenant shall not use the Premises for manufacturing, retail sales, or the storage of hazardous materials, except as specifically authorized by Idaho law and local zoning ordinances. Any exceptions require Landlord's written consent.
• Tenant shall not use the Premises in a manner that exceeds local occupancy or safety codes.

3. Compliance with Laws

Compliance:

• Option A: The Landlord represents that the Premises are in compliance with all applicable City/County zoning requirements, fire codes, and environmental regulations, including DEQ and EPA requirements.
• Option B: Tenant acknowledges sole obligation to obtain all required occupancy, fire department, or business licenses/permits.
• ADA Compliance: If the Tenant's use involves public accessibility, the Tenant is responsible for compliance with the Americans with Disabilities Act (ADA).

4. Term

Term:

• The term of this Lease shall commence on [Start Date] and shall end on [End Date].

Options:

• Option A: Renewal Options: Tenant shall have [Number] option(s) to renew this Lease for a term of [Renewal Term Length], each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term.
• Option B: Expansion Options: Tenant shall have the option to lease additional space in the building if it becomes available, under terms and conditions to be negotiated in good faith.
• Option C: Holdover: If Tenant remains in possession of the Premises after the expiration of the Term, such occupancy shall be a month-to-month tenancy, subject to all the terms and conditions of this Lease, except that the monthly rent shall be [Percentage]% of the then current monthly rent.
• Option D: Early Termination: Tenant shall have the right to terminate this lease early by providing Landlord with [Number] days' written notice and paying a penalty of [Amount]. Landlord's notice to quit and Tenant's right to cure defaults shall be as required by Idaho law.

5. Rent and Payments

Rent:

• The base rent for the Premises shall be [Amount] per month, payable in advance on the [Day] of each month, commencing on [Date].

Security Deposit:

• Tenant shall pay a security deposit of [Amount], which shall be held by Landlord as security for the Tenant's performance of this Lease. Alternatively, Tenant may provide a letter of credit in the amount of [Amount].

Property Taxes:

• Option A: Triple Net (NNN) Lease: Tenant shall be responsible for its pro rata share of all real property taxes assessed against the property.
• Option B: Modified Gross Lease: Landlord shall pay real property taxes, and Tenant shall reimburse Landlord for any increases in real property taxes above the base year of [Year].
• Option C: Gross Lease: Landlord shall pay all real property taxes.

Utilities and Expenses:

• Tenant shall be responsible for the direct payment of the following utilities: water, power, sewer, trash, and natural gas.
• Tenant shall reimburse Landlord for the following expenses: snow removal, grounds maintenance, security, landscaping, and pest control.
• Tenant shall be responsible for driveway/road maintenance.
• Tenant shall pay for common area maintenance (CAM) fees.
• Tenant shall be responsible for special improvement district (SID) or local assessment fees as permitted under Idaho law.

Escalation Clauses:

• Option A: CPI Increase: The base rent shall increase annually based on the Consumer Price Index (CPI).
• Option B: Fixed Increase: The base rent shall increase by [Percentage]% each year.

Late Payment Penalties:

• A late payment penalty of [Amount] shall be assessed for any rent payment received more than [Number] days after the due date.

Payment Method:

• Rent shall be delivered to [Location for Rent Delivery].

6. Insurance

Insurance Requirements:

• Tenant shall maintain the following insurance coverage, compliant with Idaho law:
  • Property Insurance: [Amount]
  • Casualty Insurance: [Amount]
  • Commercial General Liability Insurance: [Amount]
• Landlord shall be named as an additional insured on Tenant's commercial general liability policy.
• If Tenant handles hazardous materials or operates vehicles on-site, additional insurance requirements may apply.

7. Indemnification and Liability

Indemnification:

• Tenant shall indemnify and hold harmless Landlord from any and all claims, losses, damages, liabilities, and expenses arising out of Tenant's use of the Premises, subject to carveouts for gross negligence or willful misconduct as limited by Idaho public policy.

Waiver of Subrogation:

• The parties hereby waive their respective rights of subrogation against each other to the extent of any insurance coverage maintained.

8. Tenant Improvements and Alterations

Tenant Improvement Allowance:

• Option A: Landlord shall provide Tenant with a tenant improvement allowance of [Amount] to be used for improvements to the Premises.
• Option B: No tenant improvement allowance is provided.
• All tenant improvements must comply with Idaho construction codes and require Landlord's prior written approval.

Alterations:

• Tenant shall not make any alterations to the Premises without Landlord's prior written consent.
• Restoration Obligations: Upon termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.
• Prohibited Materials: Tenant shall not use any prohibited construction materials or methods.

9. Landlord's Access

Landlord's Access:

• Landlord shall have the right to enter the Premises for inspection, repair, or showing the property, with [Number] hours' notice, as required by Idaho law.

10. Repair and Maintenance

Repair and Maintenance:

• Landlord shall be responsible for the repair and maintenance of the following: roof, structure, mechanical systems, loading doors, sprinklers, fire suppression/emergency alarms, HVAC, and plumbing.
• Tenant shall be responsible for the repair and maintenance of the following: lighting, parking and access drives, exterior fencing, landscaping, snow and ice removal.

Maintenance Intervals:

• [Specify required maintenance intervals for warehouse-specific infrastructure]
• Tenant shall report any maintenance issues to Landlord promptly.

11. Pest Control and Waste Management

Pest Control:

• Tenant shall be responsible for pest control services.

Waste Management:

• Tenant shall comply with all local and regional waste collection programs.

Hazardous Material Management:

• Tenant shall be responsible for the safe storage of any authorized hazardous materials, including secondary containment and spill response protocols.
• Tenant shall report any environmental incidents to Idaho authorities.

12. Signage

Signage:

• Tenant's signage must comply with local planning and zoning ordinances.

13. Loading and Unloading

Loading/Unloading:

• [Specify loading/unloading policies, hours of operation, truck ingress/egress restrictions, and fence/gate operating hours or security controls]

14. Subletting and Assignment

Subletting/Assignment:

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

15. Default

Default:

• If Tenant fails to pay rent when due or breaches any other term of this Lease, Landlord shall have the right to terminate this Lease and pursue all available remedies under Idaho law.

16. Dispute Resolution

Dispute Resolution:

• Any dispute arising out of this Lease shall be resolved through negotiation, followed by Idaho-based mediation or arbitration, if necessary. Venue for any legal action shall be in the county where the Premises are located.

17. Governing Law

Governing Law:

• This Lease shall be governed by and construed in accordance with the laws of the State of Idaho.

18. Property Taxes

Property Taxes:

• Property taxes shall be prorated as of the commencement date of this Lease. Landlord shall notify Tenant of any tax increases or special assessments.

19. Personal Property

Personal Property:

• [Specify rules for inventory, equipment, or trade fixtures for move-in/move-out, waiver of landlord liens per UCC exceptions permitted in Idaho, and handling of abandoned property]

20. Notices

Notices:

• All notices required under this Lease shall be in writing and delivered to the addresses listed above, as required by Idaho statute.

21. Security

Security:

• [Specify security provisions, such as locks, alarms, personnel, and surveillance system allowances]

22. Surrender

Surrender:

• Upon termination of this Lease, Tenant shall surrender the Premises in the condition required herein.

23. Compliance with Codes

Compliance:

• Tenant shall comply with all applicable Idaho-specific building codes, health and sanitation rules, and fire marshal directives.

24. Snow Removal and Drainage

Snow Removal:

• [Specify rights and responsibilities for snow removal and drainage around warehouse aprons/yards]

25. Special Tax Zones

Tax Zones:

• [Describe any requirements arising from special local tax or incentive zones]

26. Disclosure

Disclosure:

• [Include disclosure of property condition, history of contamination/remediation, and landlord representations as required by Idaho real estate disclosure law]

27. Sales/Use Tax

Sales/Use Tax:

• Tenant is responsible for registration and payment of Idaho's sales/use tax on lease payments, if applicable.

28. Industry-Specific Regulations

Regulations:

• [Specify any industry-specific regulatory, insurance, or recordkeeping mandates tied to the tenant’s trade]

29. Entire Agreement

Entire Agreement:

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

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

____________________________

[Landlord's Full Legal Name]

____________________________

[Tenant's Full Legal Name]