Kansas retail lease agreement template

Kansas Retail Lease Agreement

This Kansas Retail Lease Agreement (this "Lease") is made and entered into as of [Date of Signing], by and between [Landlord's Full Legal Name], residing at [Landlord's Address] ("Landlord"), and [Tenant's Full Legal Name], a [Tenant's Entity Type, e.g., Corporation] located at [Tenant's Address] ("Tenant").

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the retail space located at [Street Address of Retail Space], in [Name of Shopping Center/Complex, if applicable], in [City], [County] County, Kansas, legally described as [Legal Description of Property], and consisting of approximately [Square Footage] square feet, being Unit/Suite number [Unit/Suite Number] (the "Premises").

• Option A: A floor plan of the Premises is attached as Exhibit A.
• Option B: No floor plan is attached.

The "Property" shall mean the entire building or shopping center/complex of which the Premises are a part.

Tenant shall have the right to use the common areas of the Property, including parking areas, sidewalks, and service hallways, subject to Landlord’s rules and regulations.

2. Term

The term of this Lease shall commence on [Start Date] and expire on [Expiration Date], unless sooner terminated as provided herein.

• Option A: Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term, e.g., Five] years 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. The rental rate for the renewal term shall be [Specify Rent Calculation for Renewal Term, e.g., Fair Market Value or CPI Increase].
• Option B: No Renewal Option.

3. Rent

Tenant shall pay Landlord initial base rent of [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], due on the [Day] day of each month, in advance, commencing on [Date].

• Option A: Escalation: The base rent shall increase by [Percentage or Dollar Amount] percent per year, commencing on [Date].
• Option B: Percentage Rent: In addition to base rent, Tenant shall pay Landlord percentage rent equal to [Percentage] percent of Tenant's gross sales (as defined below) exceeding [Dollar Amount] during each [Month/Quarter/Year]. Percentage rent shall be paid [Monthly/Quarterly/Annually] within [Number] days after the end of the applicable period, along with a report of gross sales acceptable to Landlord.

All payments shall be made payable to [Payee Name] and sent to [Payment Address]. Payments may be made via [Payment Method, e.g., check, electronic transfer].

4. Use

The Premises shall be used and occupied solely for the purpose of operating a [Type of Retail Business, e.g., clothing store] selling [Specific Merchandise].

• Option A: Exclusive Use: Landlord shall not lease space in the Property to any other tenant whose primary business is the sale of [Specific Merchandise].
• Option B: No Exclusive Use.

Tenant shall obtain and maintain all necessary licenses and permits required to operate its business in compliance with all applicable federal, state, and local laws, including Kansas sales tax requirements. Tenant shall comply with all applicable Kansas and municipal zoning, fire, health, and building codes.

Tenant shall not change the use of the Premises, sublease the Premises, or assign this Lease without Landlord's prior written consent, which consent shall not be unreasonably withheld.

If Tenant sells its business, Landlord's consent to assignment shall be conditioned on the assignee assuming all of Tenant's obligations under this Lease.

5. Security Deposit

Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease.

The security deposit may be applied by Landlord to cure any default by Tenant under this Lease, including, but not limited to, unpaid rent or damage to the Premises.

Landlord shall return the security deposit to Tenant, less any deductions, within [Number] days after the termination of this Lease and Tenant's surrender of the Premises in accordance with the terms of this Lease, as required under Kansas commercial lease law.

6. Common Area Maintenance (CAM)

Tenant shall pay its proportionate share of the Common Area Maintenance (CAM) costs for the Property. Tenant’s proportionate share shall be [Percentage] percent.

CAM costs shall include all costs and expenses incurred by Landlord in connection with the operation, maintenance, and repair of the common areas of the Property, including, but not limited to, landscaping, snow removal, parking lot maintenance, and security.

Landlord shall provide Tenant with an annual budget of estimated CAM costs. Landlord shall reconcile actual CAM costs with the estimated budget annually and shall provide Tenant with a statement of actual CAM costs. Tenant shall pay any deficiency within [Number] days of receipt of the statement. Any overpayment shall be credited to Tenant's next rent payment.

Tenant shall have the right to audit Landlord’s CAM records upon reasonable notice.

7. Utilities

Tenant shall be responsible for the payment of all utilities serving the Premises, including electricity, gas, water, and sewer.

• Option A: Submetering: Utilities shall be submetered to the Premises, and Tenant shall pay directly to the utility provider.
• Option B: Landlord Passthrough: Landlord shall pay for utilities and bill Tenant for Tenant’s proportionate share, which shall be [Percentage] percent.

8. Repairs and Maintenance

Landlord shall be responsible for the maintenance and repair of the roof, foundation, and exterior walls of the Premises.

Tenant shall be responsible for the maintenance and repair of the interior of the Premises, including the HVAC system, plumbing, and electrical systems.

Tenant shall be responsible for maintaining the Premises in a clean and safe condition.

Tenant shall promptly notify Landlord of any needed repairs.

Snow and ice removal shall be the responsibility of [Landlord/Tenant].

9. Alterations and Improvements

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

All alterations and improvements shall become the property of Landlord upon the termination of this Lease, unless otherwise agreed in writing.

• Option A: Build-Out Allowance: Landlord shall provide Tenant with a build-out allowance of [Dollar Amount] to be used for improvements to the Premises. The allowance shall be disbursed according to the schedule attached as Exhibit B.
• Option B: No Build-Out Allowance.

10. Insurance

Tenant shall maintain commercial general liability insurance with limits of not less than [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.

Tenant shall also maintain property insurance covering the Premises for its replacement value.

Tenant shall provide Landlord with certificates of insurance evidencing the required coverage. Landlord shall be named as an additional insured on Tenant's commercial general liability policy. Tenant shall also maintain workers' compensation insurance as required by Kansas law.

Landlord shall maintain insurance on the building.

11. Default

If Tenant fails to pay rent when due or otherwise defaults in the performance of any of its obligations under this Lease, Landlord may, after providing Tenant with written notice and an opportunity to cure the default within [Number] days, exercise any of its remedies under Kansas law, including terminating this Lease and re-entering the Premises.

Landlord shall have a duty to mitigate its damages.

12. Casualty

If the Premises are damaged by fire or other casualty, Landlord shall promptly repair the Premises, provided Landlord’s insurance covers the loss and repair can be completed within [Number] days. Rent shall abate during the period of repair in proportion to the extent to which the Premises are unusable.

If the Premises are damaged to such an extent that they cannot be repaired within [Number] days, either Landlord or Tenant may terminate this Lease upon written notice to the other party.

13. Condemnation

If the Premises are taken by eminent domain, this Lease shall terminate. Tenant shall be entitled to compensation for its loss of business and trade fixtures, as allowed under Kansas law.

14. Hazardous Materials

Tenant shall not store or use any hazardous materials on the Premises without Landlord's prior written consent and in compliance with all applicable environmental laws, including Kansas environmental regulations.

15. Governing Law and Venue

This Lease shall be governed by and construed in accordance with the laws of the State of Kansas. Venue for any action arising out of or relating to this Lease shall be in [County Name] County, Kansas.

16. Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier to the addresses set forth above.

17. Entire Agreement

This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

18. Brokerage

[Broker Name] represents the Landlord in this transaction, and [Broker Name] represents the Tenant in this transaction.

• Option A: Landlord shall pay the commission to both parties' brokers.
• Option B: Each party shall pay their broker.

19. Exhibits

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

• Exhibit A: Floor Plan of Premises
• Exhibit B: Build-Out Allowance Schedule
• Exhibit C: Rules and Regulations

20. COVID-19/Public Health Emergency Clause

[Optional: This section can include clauses addressing potential disruptions caused by public health emergencies, such as rent abatement during mandated closures, modifications to operating hours, or requirements for compliance with health and safety regulations.]

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

LANDLORD:

[Landlord's Signature]

[Landlord's Printed Name]

TENANT:

[Tenant's Signature]

[Tenant's Printed Name]

[Tenant's Title]