Kansas warehouse lease agreement template

Kansas Warehouse Lease Agreement

This Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord's Full Legal Name], whose address is [Landlord's Address] ("Landlord"), and [Tenant's Full Legal Name], whose address is [Tenant's Address] ("Tenant"). Landlord's contact number is [Landlord's Phone Number] and Tenant's contact number is [Tenant's Phone Number].

Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse premises located at [Warehouse Address], legally described as [Legal Lot or Parcel Number], consisting of approximately [Total Rentable Square Footage] square feet (the "Premises"), including [Warehouse Floor Area] square feet of warehouse floor area, ceiling height of [Ceiling Height], [Number] loading docks, [Number] drive-in bays, [Description of Racking Systems], [Office/Ancillary Space Description], truck courts, fenced yards, parking area including truck and trailer parking, and access roads, as depicted in Exhibit A, attached hereto.

Option B: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse premises located at [Warehouse Address], legally described as [Legal Lot or Parcel Number]. The Premises consist of approximately [Total Rentable Square Footage] square feet (the "Premises"), and include the exclusive use areas as defined in Exhibit A, attached hereto.

Use of Premises

Option A: The Premises shall be used and occupied by Tenant solely for the purpose of [Permitted Use, e.g., warehouse, storage, distribution, logistics, or light industrial], and for no other purpose. Tenant shall comply with all applicable city, county, and state zoning, fire prevention, building code, environmental, and safety regulations, including registration of occupancy where required by Kansas statutes or local ordinances.

Option B: The Premises shall be used and occupied by Tenant solely for [Permitted Use, e.g., warehouse, storage, distribution, logistics, or light industrial]. Tenant agrees that the premises will not be used for any purpose that violates Kansas law, local zoning ordinances, or fire codes.

Term

Option A: The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date] (the "Term").

Option B: The term of this Lease shall be for a period of [Number] years, commencing on [Commencement Date] and expiring on [Expiration Date].

Early Occupancy: Tenant shall be allowed early occupancy commencing on [Early Occupancy Date].

Renewal Option: Tenant shall have the option to renew this Lease for an additional term of [Renewal Term Length], provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the initial Term.

Right of First Refusal: Tenant shall have a right of first refusal on any adjacent space that becomes available for lease during the Term.

Rent

Option A: The base rent for the Premises shall be [Base Rent Amount] per month, payable in advance on the first day of each month, commencing on [Rent Commencement Date]. Rent shall be paid to Landlord at [Payment Address] or such other address as Landlord may designate in writing.

Option B: The base rent for the Premises shall be [Base Rent Amount] per year, payable in equal monthly installments of [Monthly Installment Amount], in advance on the first day of each month, commencing on [Rent Commencement Date].

Escalation: The base rent shall increase by [Percentage]% annually.

CPI Adjustment: The base rent shall be adjusted annually based on the Consumer Price Index (CPI).

Late Payment: A late payment penalty of [Late Payment Percentage]% will be assessed on any rent payment received more than [Number] days after the due date.

Security Deposit

Option A: Tenant shall deposit with Landlord a security deposit in the amount of [Security Deposit Amount], to be held in a trust account as required by Kansas statutes, as security for the performance of Tenant's obligations under this Lease. The security deposit shall be returned to Tenant within [Number] days after the expiration or termination of this Lease, less any deductions for damages to the Premises or other amounts owed to Landlord.

Option B: The security deposit will be held in an interest-bearing account at [Bank Name], with any earned interest accruing to the benefit of the [Landlord/Tenant].

Taxes and Insurance

Option A: Tenant shall be responsible for payment of all property taxes, special assessments, and insurance premiums attributable to the Premises.

Option B: Landlord shall be responsible for payment of property taxes and special assessments. Tenant shall be responsible for paying their pro-rata share of the building insurance premiums.

Triple Net (NNN): This is a triple net lease. Tenant shall be responsible for all property taxes, insurance, and common area maintenance (CAM) fees.

Gross Lease: This is a gross lease. Landlord shall be responsible for all property taxes, insurance, and common area maintenance (CAM) fees.

Maintenance and Repairs

Option A: Landlord shall be responsible for maintaining the roof, foundation, and structural elements of the Premises. Tenant shall be responsible for all other maintenance and repairs.

Option B: Landlord shall be responsible for maintaining the roof, foundation, and structural elements of the Premises, as well as snow removal from the parking lot and walkways. Tenant shall be responsible for interior upkeep, pest control, and janitorial services.

Landlord Responsibilities: The Landlord is responsible for maintaining the building structure, including the roof and foundation.

Tenant Responsibilities: The Tenant is responsible for maintaining the interior of the building and keeping it in good order and repair.

Alterations and Improvements

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

Option B: Tenant may make alterations or improvements to the Premises with the Landlord's approval, which will not be unreasonably withheld. All alterations and improvements shall become the property of the Landlord upon termination of the lease.

Tenant Build-Outs: Any tenant build-outs require Landlord's written approval and must comply with all applicable Kansas permitting and code enforcement requirements.

Subleasing and Assignment

Option A: Tenant shall not sublease the Premises or assign this Lease without the prior written consent of Landlord.

Option B: Tenant may sublease or assign this lease with prior written consent from Landlord, such consent not to be unreasonably withheld.

Insurance

Option A: Tenant shall maintain commercial general liability insurance, property insurance, and workers' compensation insurance, naming Landlord as an additional insured.

Option B: Tenant shall provide and maintain, at its sole cost and expense, the following insurance coverage:

Commercial General Liability: [Minimum Coverage Amount] per occurrence.

Property Insurance: Covering the full replacement cost of Tenant's personal property and improvements.

Hazardous Materials

Option A: Tenant shall not store or use any hazardous materials on the Premises without the prior written consent of Landlord and in compliance with all applicable laws and regulations, including those of the Kansas Department of Health and Environment (KDHE).

Option B: Tenant represents that it will not store any hazardous materials on the premises. If hazardous materials are stored, it must be disclosed to the Landlord with complete adherence to local, state, and federal guidelines.

Access

Option A: Landlord shall have the right to enter the Premises at reasonable times and with reasonable notice for the purpose of inspection or repair.

Option B: Landlord shall provide Tenant with at least 24 hours’ notice prior to entering the Premises unless it is an emergency situation.

Fire Safety

Option A: Tenant shall comply with all applicable fire safety regulations, including maintaining fire extinguishers and ensuring clear emergency exits.

Option B: The Tenant is responsible for maintaining all fire suppression equipment in good working order and in compliance with Kansas Fire Marshal rules.

Utilities

Option A: Tenant shall be responsible for the payment of all utility charges for the Premises, including water, gas, electric, and internet.

Option B: The Landlord is responsible for maintaining the primary utilities to the building. The tenant is responsible for any additional utilities or upgrades required for its business.

Move-In and Move-Out

Option A: Tenant shall accept the Premises in its "as is" condition. Upon termination of this Lease, Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted.

Option B: Upon termination of this Lease, Tenant shall return the Premises in the same condition as when they took possession, less normal wear and tear. The Tenant is responsible for removing all personal property and any alterations or improvements they made during their tenancy, unless otherwise agreed in writing with the Landlord. Any abandoned property will be handled according to Kansas statutes.

Default

Option A: If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and pursue all available remedies, including eviction and recovery of damages, consistent with Kansas law.

Option B: If the Tenant fails to comply with any term, condition, or covenant of this Lease, the Landlord will provide written notice of the default. The Tenant will have [Number] days to cure the default. If the default is not cured, the Landlord may pursue any available remedies, including termination of the Lease and eviction.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease if such failure is caused by a force majeure event, such as fire, flood, or other casualty loss, consistent with local practice regarding tornado, flood, and severe storm risk typical in Kansas.

Indemnification

Tenant shall indemnify and hold Landlord harmless from any and all claims, losses, and liabilities arising out of Tenant's use of the Premises, including but not limited to those related to machinery, motor vehicles, and inventory.

Dispute Resolution

Option A: Any dispute arising out of this Lease shall be resolved through mediation in Kansas before resorting to litigation. This Lease shall be governed by the laws of the State of Kansas.

Option B: Any controversy or claim arising out of or relating to this lease, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be held in [City, Kansas].

Estoppel Certificate

Tenant agrees to provide Landlord with an estoppel certificate upon request, confirming the terms of this Lease.

Signage

Tenant may install signage on the Premises in accordance with Landlord's signage standards and any applicable local ordinances.

Compliance

Tenant shall comply with all applicable health, safety, and ADA requirements for the Premises.

Taxes

Tenant shall be responsible for the payment of any personal property taxes assessed on its personal property located on the Premises.

Representations

Each party represents that it has the authority to enter into this Lease and to perform its obligations hereunder.

Exhibits

The following exhibits are attached to and incorporated into this Lease:

Exhibit A: Legal Property Description and Site Plan

Exhibit B: Rules and Regulations

Notice

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

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]