Kentucky warehouse lease agreement template

Kentucky Warehouse Lease Agreement

This Kentucky Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord Legal Name], residing at [Landlord Address] ("Landlord"), and [Tenant Legal Name], residing at [Tenant Address] ("Tenant").

If applicable: [Property Manager Legal Name], residing at [Property Manager Address] is appointed as the Property Manager by Landlord.

1. Property Description

Landlord leases to Tenant, and Tenant leases from Landlord, the following described premises (the "Premises") located at [Warehouse Address], [County Name] County, Kentucky:

• Legal Description: [Detailed Legal Description as per Property Records]
• Square Footage: [Square Footage]
• Ceiling Height: [Ceiling Height]
• Dock Doors: [Number of Dock Doors]
• Loading Bays: [Number of Loading Bays]
• Racking Details: [Description of Racking if Applicable]
• Office/Mezzanine Areas: [Description of Office/Mezzanine Areas]
• Truck Access: [Description of Truck Access]
• Parking Allocation:
  • Truck/Trailer Parking: [Number of Truck/Trailer Parking Spaces]
  • Employee Vehicle Parking: [Number of Employee Vehicle Parking Spaces]
• Utility Hook-ups:
  • Water: [Yes/No]
  • Sewer: [Yes/No]
  • Gas: [Yes/No]
  • Three-Phase Power: [Yes/No]

2. Permitted Use

The Premises shall be used solely for the following purposes: [Specify Permitted Use(s): Warehouse, Distribution, E-commerce Fulfillment, Light Manufacturing, Other Kentucky-Approved Commercial Activity].

• Prohibited Uses: [List Prohibited Uses, e.g., Hazardous Material Storage, Retail Operations if Restricted by Zoning]
• Conditional Uses: [List Conditional Uses and Required Approvals]

Tenant shall comply with all applicable local zoning ordinances, Kentucky fire safety codes (including sprinkler and alarm systems), and all state and federal regulations governing warehouse operations (OSHA, DOT, EPA, etc.).

3. Lease Term

The term of this Lease shall be [Fixed/Periodic].

• Option A: Fixed Term
  • Commencement Date: [Date]
  • Expiration Date: [Date]
• Option B: Periodic Term
  • Commencement Date: [Date]
  • Term Length: [e.g., Month-to-Month]

The delivery condition of the premises will be [broom clean/specific condition].

• Renewal Options: [Describe Renewal Options, if any, including notice requirements and terms]
• Expansion Options: [Describe Expansion Options, if any, including notice requirements and terms]
• Right of First Refusal: [Describe Right of First Refusal, if any, including triggering events and procedures]
• Early Termination: [Describe Conditions for Early Termination and any penalties]
• Holdover: [Describe Holdover Provisions and Penalties, consistent with Kentucky law]

4. Rent

Tenant shall pay Landlord rent as follows:

• Base Rent: [Dollar Amount] per square foot annually/monthly.
• Payment Method: [Specify Payment Methods, e.g., Check, Wire Transfer]
• Security Deposit: [Dollar Amount] (Subject to Kentucky statutory limits).
  • Interest on Security Deposit: [Specify Interest Handling, if applicable, as required by Kentucky law]
• Rent Escalations:
  • Option A: CPI [Specify CPI Index and Adjustment Frequency]
  • Option B: Fixed Steps [Specify Fixed Rent Increases and Dates]
  • Option C: Market Rent Resets [Specify Process for Market Rent Determination]
• Late Fees: [Specify Late Fee Structure, aligned with Kentucky law]
• Real Estate Taxes: [Specify Responsibility for Real Estate Taxes, e.g., Landlord pays, Tenant reimburses, Pro-rata share]
• Special Assessments: [Specify Responsibility for Special Assessments, e.g., Landlord pays, Tenant reimburses, Pro-rata share]
• Local Taxes: [Specify Responsibility for Kentucky Tangible Personal Property Tax, Occupational License Tax, Sales/Use Tax, if applicable]

5. Utilities and Common Area Maintenance (CAM)

• Utilities:
  • Electricity: [Landlord/Tenant] contracts and pays.
  • Water: [Landlord/Tenant] contracts and pays.
  • Sewer: [Landlord/Tenant] contracts and pays.
  • Internet/Data Lines: [Landlord/Tenant] contracts and pays.
  • Trash: [Landlord/Tenant] contracts and pays.
• Common Area Maintenance (CAM) Charges: [Describe CAM Charges and Itemization, e.g., Exterior Lighting, Landscaping, Snow Removal per Kentucky Winter Weather Best Practices]

6. Maintenance and Repairs

Landlord shall maintain the structural elements of the Premises, including the roof, exterior walls, slab, foundation, and loading dock doors (unless caused by Tenant misuse).

Tenant shall be responsible for internal repairs, pest control, routine cleaning, and HVAC maintenance/replacement. [Specify Details of HVAC Maintenance/Replacement Responsibility]

7. Tenant Improvements and Alterations

Tenant shall have the right to install warehouse-specific equipment, including racking, mezzanines, and high-pile storage, subject to Landlord's approval (not to be unreasonably withheld) and compliance with fire marshal and building inspections.

• Signage: [Describe Signage Rights, including Exterior and Monument Signage, consistent with Kentucky local codes]
• Modification Approvals: [Describe Process for Obtaining Landlord Approval for Modifications]
• Restoration Obligations: [Describe Tenant's Restoration and Removal Obligations at Lease End]

8. Insurance

Landlord and Tenant shall maintain insurance coverage as follows, consistent with Kentucky law:

• Commercial General Liability: [Specify Minimum Coverage Amount]
• Property Insurance: [Specify Coverage Details]
• Auto Insurance: [Specify Coverage Details]
• Worker’s Compensation: As required by KRS 342.
• Warehouse Operator’s Legal Liability Insurance: [Specify Coverage Details, if applicable, for subleasing or third-party storage]

Landlord and Tenant shall name each other as additional insureds on their respective policies.

9. Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to Tenant's use of the Premises, consistent with Kentucky statutory notice and standards.

10. Fire Protection and Disaster Protocols

Tenant shall comply with all fire protection requirements, including emergency lighting, fire extinguisher locations, egress requirements, and drills. Disaster protocols, including tornado/severe weather response relevant to Kentucky, must be followed.

11. Hazardous Materials

[Specify Hazardous Materials Restrictions and Contamination Remediation Procedures, consistent with Kentucky and EPA regulations]

12. Operating Hours and Procedures

Tenant shall comply with the following operating hours and procedures:

• Permitted Operating Hours: [Specify Permitted Operating Hours]
• Loading/Unloading Procedures: [Specify Loading/Unloading Procedures]
• Parking Procedures: [Specify Parking Procedures]
• Access Control: [Describe Access Control Procedures]
• On-Site Security: [Describe On-Site Security Measures, e.g., Cameras, Fencing]

Tenant shall comply with all local noise, environmental, and traffic ordinances.

13. Subleasing and Assignment

[Specify Subleasing/Assignment Restrictions or Permitted Uses, including Landlord's Consent Requirements, consistent with Kentucky land-use rules]

14. Landlord Access

Landlord shall have the right to enter the Premises for inspection, maintenance, or repair purposes, with reasonable advance notice to Tenant (except in emergencies as allowed by Kentucky statutes).

15. Default and Remedies

In the event of a default by Tenant, Landlord shall have all remedies available under Kentucky law, including the right to terminate this Lease and recover damages. [Specify Cure Periods, Damages, Lease Termination Procedures, and Legal Fees, consistent with Kentucky law]

16. Move-In/Move-Out

[Specify Procedures for Tenant Move-In/Move-Out, Surrender Conditions, Professional Cleaning Requirements, Repair Obligations, and Removal/Disposal of Abandoned Property, consistent with Kentucky law. Include explicit standards for return of security deposit under Kentucky law, including maximum return period and itemized deduction requirements per KRS 383.580-383.605]

17. Compliance with Laws

Landlord and Tenant shall comply with all applicable Kentucky and federal anti-discrimination, ADA accessibility, and local disabled access requirements.

18. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation/arbitration in Kentucky, and, if necessary, litigation in the courts of Kentucky. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

19. Environmental, Zoning, and Property Safety

Landlord and Tenant shall comply with all Kentucky environmental, zoning, and property safety regulations. Landlord and Tenant shall comply with local fire/building inspections. Provide for periodic review of regulatory compliance or government orders.

20. Miscellaneous

• Severability: If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Non-Waiver: No waiver of any provision of this Lease shall be effective unless in writing and signed by the waiving party.
• Entire Agreement: This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

21. Chain of Title/Property Ownership

[Affirm chain of title/property ownership representations by Landlord, warranty of quiet enjoyment, mortgagee rights/subordination/estoppel, and clarify effect of any pending/anticipated property sales or financing]

22. County/City Specific Requirements

[Specify any County/City-Specific Requirements (such as Louisville, Lexington, or Northern Kentucky lease registration, local fire inspections, occupational or business licensing), and address Kentucky-Specific customs for warehouse property, such as winter weather policies (roof snow/ice removal, heat for fire suppression), pest and grain/food storage issues, and farm product warehousing if relevant]

23. Warehouseman’s Lien

[Consider and include any additional Kentucky “warehouseman’s lien” statutes if warehouse operator will store goods for others under Kentucky law]

24. Code Certifications

[Expressly confirm the warehouse meets all local code certifications (fire inspection, certificate of occupancy, compliance with Kentucky Building Code chapter as amended), and attach or reference any zoning letters, building plans, environmental reports, or other legal due diligence documentation necessary for the intended warehouse use]

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

____________________________ [Landlord Legal Name]

____________________________ [Tenant Legal Name]