Mississippi warehouse lease agreement template

Mississippi Warehouse Lease Agreement

This Mississippi Warehouse Lease Agreement ("Agreement") is made and entered into as of [Date], by and between [Landlord Full Legal Name/Business Entity], with a principal place of business at [Landlord Address] ("Landlord"), and [Tenant Full Legal Name/Business Entity], with a principal place of business at [Tenant Address] ("Tenant"). Landlord and Tenant each represent and warrant that they have the full right, power, and authority to enter into this Agreement.

• Landlord's Contact Information:
  • [Landlord Contact Person Name]
  • [Landlord Phone Number]
  • [Landlord Email Address]
• Tenant's Contact Information:
  • [Tenant Contact Person Name]
  • [Tenant Phone Number]
  • [Tenant Email Address]

1. Property Description

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse space located at [Full Property Address], Mississippi, legally described as [Legal Description] (the "Premises").

• The Premises consists of approximately [Square Footage] square feet.
• Loading Docks:
  • Number: [Number]
  • Height: [Height]
• Ceiling Height: [Ceiling Height]
• Warehouse Bay Number(s): [Bay Numbers] and corresponding access points.
• Floor Type: [Floor Type, e.g., Concrete].
• Floor Load Capacity: [Load Capacity] pounds per square foot.
• Attached as Exhibit A is a site plan of the Premises.
• Parking Area Allocation: [Number] parking spaces for Tenant's use.
• Truck and Trailer Access: As depicted on Exhibit A.
• Storage Yard:
  • Option A: Exclusive use of [Description of Storage Yard Area].
  • Option B: Shared use of [Description of Shared Storage Yard Area] with other tenants.
• Exterior and Docking Areas:
  • Option A: Exclusive use.
  • Option B: Shared use.

2. Permitted Use

The Premises shall be used solely for warehouse purposes, specifically for [Description of Permitted Uses, e.g., logistics, storage of specified materials, light manufacturing, or distribution].

• Specifically allowed uses: [List of Allowed Uses].
• Prohibited Uses:
  • Residential use is strictly prohibited.
  • Retail use is strictly prohibited.
  • Non-permitted industrial uses are prohibited.
  • Storage of hazardous materials as defined by Mississippi and federal law is prohibited.
  • Any activities violating Mississippi zoning or land use ordinances are prohibited. Tenant is responsible for compliance with all applicable zoning ordinances, including [Relevant Zoning Code References].

3. Lease Term

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

• Renewal Options:
  • Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each, upon written notice to Landlord given at least [Number] months prior to the expiration of the then-current term.
  • Option B: No renewal option.
• Holdover Provisions: If Tenant remains in possession of the Premises after the expiration of the Lease term, such holdover shall be deemed a month-to-month tenancy, terminable by either party upon [Number] days' written notice, and the rent shall be [Percentage]% of the then-current monthly rent.
• Early Termination:
  • Option A: Tenant shall have the right to terminate this Lease early by providing Landlord with [Number] months' written notice and paying a termination fee equal to [Number] months' rent.
  • Option B: No early termination rights.
• 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 as defined under Mississippi law, including but not limited to acts of God, war, terrorism, government regulations, or natural disasters affecting Mississippi specifically.

4. Rent and Security Deposit

Tenant shall pay Landlord base rent in the amount of [Dollar Amount] per month (the "Base Rent"), payable in advance on the [Day] day of each month, beginning on [Date].

• Escalation Schedule:
  • Option A: The Base Rent shall increase by [Percentage]% annually, commencing on [Date].
  • Option B: The Base Rent shall increase to [Dollar Amount] on [Date].
• Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], to be held in escrow and used only as permitted by Mississippi law. Landlord may use the security deposit to cover unpaid rent or damages to the Premises beyond normal wear and tear.
• Payment Method: Rent shall be paid by [Payment Method, e.g., check, wire transfer, electronic payment] to [Payee Information].
• Late Fees: A late fee of [Dollar Amount or Percentage]% of the overdue rent shall be charged for any rent payment received more than [Number] days after the due date, consistent with Mississippi statute.
• Rent Abatement/Offset:
  • Option A: In the event of [Specific Circumstance, e.g., substantial damage to the Premises], Tenant shall be entitled to rent abatement until the Premises is restored.
  • Option B: No rent abatement or offset provisions.
• Mississippi Commercial Rental Taxes: The Base Rent is exclusive of any applicable Mississippi commercial rental taxes, which shall be the sole responsibility of [Party Responsible, e.g., Tenant, Landlord].

5. Taxes and Assessments

• Property Taxes:
  • Option A: Landlord shall be responsible for the payment of all real property taxes and special assessments levied against the Premises.
  • Option B: Tenant shall be responsible for paying its pro rata share of real property taxes and special assessments levied against the Premises, calculated as [Calculation Method].
• Mississippi Sales/Use Taxes: Tenant shall be responsible for all Mississippi sales/use taxes on any services or utilities used at the Premises.

6. Common Area Maintenance (CAM)

If applicable, Tenant shall be responsible for its pro rata share of Common Area Maintenance (CAM) charges.

• CAM charges may include, but are not limited to:
  • Pest control.
  • Snow and ice removal.
  • Landscape maintenance.
  • Roof and dock maintenance.
  • Lighting.
  • Fencing and gates.
  • Security systems.

7. Utilities

Tenant shall be responsible for the payment of all utilities serving the Premises, including but not limited to:

• Electricity.
• Gas.
• Water.
• Sewer.
• Trash.
• Fire suppression sprinklers.

• Sub-metering/Allocation: [Description of Sub-metering or Allocation Method, if applicable].
• Billing/Reimbursements: [Description of Billing or Reimbursement Process].

8. Tenant Improvements

Tenant may make improvements to the Premises with Landlord's prior written consent, which shall not be unreasonably withheld.

• All improvements must comply with all applicable Mississippi building codes, ADA requirements, and local ordinances.
• Tenant is responsible for obtaining all necessary permits, including Mississippi building permits.
• Upon termination of the Lease, Tenant shall [Description of Restoration Obligations, e.g., restore the Premises to its original condition].

9. Maintenance and Repair

Landlord shall be responsible for maintaining and repairing the following:

• Building structure.
• Roof.
• Mechanical systems.
• Docks.
• Doors.
• Fire suppression/safety systems.
• Parking lots.
• Refrigeration/HVAC units (if applicable).

• Required Response Times: Landlord shall respond to maintenance requests within [Number] hours and complete repairs within a reasonable time frame, consistent with Mississippi codes.
• Tenant shall be responsible for maintaining the interior of the Premises in good condition and repair, reasonable wear and tear excepted.
• Tenant shall immediately report any property damage, environmental incidents, or safety hazards to Landlord. Tenant shall comply with all Mississippi Department of Environmental Quality (MDEQ) regulations concerning spills, contamination, or hazardous material events.

10. Insurance

Tenant shall maintain the following insurance coverage:

• Property insurance.
• General liability insurance with minimum policy limits of [Dollar Amount].
• Business interruption insurance.

• Waiver of Subrogation: Both Landlord and Tenant hereby waive any and all rights of recovery against the other for loss or damage covered by their respective insurance policies.
• Endorsement/Certificate Requirements: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.
• Landlord shall maintain insurance on the building and shall be responsible for its own indemnification responsibilities.

11. Fire Prevention and Safety

Tenant shall comply with all applicable fire prevention and safety regulations, including Mississippi building code.

• Sprinkler system maintenance.
• Fire exit access.
• Storage height limits.
• Use of flammable/combustible materials.
• Tenant shall be responsible for compliance with OSHA and local fire marshal inspections.

12. Vehicle and Equipment Access

Tenant shall comply with all rules and regulations regarding vehicle and equipment access, parking, and loading/unloading.

• Adherence to Mississippi DOT regulations for commercial property.
• Vehicle and equipment access rules: [Description of Rules].

13. Subleasing and Assignment

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

• Conditions for Mortgagee Consent: [Description of Conditions].
• Process for Landlord Approval: [Description of Process].

14. Business Licenses and Compliance

Tenant shall obtain and maintain all necessary business licenses, including a Mississippi sales tax and use tax permit, and comply with all applicable federal, state, and local laws and regulations.

15. Right of Inspection

Landlord shall have the right to enter the Premises for inspection, maintenance, or repairs upon reasonable notice to Tenant, except in cases of emergency.

• Notice Requirements: Landlord shall provide Tenant with at least [Number] hours' notice prior to entering the Premises, except in cases of emergency, consistent with Mississippi law.

16. Environmental Indemnity

Tenant shall not store, use, or dispose of any regulated substances on the Premises in violation of applicable environmental laws. Tenant shall indemnify and hold Landlord harmless from any environmental liabilities arising from Tenant's use of the Premises.

• Compliance with MDEQ, EPA, and local environmental ordinances.
• Tenant's obligation to remediate hazardous releases.

17. Alterations and Signage

Tenant shall not make any alterations to the Premises or erect any signage without Landlord's prior written consent.

• Signage Requirements: [Description of Signage Requirements, including building and monument signs, and municipality permit requirements].

18. Move-In/Move-Out

Prior to move-in, Landlord and Tenant shall conduct a joint inspection of the Premises and complete a condition checklist. Upon termination of the Lease, Tenant shall return the Premises in the same condition as it was at the commencement of the Lease, reasonable wear and tear excepted, and removing all personal property.

• Disposition of Tenant-Installed Racking or Built-Ins: [Description of Disposition].

19. Default and Remedies

If Tenant defaults in the performance of any of its obligations under this Lease, Landlord shall have the right to pursue all available remedies, including termination of the Lease and eviction of Tenant, as permitted by Mississippi law.

• Default Notification Periods: [Number] days' written notice.
• Landlord's Right to Self-Help: [Description of Landlord's Right to Self-Help, if permitted under Mississippi law].
• Limits on Landlord’s Liability: To the extent permitted by Mississippi law, Landlord shall not be liable for consequential damages.

20. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through mediation and/or arbitration in [City], Mississippi.

• Governing Law: This Lease shall be governed by and construed in accordance with the laws of the State of Mississippi.
• Jurisdiction: Venue for any legal action shall be in [County] County, Mississippi.

21. 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 email to the addresses set forth in this Lease.

22. Miscellaneous

• Amendment Procedures: This Lease may be amended only by a written instrument signed by both Landlord and Tenant.
• Full Integration/Entire Agreement: This Lease constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements.
• Counterparts: This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
• Electronic Signature Validity: Electronic signatures shall be valid and binding under the Mississippi Uniform Electronic Transactions Act.

23. Compliance with Laws

Tenant and Landlord shall comply with all applicable Mississippi statutes and regulations, including Mississippi landlord-tenant law (Miss. Code Ann. § 89-7), county/municipal fire and zoning rules, and local warehousing ordinances.

24. Local Considerations

Tenant acknowledges that it has considered local property insurance practices, disaster response protocols, tornado/hurricane contingency measures (if applicable), force majeure specifics relevant to the region, and business interruption coverage triggered by natural disasters.

25. Waivers

No waiver of any provision of this Lease shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

26. Severability

If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Exhibits:

• Exhibit A: Property Map/Site Plan
• Exhibit B: Building Rules
• Exhibit C: Maintenance Standards
• Exhibit D: Equipment List
• Exhibit E: Warehouse Operation Schedules
• Exhibit F: Required Disclosures/Statutory Notices

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

____________________________

[Landlord Full Legal Name/Business Entity]

By: ____________________________

[Landlord Printed Name]

[Landlord Title]

____________________________

[Tenant Full Legal Name/Business Entity]

By: ____________________________

[Tenant Printed Name]

[Tenant Title]