Missouri commercial lease agreement template

Missouri Commercial Lease Agreement

This Commercial Lease Agreement (the "Agreement") is made and entered into as of this [Date of Signing], by and between [Lessor Name], a [Entity Type of Lessor], with an address at [Lessor Address] ("Landlord"), and [Lessee Name], a [Entity Type of Lessee], with an address at [Lessee Address] ("Tenant").

Leased Premises

• The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises (the "Premises") located at [Street Address], [Suite/Unit Number], [City], Missouri, [Zip Code].
• Legal Description: [Legal Description of Property]
• The Premises contain approximately [Square Footage] square feet of rentable area.
• The Premises include the following common areas: [Description of Common Areas].
• The Premises include the following parking spaces: [Number] spaces, [Assigned or Unassigned].

Permitted Use

• The Premises shall be used by Tenant solely for the purpose of: [Description of Permitted Use].
• Tenant shall conduct its business in a lawful manner and in compliance with all applicable laws and regulations.
• Option A: Tenant shall have exclusive use rights for [Specific Use] within the building.
• Option B: Co-tenancy Requirement: If [Anchor Tenant] vacates the property, Tenant shall have the option to terminate the lease.

Lease Type

• Option A: Gross Lease: Tenant pays a fixed rent and Landlord pays for all operating expenses.
• Option B: Net Lease: Tenant pays a fixed rent plus a portion of the operating expenses.
• Option C: Triple Net (NNN) Lease: Tenant pays a fixed rent plus all operating expenses, including CAM, property taxes, and insurance.
• Option D: Modified Gross Lease: Tenant pays a fixed rent plus some, but not all, operating expenses as specifically outlined in this agreement.

Lease Term

• The Lease Term shall commence on [Start Date] and shall end on [End Date].
• Option A: Fixed Term: The lease term is a fixed period as stated above.
• Option B: Automatic Renewal: This lease shall automatically renew for successive terms of [Length of Renewal Term] unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option C: Month-to-Month Conversion: After the initial lease term, this lease shall convert to a month-to-month tenancy, terminable by either party with [Number] days' written notice.
• Early Termination: Tenant shall have the option to terminate the lease early by paying a fee of [Amount] and providing [Number] days' written notice.
• Holdover: If Tenant remains in possession of the Premises after the expiration or termination of this Lease, such occupancy shall be deemed a month-to-month tenancy at a rental rate equal to [Percentage]% of the then-current monthly rent.

Rent

• The base rent shall be [Amount] per [Month/Quarter/Year], payable in advance on the [Day] day of each [Month/Quarter].
• Escalation Clause: The base rent shall increase by [Percentage]% on [Date] of each year, commencing [Start Date].
• Rent Adjustment Method: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [Specific CPI Region].
• Option A: Rent Abatement: Rent shall be abated for the period from [Start Date] to [End Date].
• Late Payment Penalty: A late payment fee of [Amount] shall be charged for any rent payment received more than [Number] days after the due date. Interest shall accrue on past due amounts at the rate of [Percentage]% per annum.
• Rent Payment Frequency: [Monthly/Quarterly/Annually]
• Rent Payment Method: [Check/ACH/Wire Transfer]
• Rent Payment Location: [Address]

Security Deposit

• The Tenant shall deposit with the Landlord a security deposit in the amount of [Amount].
• The security deposit shall be used to cover damages to the Premises, unpaid rent, or other obligations of the Tenant under this Lease.
• Option A: The security deposit shall not accrue interest.
• Option B: Landlord shall pay interest on the security deposit as required by Missouri law.
• The security deposit shall be returned to the Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent.
• Tenant is responsible for any cost to increase the security deposit if rent increases over the term of this lease.
• Option A: Tenant may provide a letter of credit in lieu of a security deposit.
• Option B: A guarantor is responsible for all obligations of the tenant under this lease.

Operating Expenses

• The following operating expenses shall be the responsibility of the [Landlord/Tenant]:
  • Common Area Maintenance (CAM)
  • Property Taxes
  • Insurance
  • Utilities
  • Maintenance
  • Repairs
  • Janitorial Services
  • Trash Removal
  • Snow Removal
• Allocation of Responsibility: (Details for each expense, e.g., Tenant pays proportionate share based on square footage).

Repair and Maintenance

• The Landlord shall be responsible for structural repairs, including the roof, foundation, and exterior walls.
• The Tenant shall be responsible for routine maintenance and repairs to the interior of the Premises, including HVAC, plumbing, and electrical systems (excluding structural).
• The Tenant shall keep the Premises in good order and appearance.
• The Landlord shall conduct inspections of the Premises no more than [Number] times per [Year/Month], with [Number] days' prior notice.

Insurance

• The Tenant shall maintain property insurance on the Premises in an amount not less than [Amount].
• The Tenant shall maintain commercial general liability insurance with limits of not less than [Amount] per occurrence and [Amount] in the aggregate.
• The Landlord shall maintain property insurance on the building.
• The Tenant shall provide the Landlord with certificates of insurance evidencing the required coverage.
• Waiver of Subrogation: The Landlord and Tenant hereby waive all rights of recovery against each other for any loss or damage covered by insurance.

Property Damage and Casualty

• In the event of damage to the Premises by fire or other casualty, the Landlord shall repair the Premises within a reasonable time.
• If the Premises are substantially damaged and cannot be repaired within [Number] days, the Tenant shall have the right to terminate this Lease.
• Rent Abatement: If the Premises are damaged, rent shall abate proportionally to the extent the Tenant is unable to use the Premises.
• Option A: If the Premises are totally destroyed, this Lease shall automatically terminate.

Subletting and Assignment

• The Tenant shall not sublet the Premises or assign this Lease without the Landlord's prior written consent.
• Option A: Landlord's consent shall not be unreasonably withheld.
• Option B: Landlord has absolute discretion to accept or reject a sublease or assignment.
• Permitted Transfers: This restriction does not apply to transfers to an affiliate of the Tenant.
• Change of Control: A change in control of the Tenant shall be deemed an assignment requiring Landlord's consent.

Default and Remedies

• The following shall constitute events of default:
  • Failure to pay rent when due.
  • Failure to comply with any other term or condition of this Lease.
  • Abandonment of the Premises.
  • Insolvency or bankruptcy of the Tenant.
• Notice and Cure: Landlord shall provide written notice of default, and Tenant shall have [Number] days to cure the default. For non-payment of rent, the cure period is [Number] days.
• Landlord's Remedies: Upon default, the Landlord shall have the right to:
  • Re-enter and repossess the Premises.
  • Terminate this Lease.
  • Recover all damages, including unpaid rent and the cost of reletting the Premises.
  • Accelerate all rent due for the remainder of the lease term.
• Pursuant to Missouri law, notice shall be served upon Tenant according to [Missouri Statutes].
• Attorney's Fees: The prevailing party in any legal action related to this Lease shall be entitled to recover its reasonable attorney's fees and costs.

Compliance with Laws

• The Tenant shall comply with all applicable federal, state, county, and local laws, regulations, ordinances, and building codes.
• This includes compliance with Missouri landlord-tenant statutes.
• The Tenant is responsible for ADA compliance within the Premises.
• The Tenant shall not store or use any hazardous materials on the Premises without the Landlord's prior written consent and in compliance with all applicable environmental laws.

Improvements and Alterations

• Option A: The Landlord shall provide a tenant improvement allowance of [Amount] for improvements to the Premises.
• All improvements and alterations to the Premises shall require the Landlord's prior written approval.
• Upon termination of this Lease, all fixtures and improvements shall become the property of the Landlord, unless otherwise agreed in writing.
• Restoration: Tenant, at its expense, shall restore the Premises to its original condition upon termination of the Lease, except for reasonable wear and tear.

Condition of Premises

• The Tenant accepts the Premises in its "as is" condition.
• A move-in checklist is attached as Exhibit [Exhibit Letter].
• Upon termination of this Lease, the Tenant shall surrender the Premises in the same condition as at the commencement of the Lease, reasonable wear and tear excepted.
• Landlord shall have the right to perform a walk-through of the premises with the tenant prior to vacating the premises.

Quiet Enjoyment and Access

• The Landlord covenants that the Tenant shall have quiet enjoyment of the Premises during the Lease Term.
• The Landlord shall have the right to access the Premises for reasonable purposes, including inspections and repairs, upon providing the Tenant with [Number] hours' prior notice, except in cases of emergency.
• Landlord shall have the right to show the premises to prospective tenants or buyers with reasonable notice to tenant.

Indemnification and Liability

• The Tenant shall indemnify and hold harmless the Landlord from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or related to the Tenant's use of the Premises.
• The Landlord shall indemnify and hold harmless the Tenant from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or related to the Landlord's negligence.
• Limitation of Liability: Neither party shall be liable for consequential, incidental, or punitive damages.

Signage

• The Tenant shall have the right to install signage on the Premises, subject to the Landlord's prior written approval and compliance with all applicable city ordinances.
• All signage shall be removed by the Tenant upon termination of this Lease, and the Tenant shall repair any damage caused by the removal.
• Option A: See Signage Addendum attached as Exhibit [Exhibit Letter].

Parking and Common Areas

• The Tenant shall have the right to use [Number] parking spaces.
• Parking spaces are [Reserved/Unreserved].
• The Landlord shall maintain the common areas in good condition.
• The cost of maintaining the common areas shall be allocated as provided in the "Operating Expenses" section of this Lease.

Utilities

• The [Landlord/Tenant] shall be responsible for the payment of utilities serving the Premises.
• Meter Installation: [Landlord/Tenant] shall be responsible for installing separate meters for utilities.
• Option A: Utilities are included in the base rent.
• Option B: Tenant is responsible for all utilities consumed in the Premises.
• Overages: Tenant is responsible for utility overages resulting from excessive use.

Rules and Regulations

• The Tenant shall comply with all rules and regulations established by the Landlord for the building or complex.
• A copy of the current rules and regulations is attached as Exhibit [Exhibit Letter].
• The Landlord may amend the rules and regulations from time to time, provided that such amendments are reasonable and do not materially interfere with the Tenant's use of the Premises.

Estoppel Certificate

• The Tenant shall, within [Number] days of the Landlord's request, execute and deliver to the Landlord an estoppel certificate confirming the terms of this Lease.
• Failure to deliver the estoppel certificate within the specified time shall be deemed an acceptance of the terms as presented by the Landlord.
• Option A: A sample estoppel certificate is attached as Exhibit [Exhibit Letter].

Surrender and Abandonment

• Upon termination of this Lease, the Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted.
• Any property left behind by the Tenant after the termination of this Lease shall be deemed abandoned and may be disposed of by the Landlord.
• Decommissioning: Tenant is responsible to decommission all equipment and/or trade fixtures.

Environmental Provisions

• The Tenant shall comply with all applicable environmental laws and regulations.
• The Tenant shall not bring any hazardous materials onto the Premises without the Landlord's prior written consent.
• Disclosure: Landlord discloses the presence of [Asbestos/Lead/Radon] on the property (if applicable).
• Tenant shall notify the landlord immediately of any environmental contamination discovered on the premises.

Option to Purchase/Right of First Refusal/Right of First Offer/Expansion Rights

• Option A: Tenant shall have an option to purchase the Premises at a price of [Amount] during the term of this lease.
• Option B: Tenant shall have a right of first refusal to purchase the Premises.
• Option C: Tenant shall have a right of first offer to lease additional space in the building.
• Option D: Tenant shall have expansion rights as described in Exhibit [Exhibit Letter].

Governing Law

• This Lease shall be governed by and construed in accordance with the laws of the State of Missouri.
• Jurisdiction and Venue: [County] County, Missouri.

Dispute Resolution

• Option A: Any dispute arising out of or related to this Lease shall be resolved through mediation.
• Option B: Any dispute arising out of or related to this Lease shall be resolved through binding arbitration.
• Option C: Any legal action arising out of or related to this Lease shall be brought in the courts of [County] County, Missouri.
• Notice: Notice of any dispute must be given to the other party in writing.

Taxes and Assessments

• The [Landlord/Tenant] shall be responsible for the payment of all real property taxes and assessments levied against the Premises.
• Tax Protest: The [Landlord/Tenant] shall have the right to protest any tax assessment.
• Tenant is responsible for all sales or personal property taxes resulting from the Tenant's operations.

Missouri-Specific Legal Requirements

• Smoke and Carbon Monoxide Detectors: The Premises [does/does not] require smoke and carbon monoxide detectors pursuant to Missouri law.
• The Landlord warrants that the Premises are suitable for Tenant’s intended business operation.
• Business licenses are the sole responsibility of the Tenant.

Notice

• All notices 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.
• Allowed email or electronic notice: [Yes/No].
• Timeframes for deeming notices received shall comply with Missouri statutes.

Warranties and Representations

• Each party warrants and represents that it has the full right, power, and authority to enter into this Lease and to perform its obligations hereunder.
• Landlord warrants that the Premises conforms to legal use and that all utilities are connected and operating properly.

Exhibits and Addenda

• The following exhibits and addenda are attached to and incorporated into this Lease:
  • Exhibit A: Floor Plan
  • Exhibit B: Parking Diagram
  • Exhibit C: Rules and Regulations
  • Exhibit D: Tenant Improvement Specifications
  • Exhibit E: Insurance Certificates
  • Exhibit F: Estoppel Form
  • Exhibit G: Signage Appendix

Integration/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.
• Amendment: This Lease may be amended only by a writing signed by both parties.
• Severability: If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any breach of this Lease shall be deemed a waiver of any subsequent breach.
• Successors and Assigns: This Lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
• Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to causes beyond its reasonable control, including acts of God, war, terrorism, or government regulation.

Signatures

• Electronic Signatures: [Permitted/Not Permitted]
• IN WITNESS WHEREOF, the parties have executed this Commercial Lease Agreement as of the date first written above.
• Landlord:
  • By: [Landlord Name]
  • Title: [Landlord Title]
  • Signature: ____________________________
• Tenant:
  • By: [Tenant Name]
  • Title: [Tenant Title]
  • Signature: ____________________________

Corporate Authority Certification (If applicable)

• The undersigned, [Name], certifies that he/she is the [Title] of [Company Name], and that he/she has the authority to execute this Lease on behalf of the Company.