Missouri retail lease agreement template

Missouri Retail Lease Agreement

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

• Witnesseth: Landlord leases to Tenant, and Tenant leases from Landlord, the Premises described below, subject to the terms and conditions set forth herein.

1. Premises

• Option A: The Landlord leases to Tenant the following described premises (the “Premises”): That certain space located at [Property Address], City of [City], County of [County], State of Missouri, consisting of approximately [Square Footage] square feet, with a frontage dimension of approximately [Frontage Dimensions], and as depicted on Exhibit A attached hereto and made a part hereof.
• Option B: Suite/Unit number [Unit Number] located at [Property Address], City of [City], County of [County], State of Missouri (the "Premises"), together with the right to use, in common with other tenants of the Building, all common areas and facilities. The Premises contains approximately [Square Footage] square feet.

The Premises includes the following:

• Access points: [Description of Access Points]
• Dedicated loading/unloading areas: [Description of Loading Areas]
• Utility capacity: [Description of Utility Capacity]
• Parking allocations: [Description of Parking Allocations]
• Signage locations and rights: [Description of Signage Rights]
• Exterior display or tenant facade rights: [Description of Exterior Display Rights]

2. Use of Premises

• Option A: The Premises shall be used and occupied by Tenant solely for the purpose of operating a retail business specializing in [Type of Retail Business].
• Option B: Tenant shall use the Premises only for the operation of a [Type of Retail Business] retail store.

Prohibited uses:

• The Tenant shall not use the Premises for any of the following purposes without the Landlord's prior written consent: [List of Prohibited Uses, e.g., adult entertainment, cannabis sales].

Compliance:

• Tenant agrees to comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to, zoning ordinances, Missouri commercial use regulations, city and county licensing, health, fire, and environmental codes.

3. Lease Term

• Option A: The term of this Lease shall be for a period of [Number] years, commencing on [Start Date] and ending on [End Date].
• Option B: The term of this Lease shall commence on the date the Premises are ready for occupancy, which date shall be determined by Landlord, and shall continue for a period of [Number] years. Landlord shall give Tenant [Number] days' notice of the date the Premises will be ready for occupancy.

Renewal Option:

• Tenant shall have the option to renew this Lease for one additional term of [Number] years, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the expiration of the initial term.

Holding Over:

• If Tenant remains in possession of the Premises after the expiration or termination of this Lease, such holding over shall not constitute a renewal of this Lease. Instead, such holding over shall be deemed a month-to-month tenancy, terminable by either party upon [Number] days' written notice. The rent during any such holdover period shall be [Percentage]% of the then current rent.

4. Rent

• Option A: Tenant shall pay Landlord base rent in the amount of [Dollar Amount] per month, payable in advance on the first day of each month during the Lease term.
• Option B: The annual base rent for the Premises shall be [Dollar Amount], payable in equal monthly installments of [Dollar Amount], payable in advance on the first day of each month during the Lease term.

Rent Commencement Date:

• Rent shall commence on [Date].

Security Deposit:

• Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease, pursuant to RSMo 535.300-535.320.

Common Area Maintenance (CAM):

• Tenant shall pay, as additional rent, its proportionate share of all Common Area Maintenance (CAM) costs incurred by Landlord. Tenant’s proportionate share shall be [Percentage]% of the total CAM costs.

Taxes:

• Option A: Tenant shall pay, as additional rent, its proportionate share of all real estate taxes assessed against the Property. Tenant’s proportionate share shall be [Percentage]% of the total real estate taxes.
• Option B: Landlord shall pay all real estate taxes.

Insurance:

• Tenant shall pay, as additional rent, its proportionate share of all insurance premiums paid by Landlord for the Property. Tenant’s proportionate share shall be [Percentage]% of the total insurance premiums.

Utilities:

• Tenant shall be responsible for the payment of all utilities used or consumed in the Premises, including, but not limited to, electricity, gas, water, and trash removal.

Late Fees:

• If rent is not paid within [Number] days after the due date, Tenant shall pay a late fee of [Dollar Amount].

5. Maintenance and Repairs

• Landlord's Obligations: Landlord shall maintain the structure, roof, exterior walls, and parking lot in good repair.
• Tenant's Obligations: Tenant shall maintain the interior of the Premises, including fixtures, storefront, and shall be responsible for regular janitorial services.

Emergency Repairs:

• In the event of an emergency, such as a fire or flood, Landlord shall make necessary repairs as soon as reasonably practicable.

Maintenance Logs:

• Tenant shall maintain logs of all maintenance and repairs performed on the Premises.

6. Tenant Improvements

• Option A: Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Landlord.
• Option B: Tenant may, at its own expense, make such alterations, additions, or improvements to the Premises as it deems necessary for its business operations, provided that such alterations, additions, or improvements do not materially affect the structure of the Building and are in compliance with all applicable laws and regulations.

ADA Compliance:

• Tenant shall be responsible for ensuring that the Premises comply with all applicable provisions of the Americans with Disabilities Act (ADA).

Restoration:

• At the expiration or termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

7. Operating Hours and Rules

• Operating Hours: Tenant shall operate its business during the following hours: [Days of the Week], [Start Time] to [End Time].
• Noise/Vibration/Smoke/Odor Control: Tenant shall not create any excessive noise, vibration, smoke, or odors that disturb other tenants or customers.

8. Exclusive Use

• Option A: Landlord shall not lease any other space in the Property to a business that directly competes with Tenant's business.
• Option B: (No exclusive use). Tenant acknowledges that Landlord may lease space to businesses that compete with Tenant.

Co-Tenancy Clause:

• If [Anchor Tenant Name] vacates the Property, Tenant shall have the option to terminate this Lease or renegotiate the rent.

9. Insurance

• Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and property insurance covering the Premises.
• Landlord shall maintain insurance on the building.

10. Default

• If Tenant fails to pay rent when due or fails to perform any other obligation under this Lease, Landlord may declare Tenant in default.

Notice and Cure Periods:

• Landlord shall provide Tenant with written notice of any default and Tenant shall have [Number] days to cure the default.

Landlord's Remedies:

• In the event of a default, Landlord shall have the right to terminate this Lease, re-enter the Premises, and pursue any other remedies available under Missouri law.

11. Sublease 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 the Premises or assign this Lease with the consent of Landlord, which consent shall not be unreasonably withheld.

12. Dispute Resolution

• Any dispute arising out of or relating to this Lease shall be resolved through negotiation, then mediation, and if mediation fails, then binding arbitration in accordance with the rules of the American Arbitration Association. The laws of the State of Missouri shall govern this Lease. Venue for any legal action shall be in [County Name] County, Missouri.

13. Representations and Warranties

• Landlord represents and warrants that it has the authority to enter into this Lease and that the Premises are in compliance with all applicable laws and regulations.
• Tenant represents and warrants that it has the authority to enter into this Lease and that its use of the Premises will be in compliance with all applicable laws and regulations.

14. Required Disclosures

• Lead-Based Paint Disclosure (if applicable): [Lead-Based Paint Disclosure Statement]
• Flood Zone Information: [Flood Zone Disclosure Statement]
• Radon Disclosure: [Radon Disclosure Statement]

15. Governing Law

• This Lease shall be governed by and construed in accordance with the laws of the State of Missouri.

16. 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.

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

Landlord:

[Landlord Name]

By: [Landlord Signature]

Tenant:

[Tenant Name]

By: [Tenant Signature]