Missouri warehouse lease agreement template

Missouri Warehouse Lease Agreement

This Missouri Warehouse Lease Agreement (the “Agreement”) is made and effective as of this [Date], by and between:

• [Landlord Name], a [Legal Entity Type of Landlord, e.g., Corporation, LLC], with a mailing address of [Landlord Address] (“Landlord”),

and

• [Tenant Name], a [Legal Entity Type of Tenant, e.g., Corporation, LLC], with a mailing address of [Tenant Address] (“Tenant”).

1. Premises

1. Lease of Premises: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse premises located at [Full Property Address, including Street Address, City, State, Zip Code], with Parcel ID [Parcel ID Number] and legally described as [Legal Description] (the “Premises”).

• Option A: Including all appurtenances thereto.
• Option B: Excluding [Specifically Excluded Areas].

2. Premises Details: The Premises consists of approximately [Total Square Footage] square feet of warehouse space, including [Number] dock doors, a ceiling height of [Ceiling Height] feet, bay spacing of [Bay Spacing], and column spacing of [Column Spacing]. A site map is attached as Exhibit A.

• Option A: The Premises includes the areas marked in yellow on Exhibit A.
• Option B: The Tenant will have non-exclusive use of the truck court area shown in Exhibit A.

3. Exterior Areas: Tenant shall have the right to use the following exterior areas: driveways, [Number] parking spaces of type [Parking Type], truck courts, staging areas, and access to utilities.

• Option A: Outdoor storage is permitted in the area designated on Exhibit A.
• Option B: Outdoor storage is prohibited.

2. Use of Premises

1. Permitted Use: The Premises shall be used solely for the purpose of warehousing, storage, and distribution of [Specific Types of Goods].

• Option A: The use shall also include [Specific Industrial Activities].
• Option B: No manufacturing activities are permitted.

2. Prohibited Use: Tenant shall not use the Premises for residential purposes, unauthorized manufacturing, or any activity that violates local zoning ordinances or Missouri state codes, including the storage of hazardous materials without proper permits and compliance with the Missouri Department of Natural Resources regulations.

• Option A: No hazardous materials are permitted on the premises.
• Option B: Storage of hazardous materials is permitted with Landlord's prior written consent and subject to applicable regulations.

3. Term

1. Lease Term: The term of this Lease shall commence on [Start Date] and shall end on [End Date], representing a lease term of [Number] years and [Number] months.

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

• Option A: The rental rate for the renewal term shall be the then-current market rate, as determined by an appraisal conducted by a mutually agreed-upon appraiser.
• Option B: The rental rate for the renewal term shall increase by [Percentage]%.

3. Early Termination:

• Option A: Tenant shall not have the right to terminate this Lease early.
• Option B: Tenant shall have the right to terminate this Lease early by providing [Number] months written notice to Landlord and paying a termination fee equal to [Number] months' rent.

4. Rent

1. Base Rent: The base rent for the Premises shall be [Dollar Amount] per year, payable in monthly installments of [Dollar Amount], or [Dollar Amount] per square foot per year.

2. Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be used to cover any damages to the Premises or unpaid rent. The security deposit will be returned to Tenant within [Number] days of the Lease termination, less any deductions for damages or unpaid rent.

3. Rent Escalation: The base rent shall increase annually by [Percentage]%, commencing on [Date].

• Option A: The base rent shall increase based on the Consumer Price Index (CPI).
• Option B: There will be no rent escalation during the term of the lease.

4. Payment: Rent is due on the [Day] day of each month, payable to Landlord at [Payment Address]. Acceptable payment methods include [Payment Methods].

5. Late Payment: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount] or [Percentage]% of the overdue amount will be assessed, consistent with Missouri law.

5. Taxes

1. Real Estate Taxes: Landlord shall be responsible for paying all real estate taxes assessed against the Premises.

• Option A: Tenant shall reimburse Landlord for any increase in real estate taxes exceeding [Percentage]% over the base year of [Year].
• Option B: Tenant shall be responsible for paying a pro-rata share of any increase in real estate taxes, based on the percentage of the Premises' square footage compared to the total square footage of the property.

2. Personal Property Taxes: Tenant shall be responsible for paying all personal property taxes assessed on Tenant's equipment and inventory located at the Premises.

6. Utilities

1. Responsibility: Tenant shall be responsible for paying for all utilities used at the Premises, including electric, gas, water, sewage, and trash removal.

• Option A: Landlord shall provide water and trash removal, and Tenant shall reimburse Landlord for these costs.
• Option B: Tenant shall be responsible for obtaining and maintaining their own internet service.

2. HVAC:

• Option A: Landlord shall maintain the HVAC system.
• Option B: Tenant shall be responsible for the maintenance and repair of the HVAC system.

7. Common Area Maintenance (CAM)

1. CAM Charges: Tenant shall pay its pro rata share of common area maintenance (CAM) charges, which include costs for maintaining common areas, landscaping, snow removal, and security.

2. Calculation: CAM charges shall be calculated based on the percentage of the Premises' square footage compared to the total square footage of the property.

3. Reconciliation: Landlord shall provide Tenant with an annual reconciliation of CAM charges.

8. Repairs and Maintenance

1. Landlord's Obligations: Landlord shall be responsible for maintaining the structural elements of the Premises, including the roof, exterior walls, and foundation.

2. Tenant's Obligations: Tenant shall be responsible for maintaining the interior of the Premises, including the floors, walls, and doors, and for pest control. Tenant is responsible for any damages caused by Tenant's negligence.

• Option A: Landlord shall maintain the loading docks.
• Option B: Tenant shall be responsible for the maintenance and repair of the loading docks.

3. Snow Removal:

• Option A: Landlord is responsible for snow removal from common areas and truck bays.
• Option B: Tenant is responsible for snow removal from their truck bays and assigned parking areas.

9. Property Damage

1. Casualty Loss: If the Premises is damaged by fire or other casualty, Landlord shall repair the Premises, provided that such repairs can be completed within [Number] days.

• Option A: If repairs cannot be completed within [Number] days, either party may terminate this Lease.
• Option B: Rent shall abate during the period of repair.

2. Hazardous Spills: Tenant shall be responsible for remediating any hazardous spills at the Premises in accordance with Missouri law and federal EPA regulations.

10. Alterations and Improvements

1. Landlord Approval: Tenant shall not make any alterations or improvements to the Premises without Landlord's prior written approval, which shall not be unreasonably withheld.

2. Compliance: Any alterations or improvements must comply with all applicable Missouri codes and construction permitting requirements, as well as ADA accessibility requirements.

11. Insurance

1. Tenant's Insurance: Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount] per occurrence, as well as warehouse contents/business personal property insurance.

2. Landlord's Insurance: Landlord shall maintain building insurance.

3. Additional Insured: Tenant shall name Landlord as an additional insured on its commercial general liability insurance policy.

4. Waiver of Subrogation: Tenant and Landlord agree to waive their rights of subrogation against each other.

12. Fire Safety

1. Equipment Maintenance: Tenant shall maintain all fire safety equipment, including sprinklers, alarms, and extinguishers, in good working order and in compliance with local code.

2. Inspections: Tenant shall conduct annual inspections of all fire safety equipment.

13. Compliance with Laws

1. OSHA Compliance: If Tenant's business involves warehousing employees, forklift or machinery use, and hazard communication, Tenant shall comply with all applicable OSHA and Missouri workplace safety standards.

2. Environmental Regulations: Tenant shall comply with all Missouri and local environmental and stormwater management regulations, including the Missouri Clean Water Law.

14. Condemnation

1. Eminent Domain: If the Premises is taken by eminent domain, this Lease shall terminate, and Tenant shall be entitled to compensation as provided by Missouri law.

15. Default

1. Breach: 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 under Missouri law.

2. Cure Period: Tenant shall have [Number] days to cure any default after receiving written notice from Landlord.

16. Dispute Resolution

1. Negotiation: The parties shall first attempt to resolve any disputes through negotiation.

2. Mediation/Arbitration:

• Option A: If negotiation fails, the parties agree to submit the dispute to mediation.
• Option B: If negotiation fails, the parties agree to submit the dispute to binding arbitration.

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

17. Environmental Compliance

1. Hazardous Substances: Tenant shall not store or use any hazardous substances on the Premises without Landlord's prior written consent and in compliance with all applicable environmental laws.

2. Stormwater Management: Tenant shall comply with all stormwater management regulations.

18. Signage

1. Approval: Tenant shall not erect any signage on the exterior of the Premises without Landlord's prior written approval.

2. Compliance: All signage must comply with local sign codes.

19. Abandoned Property

1. Procedures: Any equipment or inventory abandoned by Tenant shall be handled in accordance with Missouri landlord-tenant law, including notification periods, storage, and disposal. Landlord shall have a warehouseman's lien on Tenant's property for unpaid rent.

20. Notices

1. Official Notice Methods: All notices required under this Lease shall be in writing and delivered by certified mail or email to the addresses listed above.

21. Force Majeure

1. Excusable Delay: Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to force majeure events, including severe weather risks specific to Missouri.

22. Inspections

1. Right of Entry: Landlord shall have the right to enter the Premises for inspection purposes with reasonable notice to Tenant.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

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

[Landlord Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

[Tenant Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]