Montana retail lease agreement template

Montana Retail Lease Agreement

This Montana Retail Lease Agreement (the "Agreement") is made and entered into as of this [Date], by and between [Landlord Name], residing at [Landlord Address], hereinafter referred to as "Landlord," and [Tenant Name], residing at [Tenant Address], hereinafter referred to as "Tenant." If applicable, Landlord is a [Landlord Entity Type, e.g., Corporation] organized under the laws of Montana, with registered agent [Landlord Registered Agent Name] at [Landlord Registered Agent Address]. If applicable, Tenant is a [Tenant Entity Type, e.g., LLC] organized under the laws of Montana, with registered agent [Tenant Registered Agent Name] at [Tenant Registered Agent Address].

1. Premises

Option A: The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises (the "Premises") located at [Property Address], legally described as [Legal Description].

Option B: The Premises consist of approximately [Square Footage] square feet of retail space. The Premises include [Frontage Description, e.g., 20 feet of storefront frontage], [Loading Dock/Delivery Access Details], [Number] parking spaces, including [Number] ADA-compliant spaces, [Signage Area Description], and shared utility access including [Utilities Included].

The Tenant also has the right to use the common areas designated by the Landlord.

Option A: The Tenant does NOT have the right to any expansion, pop-up, kiosk, or outdoor display rights.

Option B: The Tenant HAS the right to [Description of expansion, pop-up, kiosk, or outdoor display rights].

2. Permitted Use

Option A: The Premises shall be used and occupied solely for the purpose of operating a [Permitted Business Type] retail business.

Option B: The Premises shall be used and occupied solely for the purpose of operating a [Permitted Business Type] retail business, operating hours shall be [Retail Operation Hours]. The tenant should comply with [City/County Zoning Ordinances Governing Retail Use].

Unauthorized alterations to the business type or use are expressly prohibited.

If applicable, any Montana liquor licensing, tobacco sales, cannabis operations, or other regulated retail activities must be conducted in compliance with all applicable laws and regulations.

3. Lease Term

Option A: The lease term shall commence on [Lease Commencement Date] and expire on [Lease Expiration Date].

Option B: The lease term shall commence on [Lease Commencement Date] and expire on [Lease Expiration Date]. The rent commencement date is [Rent Commencement Date]. There is a [Number]-day build-out or rent abatement period.

Option A: Renewal Options: The Tenant shall have the option to renew this lease for [Number] additional term(s) of [Duration] each, provided the Tenant gives the Landlord written notice of its intention to renew at least [Number] months prior to the expiration of the then-current term. Renewed rent to be negotiated.

Option B: The tenant has no renewal option.

Early Termination: Tenant shall have the right to early termination due to [Conditions for Early Termination, e.g., loss of licenses, regulatory changes, or condemnation].

4. Rent

Option A: The Tenant shall pay to the Landlord a fixed monthly base rent of [Dollar Amount], payable in advance on the [Day] day of each month.

Option B: The Tenant shall pay to the Landlord a fixed monthly base rent of [Dollar Amount], payable in advance on the [Day] day of each month.

Option 1: The base rent shall increase by [Percentage]% annually on [Date].

Option 2: The base rent will be adjusted based on the Consumer Price Index (CPI) annually on [Date].

Option 3: The base rent will be adjusted based on Market Resets every [number] years.

Security Deposit: The Tenant shall deposit with the Landlord a security deposit of [Dollar Amount], which shall be held by the Landlord as security for the Tenant's performance of its obligations under this Agreement, and shall be returned in accordance with Montana law.

Percentage Rent: In addition to the base rent, the Tenant shall pay percentage rent equal to [Percentage]% of gross retail sales exceeding [Dollar Amount] annually. Gross sales excludes [Exclusions from Gross Sales]. The Landlord has the right to audit sales records upon providing [Number] days notice.

Payment Deadlines: Rent payments are due on the [Day] of each month. Payments received after [Number] days will incur a late fee of [Dollar Amount].

Payment Methods: Acceptable payment methods include [Acceptable Payment Methods, e.g., check, electronic transfer].

Bounced Check Fee: A fee of [Dollar Amount] will be charged for any bounced check.

5. Common Area Maintenance (CAM) / NNN Charges

Option A: The Tenant shall be responsible for paying its pro rata share of Common Area Maintenance (CAM) charges, including property taxes, insurance costs, snow removal (critical in Montana), utilities, and maintenance/repair of HVAC, plumbing, and fire suppression systems.

Option B: The Tenant shall be responsible for NNN charges, including property taxes, insurance costs, snow removal (critical in Montana), utilities, and maintenance/repair of HVAC, plumbing, and fire suppression systems.

The Landlord shall provide an annual accounting of CAM/NNN expenses.

The tenant's pro-rata share is calculated as [Method of Calculating Pro-Rata Share].

Landlord's Responsibilities: The Landlord is responsible for maintaining structural elements, roof, parking lot, and retail center common areas.

Tenant's Responsibilities: The Tenant is responsible for retail suite, storefront, and signage upkeep.

6. Tenant Improvements

All tenant improvements and fit-outs must be approved by the Landlord in writing.

All improvements must comply with Montana building, ADA, fire, and health codes.

Construction standards must meet [Construction Standard Details].

Restoration Requirements: Upon lease end, the Tenant shall [Restoration Requirements, e.g., remove all improvements and restore the Premises to its original condition].

7. Signage and Merchandising

All signage must comply with Montana-specific sign ordinances.

Exterior merchandising or sidewalk sales require prior written approval from the Landlord.

Window displays shall be maintained in a neat and professional manner.

Seasonal decorations are permitted with prior written approval from the Landlord.

8. Compliance with Laws

The Tenant shall comply with all applicable Montana sales/use tax laws, local business licensing, health regulations, and (if applicable) food, beverage, or special-purpose permits.

9. Insurance

The Tenant shall maintain comprehensive general liability insurance with minimum coverage of [Dollar Amount].

The Tenant shall maintain property insurance covering the Premises.

The Landlord shall be named as an additional insured on the Tenant's general liability policy.

Specific Endorsements Needed in Montana: The Tenant shall maintain [List of specific endorsements, e.g., liquor liability, dram shop, or product liability] if applicable.

10. Casualty and Damage

The Tenant shall report any property damage, casualty, or disaster to the Landlord immediately.

In case of major fire or natural disaster common to Montana (fire, flood, hail), the following procedures shall apply: [Procedures for rebuilding, rent abatement, or lease termination].

11. Subletting and Assignment

The Tenant shall not sublet or assign this lease without the Landlord's prior written consent, which shall not be unreasonably withheld, in accordance with Montana law.

12. Landlord's Right of Entry

The Landlord shall have the right to enter the Premises for reasonable purposes upon providing the Tenant with [Number] hours' notice, except in cases of emergency. Landlord may only enter during business hours.

13. Default and Remedies

If the Tenant defaults in the performance of any of its obligations under this Agreement, the Landlord shall provide written notice of default and a cure period of [Number] days.

If the Tenant fails to cure the default within the cure period, the Landlord may terminate the lease and pursue all available remedies under Montana law, including recovery of attorneys' fees authorized by Montana law.

Disposition of Abandoned Property: Any abandoned property shall be disposed of in accordance with Montana law.

14. Surrender of Premises

Upon lease expiration or termination, the Tenant shall surrender the Premises in the same condition as when received, reasonable wear and tear excepted.

The Tenant shall remove all trade fixtures and personal property.

The security deposit shall be returned and accounted for in accordance with Montana statutes.

15. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through negotiation and mediation prior to resorting to litigation.

Venue for any legal action shall be exclusively in Montana state courts.

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.

16. Landlord Disclosures

Option A: The Landlord discloses that the Premises [Does Not Have] any known environmental hazards, prior contamination, asbestos, or lead.

Option B: The Landlord discloses that the Premises [Has The Following]: [Description of any known environmental hazards, prior contamination, asbestos, or lead].

17. Retail Mall/Shopping Center Covenants

Option A: Exclusive Use Rights: The Tenant [Does Have] exclusive use rights for [Specific Exclusive Use] within the shopping center.

Option B: Prohibited Uses: The Tenant [Is Prohibited From] the following uses [List of Prohibited Uses].

Option C: Co-Tenancy Requirements: The lease shall automatically terminate or the base rent will be reduced to [Dollar Amount] if [Named Anchor Tenant] ceases to operate at the shopping center.

The tenant must participate in marketing funds or association advertising fees up to [Dollar Amount].

Reciprocal Easement Agreements: Subject to existing Reciprocal Easement Agreements (REAs), if any, of record.

18. Compliance with Montana Anti-Discrimination Laws

The Tenant shall comply with all applicable Montana anti-discrimination laws, including the Montana Human Rights Act.

19. Retail Industry Best Practices

The Tenant shall be allowed to install point-of-sale systems, security systems, and customer Wi-Fi.

The Tenant shall cooperate with local utility providers, recycling, or mandatory waste sorting programs as required by city/county ordinance.

20. Pandemic/Epidemic/Force Majeure Clause

In the event of a pandemic, epidemic, or other force majeure event, the parties' obligations under this Agreement shall be [Description of how such events affect rent, occupancy, and lease obligations].

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

[Landlord Name]

By: [Landlord Signature]

[Landlord Printed Name]

[Tenant Name]

By: [Tenant Signature]

[Tenant Printed Name]