Montana warehouse lease agreement template

Montana Warehouse Lease Agreement

This Warehouse Lease Agreement (the “Agreement”) is made and entered into as of this [Date] by and between [Landlord Name], a [Landlord Entity Type], with its principal place of business at [Landlord Address] (hereinafter referred to as “Landlord”), and [Tenant Name], a [Tenant Entity Type], with its principal place of business at [Tenant Address] (hereinafter referred to as “Tenant”). If applicable, Landlord's Montana Registered Agent is [Agent Name] located at [Agent Address].

1. Premises

• The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse space (the “Premises”) located at [Warehouse Address], in [County Name] County, Montana, bearing parcel number [Parcel Number].
• The Premises are further described as the warehouse building and suite unit [Suite Number], if subdivided. The Premises consists of approximately [Total Square Footage] square feet.
• Ceiling height within the Premises is approximately [Ceiling Height] feet.
• The Premises include [Number] loading docks of type [Loading Dock Type] and [Number] overhead doors.
• Truck court access is [Description of Truck Court Access].
• Designated parking spaces for the Tenant are [Number] spaces located [Location of Parking Spaces].
• Yard or outdoor storage area (if any) is located at [Description of Outdoor Storage Area] and consists of approximately [Square Footage of Outdoor Storage Area] square feet.
• The Premises are equipped with a sprinkler/fire suppression system described as [Description of Fire Suppression System].
• Exclusive areas for the Tenant are [List of Exclusive Areas].
• Common areas include [List of Common Areas], including shared drive lanes or accessways.

2. Permitted Use

• The Premises shall be used solely for [Permitted Use Description - e.g., storage, distribution, light manufacturing]. Specifically, permitted uses include [Detailed List of Permitted Activities].
• Option A: The permitted use includes the storage of non-hazardous materials.
• Option B: The permitted use includes the storage of hazardous materials, subject to Tenant’s compliance with all applicable Montana and federal environmental laws.
• Prohibited uses include [List of Prohibited Activities].
• The Tenant shall comply with all applicable municipal zoning ordinances, state fire and building codes, and special warehouse regulations, including but not limited to regulations pertaining to [List of Relevant Regulations, e.g., food storage, chemical storage].

3. Term

• The term of this Lease shall commence on [Commencement Date] and expire on [Expiration Date].
• Option A: Early access to the Premises for Tenant's fit-out is permitted commencing on [Early Access Date].
• Option B: Early access is not permitted.
• Holdover: Any holding over by Tenant beyond the expiration date shall be treated as a tenancy at will, subject to a rental rate of [Percentage]% of the then-current monthly rent.
• Renewal: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the then-current term. The rental rate for any renewal term shall be [Rental Rate Calculation for Renewal Term].
• Expansion/Contraction:
  • Option A: Tenant shall have the right to expand the Premises to include [Description of Additional Space] subject to availability and negotiation of mutually agreeable terms.
  • Option B: Tenant shall not have any expansion rights.
  • Option C: Tenant shall have the right to contract the Premises to remove [Description of Removed Space] subject to Landlord's approval and negotiation of mutually agreeable terms.
• Commencement Date Documentation: The Commencement Date shall be documented via a certificate of possession, with its delivery acknowledged by both parties.

4. Rent

• The initial base rent shall be [Dollar Amount] per month.
• The base rent is calculated at [Dollar Amount] per square foot per [Month/Year].
• Option A: The base rent shall be adjusted annually based on the Consumer Price Index (CPI).
• Option B: The base rent shall be adjusted annually by [Percentage]%.
• The security deposit shall be [Dollar Amount] in the form of [Cash/Bond/Letter of Credit].
• Rent is due on the [Day] of each month, payable to [Payee Name] at [Payment Address] via [Acceptable Payment Methods].
• Late Charge: Any rent payment received more than [Number] days after the due date shall be subject to a late charge of [Dollar Amount or Percentage], in accordance with Montana commercial practices.
• Returned Payment Fee: A fee of [Dollar Amount] shall be charged for any returned payment.
• Rent for any partial month shall be prorated based on the number of days in the month.

5. Additional Rent (NNN Expenses)

• Tenant shall pay, as additional rent, its pro rata share of NNN expenses, which include property taxes, insurance, and maintenance/CAM.
• Tenant's pro rata share is [Percentage]%.
• Specific allocation of snow removal is the responsibility of [Landlord/Tenant].
• Specific allocation of outdoor/yard maintenance is the responsibility of [Landlord/Tenant].
• Tenant shall be responsible for Montana-specific real estate taxes, including personal property tax, if applicable, on Tenant’s equipment and inventory.
• Utility services responsibility:
  • Water and sewer: [Landlord/Tenant]
  • Heating: [Landlord/Tenant]
  • Electricity: [Landlord/Tenant]
  • Trash: [Landlord/Tenant]
  • Broadband or telecommunication access points: [Landlord/Tenant]
• Allocation of metered versus shared usage: [Description of Metering and Allocation].
• [Landlord/Tenant] shall contract for and pay for all utilities.

6. Tenant Fit-Out/Warehouse Improvements

• Tenant shall obtain Landlord's prior written approval for any fit-out or warehouse improvements.
• Permitted modifications include [List of Permitted Modifications, e.g., dock levelers, racking, office buildout].
• All improvements shall be performed in accordance with all applicable codes and regulations.
• Option A: Tenant shall restore the Premises to its original condition at the end of the term, unless otherwise agreed in writing.
• Option B: Tenant shall not be required to restore the Premises to its original condition.
• Tenant shall provide Landlord with lien waivers from all contractors, as required under Montana contractor laws.
• Landlord's approval shall not be unreasonably withheld for lawful warehouse-specific adaptations.

7. Repair and Maintenance

• Landlord's structural obligations include maintaining the roof, exterior walls, foundation, fire protection systems, and grading/pavement.
• Tenant shall maintain the interior of the Premises, including mechanicals, equipment, dock/apron areas, and pest control.
• Tenant shall report any needed repairs to Landlord promptly.
• Both parties shall adhere to Montana’s “prudent landlord/tenant” standards regarding maintenance and repair.

8. Signage

• Tenant may install signage subject to local ordinances and Landlord's policies.
• Exterior signage is permitted at [Location].
• Yard signage is permitted at [Location].
• On-door signage is permitted.
• Restrictions: Hazardous signage or displays are prohibited.

9. Subleasing and Assignment

• Tenant shall not sublease, license, or assign this Lease without Landlord's prior written consent.
• Landlord's consent shall not be unreasonably withheld, consistent with Montana's “commercially reasonable” doctrine.
• Tenant shall provide Landlord with notice of any proposed sublease or assignment, along with all relevant documentation.

10. Environmental Compliance

• Tenant shall comply with all applicable Montana and federal environmental and hazardous material laws, including those related to hazardous waste storage, spill response, and reporting.
• Tenant shall indemnify Landlord for any environmental liability arising from Tenant’s use of the Premises.
• Tenant shall disclose any prior or current hazardous materials on the Premises.
• Tenant shall provide Material Safety Data Sheets (MSDS) for all hazardous materials stored on the Premises.
• Landlord shall have the right to inspect the Premises for environmental risk.

11. Fire and Life Safety

• Tenant shall comply with all applicable local fire codes, storage height restrictions, and annual inspection obligations.
• Tenant shall maintain unobstructed access to fire aisles, hydrants, exits, alarm and sprinkler systems.
• Tenant shall report any fire or safety code violations to Landlord immediately.

12. Insurance

• Tenant shall maintain minimum property and liability coverage of [Dollar Amount].
• Landlord shall maintain minimum property and liability coverage of [Dollar Amount].
• Both parties shall name the other as an additional insured, as required by Montana statute.
• Tenant shall provide Landlord with proof of insurance coverage.
• Option A: The parties agree to a waiver of subrogation.
• Option B: The parties do not agree to a waiver of subrogation.
• Risk of loss for stored inventory and personal property shall be borne by [Landlord/Tenant/Determined by Insurance].

13. Indemnity and Limitation of Liability

• Tenant shall indemnify Landlord against any claims arising from Tenant’s use of the Premises, including injury in common truck courts, loading/unloading accidents, spills, or theft, to the extent permitted by law.
• Landlord shall not be liable for [Specify Limitations of Liability].

14. Access and Inspection

• Landlord shall have the right to access the Premises for repairs, emergencies, and code compliance, with reasonable notice to Tenant, except in cases of emergency, pursuant to Montana law.
• Reasonable notice shall be defined as [Number] hours.

15. Force Majeure

• Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to force majeure events, including fire, flood, blizzard, or wildfire, as defined under Montana law.
• Force majeure events include [List Additional Force Majeure Events].

16. Security

• Security protocols include [Description of Security Measures, e.g., perimeter fencing, alarm systems, access control, cameras].
• Landlord shall retain keys to the Premises for emergency access, and Tenant will be notified immediately in such cases.

17. Default and Remedies

• Events of default include failure to pay rent, failure to comply with the terms of this Lease, and abandonment of the Premises.
• Tenant shall have [Number] days to cure any default.
• Landlord shall have the right to re-enter and relet the Premises upon Tenant's default, subject to Montana law.
• Option A: Upon Tenant's default, Landlord may accelerate rent for the remaining term of the Lease.
• Option B: Upon Tenant's default, Landlord may not accelerate rent for the remaining term of the Lease.
• Landlord shall provide Tenant with written notice of any default, in accordance with Montana statutes.

18. Return of Possession

• Upon termination of this Lease, Tenant shall return the Premises in broom-clean condition, free of all Tenant’s personal property.
• Tenant shall remove all equipment and racking from the Premises.
• Tenant shall repair any damage to the Premises, especially to dock doors, pads, and pavement.
• Any property or inventory remaining on the Premises after the termination date shall be deemed abandoned and may be disposed of by Landlord at Tenant’s expense.
• Landlord shall return the security deposit to Tenant within [Number] days after the termination date, subject to deductions for damages or unpaid rent, in compliance with Montana law.

19. Dispute Resolution

• The parties shall attempt to resolve any disputes through good faith negotiation.
• Option A: If negotiation fails, the parties shall submit to mediation in [City, Montana].
• Option B: If negotiation fails, the parties shall submit to binding arbitration in [City, Montana].
• Option C: If negotiation fails, either party may bring an action in the District Court of [County Name] County, Montana.
• This Agreement shall be governed by the laws of the State of Montana.
• The prevailing party in any dispute shall be entitled to recover its reasonable attorney fees and costs.

20. Estoppel Certificates and SNDA

• Tenant shall execute an estoppel certificate within [Number] days of Landlord’s request.
• This Lease is subject and subordinate to any existing or future mortgage on the property. Landlord shall provide a Subordination, Non-Disturbance, and Attornment Agreement (SNDA) from its lender, if required.

21. Disclosure and Notices

• Landlord shall provide all disclosures required by Montana law for commercial leases.
• All notices required or permitted under this Lease shall be in writing and delivered by [Mail/Email/Personal Delivery] to the addresses listed above.
• Landlord shall register the business/address/warehouse use with Montana authorities, if required.

22. COVID-19/Public Health

• [Include any COVID-19 or public health-related provisions applicable to warehousing, consistent with Montana law. This could include clauses regarding quarantine of stock or access limitations.]

23. Compliance with Laws

• Both parties shall comply with the Montana Human Rights Act, ADA requirements as modified for commercial property, and any state-specific accessibility, health, or safety standards.

24. Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
• Any waiver or amendment to this Agreement must be in writing and signed by both parties.
• The provisions of this Agreement relating to indemnity, environmental compliance, and dispute resolution shall survive the termination of this Lease.

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

Landlord:

____________________________

[Landlord Name]

____________________________

[Landlord Signature]

Tenant:

____________________________

[Tenant Name]

____________________________

[Tenant Signature]