Nebraska retail lease agreement template

Nebraska Retail Lease Agreement

This Nebraska Retail Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between:

• [Landlord Name], a [Landlord Entity Type, e.g., Nebraska LLC], with a principal place of business at [Landlord Address] ("Landlord"), and represented by [Landlord Representative Name], [Landlord Representative Title], and contactable at [Landlord Phone] and [Landlord Email].
• [Tenant Name], a [Tenant Entity Type, e.g., Nebraska Corporation], with a principal place of business at [Tenant Address] ("Tenant"), and represented by [Tenant Representative Name], [Tenant Representative Title], and contactable at [Tenant Phone] and [Tenant Email].

1. Premises

• The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the following premises (the "Premises"):
  • Option A: Specific Address The real property located at [Street Address], [City], Nebraska, [Zip Code], legally described as [Legal Property Description].
  • Option B: Retail Center/Mall Suite number [Suite Number] in the [Retail Center/Mall Name] located at [Street Address], [City], Nebraska, [Zip Code].
    • Usable Square Footage: [Usable Square Footage]
    • Rentable Square Footage: [Rentable Square Footage]
    • Storefront Location: [Description of Storefront Location, e.g., End-cap, Interior Unit]
    • Configuration of the Leased Premises: [Description, e.g., Open floor plan with one restroom]
    • Designated Tenant Signage Areas: [Description of Signage Areas]
    • Exclusive-Use Common Areas: [Description of Exclusive-Use Common Areas, e.g., Outdoor seating area]
    • Non-Exclusive Common Areas: [Description of Non-Exclusive Common Areas, e.g., Parking, Loading Zones, Restrooms]

2. Use of Premises

• The Premises shall be used and occupied solely for the following retail purposes:
  • Option A: Specific Retail Use The operation of a [Specific Business Type, e.g., Clothing Boutique] selling [Merchandise Categories, e.g., Women's apparel and accessories].
  • Option B: General Retail Use General retail sales, provided that such use complies with all applicable Nebraska state and local laws, ordinances, and regulations.
    • Prohibited Uses: [List of Prohibited Uses, e.g., Adult Entertainment, Cannabis Sales]
    • Hours of Operation: [Specific Hours of Operation, e.g., Monday-Saturday 10:00 AM to 9:00 PM, Sunday 12:00 PM to 6:00 PM]
    • Compliance with Nebraska State and Local Zoning Requirements: The Tenant shall comply with all Nebraska state and local zoning requirements.

3. Term

• The term of this Lease shall commence on [Commencement Date] (the "Commencement Date") and shall expire on [Expiration Date] (the "Expiration Date"), unless sooner terminated as provided herein.
  • Option A: Delivery of Possession Landlord shall deliver possession of the Premises to Tenant on or before the Commencement Date. If Landlord fails to deliver possession by such date, Tenant shall have the right to terminate this Lease.
  • Option B: Tenant Fixturization Period Tenant shall have a [Number] day fixturization period commencing on [Date] during which rent shall be abated.
    • Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each.
      • To exercise this option, Tenant must give Landlord written notice at least [Number] days prior to the Expiration Date.
      • Rent for the renewal term shall be determined based on the then-current fair market rental value for comparable retail space in the [Relevant Geographic Area in Nebraska], as determined by [Method of Determining Fair Market Value, e.g., Appraisal].
    • Early Termination:
      • Option A: Mutual Termination This Lease may be terminated by mutual written agreement of the Landlord and Tenant.
      • Option B: Break Fee Tenant may terminate this Lease prior to the Expiration Date by paying a break fee equal to [Number] months of Base Rent.

4. Rent

• Tenant shall pay Landlord rent for the Premises as follows:
  • Base Rent: [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], which is equivalent to [Dollar Amount] per square foot.
    • Rent Commencement Date: [Rent Commencement Date]
    • Percentage Rent: In addition to Base Rent, Tenant shall pay Landlord percentage rent equal to [Percentage]% of Tenant’s Gross Sales exceeding [Dollar Amount] per year.
      • Gross Sales Definition: "Gross Sales" shall mean the total gross receipts from all sales of merchandise and services at the Premises, less only returns and allowances. Nebraska sales tax is specifically excluded.
      • Annual Increases: Base Rent shall increase annually on each anniversary of the Commencement Date by [Percentage]% or according to the Consumer Price Index (CPI) for [Specific CPI, e.g., All Urban Consumers, Omaha-Council Bluffs, NE-IA], whichever is greater.
      • Percentage Rent Reconciliation: Tenant shall provide Landlord with a statement of Gross Sales within [Number] days after the end of each calendar year, certified by Tenant, and shall pay any percentage rent due at that time.
    • Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount].
      • The security deposit shall be held by Landlord in accordance with Nebraska law and shall be returned to Tenant within [Number] days after the termination of this Lease, less any deductions for damages to the Premises or unpaid rent.
    • Payment: Rent shall be payable in [Acceptable Payment Forms, e.g., Check, Electronic Funds Transfer] to Landlord at [Payment Address].
    • Late Charges: If any installment of rent is not paid within [Number] days after its due date, Tenant shall pay a late charge of [Dollar Amount] or [Percentage]% of the overdue amount, whichever is greater, subject to any statutory limits under Nebraska law.
    • Returned Check Fee: Tenant shall pay a fee of [Dollar Amount] for any check returned for insufficient funds.
    • Real Estate Taxes: Tenant shall pay its proportionate share of real estate taxes assessed against the property.
      • Tenant's Share: Tenant's proportionate share shall be [Percentage]% of the total real estate taxes.

5. Operating Expenses

• Tenant shall be responsible for the following operating expenses:
  • Option A: CAM Charges Tenant shall pay its proportionate share of Common Area Maintenance (CAM) charges, which shall include, but not be limited to, costs for maintaining the common areas, utilities, landscaping, security, and administrative fees.
    • Tenant's Share of CAM: Tenant's proportionate share of CAM charges shall be [Percentage]% of the total CAM charges.
    • Annual Budget: Landlord shall provide Tenant with an annual budget of estimated CAM charges.
    • Reconciliation: Landlord shall provide Tenant with a reconciliation of actual CAM charges within [Number] days after the end of each calendar year. Tenant shall have the right to audit Landlord’s CAM records.
  • Option B: Utilities Tenant shall be directly responsible for the payment of all utilities serving the Premises, including, but not limited to, electricity, water, trash, sewer, gas, HVAC, and internet/wifi.

6. Tenant Improvements

• Any tenant improvements to the Premises shall be subject to the following:
  • Landlord Approval: All plans and specifications for any tenant improvements must be submitted to Landlord for approval prior to commencement of any work. Landlord's approval shall not be unreasonably withheld.
  • Permits: Tenant shall be responsible for obtaining all necessary permits and licenses for any tenant improvements.
  • Lien Waivers: Tenant shall provide Landlord with lien waivers from all contractors and subcontractors performing work on the Premises.
  • Code Compliance: All tenant improvements shall comply with all applicable building codes and regulations, including ADA requirements for public accommodations in Nebraska.
  • Restoration: At the expiration or termination of this Lease, Tenant shall, at its expense, remove all tenant improvements and restore the Premises to its original condition, reasonable wear and tear excepted.

7. Repair and Maintenance

• The parties shall be responsible for the repair and maintenance of the Premises as follows:
  • Tenant's Obligations: Tenant shall be responsible for the repair and maintenance of the interior of the Premises, including, but not limited to, routine cleaning, interior repairs, lighting, plate glass, fixtures, and point-of-sale systems. Tenant is also responsible for specific retail installations like walk-in coolers or shelving.
  • Landlord's Obligations: Landlord shall be responsible for the repair and maintenance of the roof, structure, exterior, HVAC, parking lot, and utilities up to the demising wall.
    • Response Time: Landlord shall use commercially reasonable efforts to respond to any repair requests from Tenant within [Number] hours and shall complete any necessary repairs within a reasonable time.

8. Insurance

• Tenant shall maintain the following insurance coverage:
  • Commercial General Liability Insurance: Tenant shall maintain commercial general liability insurance with minimum policy limits of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, naming Landlord and its property manager as additional insureds.
  • Property Insurance: Tenant shall maintain property insurance on Tenant’s inventory and leasehold improvements.
  • Worker's Compensation Insurance: Tenant shall maintain worker's compensation insurance as required by Nebraska law.
  • Proof of Coverage: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage prior to the Commencement Date and upon each renewal of the policies.
  • Subrogation Waiver: Tenant waives all rights of subrogation against Landlord.

9. Assignment and Subletting

• Tenant shall not assign this Lease or sublet the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld.
  • Conditions for Consent: Landlord's consent to an assignment or subletting may be conditioned upon the assignee or subtenant meeting Landlord's reasonable financial and operational criteria.
  • Replacement Tenant Restrictions: The assignee or subtenant must comply with all merchandise category restrictions in the retail center.
  • Compliance with Nebraska Commercial Transfer Statutes: All assignments and sublettings must comply with applicable Nebraska commercial transfer statutes and consumer protection considerations.

10. Default

• The occurrence of any of the following shall constitute a default by Tenant under this Lease:
  • Failure to pay rent or other charges when due.
  • Failure to comply with any other term or condition of this Lease.
  • Insolvency or bankruptcy of Tenant.
  • Landlord's Remedies: Upon the occurrence of a default by Tenant, Landlord shall have the right to pursue all remedies available under Nebraska law, including, but not limited to, termination of this Lease, eviction of Tenant, and recovery of all rent and other damages.
    • Cure Period: Tenant shall have a cure period of [Number] days after written notice from Landlord to cure any default, except for the failure to pay rent, in which case the cure period shall be [Number] days.
    • Nebraska Statutory Constraints: Landlord’s remedies, including lockout/self-help, are subject to limitations under Nebraska statutory law.

11. Governing Law

• This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. Venue for any legal action arising out of this Lease shall be in [County Name] County, Nebraska.

12. Notices

• All notices required or permitted 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 email (if agreed) to the addresses set forth in the introductory paragraph of this Lease.

13. 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.

14. Force Majeure

• Neither party shall be liable for any failure to perform its obligations under this Lease if such failure is caused by an event of force majeure, including, but not limited to, acts of God, war, terrorism, strikes, lockouts, riots, fire, flood, earthquake, or other casualty, retail supply interruptions, state-mandated business restrictions, or public health emergencies as relevant to Nebraska. Rent obligations during closure periods due to force majeure will be [Specify Rent Obligations, e.g., Abated, Reduced by X% ].

15. Attachments

• The following attachments are incorporated into and made a part of this Lease:
  • Exhibit A: Floor Plan of Premises
  • Exhibit B: Rules and Regulations
  • Exhibit C: Signage Criteria
  • Exhibit D: Hazardous Materials Disclosures
  • Exhibit E: Tenant Improvement Work Letter

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

[Landlord Name]

By: [Landlord Representative Name]

Title: [Landlord Representative Title]

[Tenant Name]

By: [Tenant Representative Name]

Title: [Tenant Representative Title]