Nebraska warehouse lease agreement template

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How Nebraska warehouse lease agreement Differ from Other States

  1. Nebraska law requires warehouse leases to comply with specific agricultural storage regulations not common in other states.

  2. Eviction and default procedures in Nebraska are governed by unique state statutes, affecting tenant and landlord rights.

  3. Nebraska mandates disclosure of property tax responsibilities in commercial leases, impacting warehouse lease agreements specifically.

Frequently Asked Questions (FAQ)

  • Q: Is a written warehouse lease agreement required in Nebraska?

    A: While oral leases are valid, a written lease is strongly advised for enforceability and clarity of terms in Nebraska.

  • Q: Are there restrictions on warehouse use in Nebraska lease agreements?

    A: Yes, use restrictions must comply with state zoning and local agricultural storage laws, which should be specified in the lease.

  • Q: Who pays property taxes in a Nebraska warehouse lease?

    A: Property tax responsibility in Nebraska should be stated in the lease; commercial tenants may be required to pay these taxes.

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Nebraska 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 an address at [Landlord Address] (“Landlord”), and [Tenant Name], a [Tenant Entity Type], with an address at [Tenant Address] (“Tenant”).

1. Property Description

Option A: The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse space (the “Premises”) located at [Warehouse Address], legally described as [Legal Parcel Number and Property Description from Nebraska Property Records].

Option B: The Premises is a portion of the larger building located at the address above, as depicted on Exhibit A attached hereto.

The Premises consists of approximately [Square Footage] square feet. The Premises includes [Number] loading bays with dock height of [Dock Height] feet. The clear ceiling height of the Premises is [Ceiling Height] feet, and the floor load capacity is [Floor Load Capacity] pounds per square foot. Tenant shall have access to [Number] parking spaces and the following outdoor storage areas: [Description of Outdoor Storage Areas].

2. Use of Premises

Option A: The Premises shall be used solely for the purpose of [Permitted Use, e.g., warehouse, storage, distribution, light manufacturing], and for no other purpose. Tenant shall comply with all applicable Nebraska zoning, fire code, and local municipal ordinances.

Option B: Tenant shall not use the Premises for any of the following: [List of Prohibited Uses, e.g., retail sales, heavy manufacturing, hazardous materials storage].

Tenant shall not sublet the Premises or assign this Agreement without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Landlord approval is required for any new uses of the Premises.

3. Environmental Compliance

Option A: Tenant shall comply with all federal and Nebraska environmental laws, including but not limited to hazardous materials reporting, records retention, and clean-up procedures. Tenant shall indemnify Landlord from any environmental claims or liabilities arising from Tenant’s use of the Premises.

Option B: Landlord is responsible for all existing environmental conditions at the Premises. Tenant is responsible for any environmental conditions caused by Tenant's operations.

Landlord shall have the right to access the Premises for environmental inspections by Nebraska regulators.

4. Lease Term

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

Option B: 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 intention to renew at least [Number] days prior to the expiration of the then-current term.

Holdover: If Tenant remains in possession of the Premises after the expiration of the Lease term, such holdover shall be deemed a month-to-month tenancy, terminable by either party upon [Number] days’ written notice.

5. Rent

Option A: The base rent shall be [Dollar Amount] per square foot per year, payable in monthly installments of [Monthly Rent Amount], due on the [Day] day of each month.

Option B: The base rent shall be [Monthly Rent Amount] per month, due on the [Day] day of each month.

Rent shall be paid to Landlord at [Payment Address]. Late payments shall be subject to a late fee of [Late Fee Percentage]% or [Dollar Amount].

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], to be held in accordance with Nebraska law.

6. Operating Expenses

Option A: Tenant shall be responsible for paying its pro rata share of all operating expenses, including property taxes, insurance premiums, utilities, snow removal, trash removal, security, building systems maintenance, and property management fees. Landlord shall provide Tenant with documentation of such expenses. Tenant shall have the right to audit Landlord's expense statements.

Option B: Landlord shall be responsible for all operating expenses.

7. Maintenance and Repair

Option A: Landlord shall maintain and repair the roof, structure, and building envelope of the Premises. Tenant shall maintain and repair the interior of the Premises, including loading equipment.

Option B: Tenant shall be responsible for all maintenance and repairs to the Premises, including the roof, structure, and building envelope.

Standards for ordinary wear and tear will be defined as [Description of Standards].

8. Alterations and Improvements

Option A: Tenant shall not make any alterations or improvements to the Premises without Landlord’s prior written consent.

Option B: Tenant may make alterations and improvements to the Premises with Landlord’s prior written consent, which consent shall not be unreasonably withheld. All alterations and improvements shall be completed in compliance with Nebraska code and at Tenant's expense. Tenant shall indemnify Landlord from any liens arising from such work.

9. Insurance

Option A: Tenant shall maintain commercial general liability insurance, property damage insurance, business interruption insurance, and worker’s compensation insurance in amounts meeting Nebraska insurance standards. Landlord shall be named as an additional insured.

Option B: Landlord shall maintain property insurance and Tenant shall maintain commercial general liability insurance.

Certificates of insurance shall be provided to Landlord annually.

10. Fire Safety

Option A: Tenant shall comply with all Nebraska State Fire Marshal regulations. Tenant shall maintain the fire suppression system.

Option B: Landlord shall be responsible for maintaining the fire suppression system.

Reporting procedures for incidents will be defined as [Description of Procedures].

11. Utilities

Option A: Tenant shall be responsible for all utility services to the Premises, including water, electricity, gas, and sewer.

Option B: Utilities shall be metered separately. Landlord will bill the Tenant monthly based on usage.

Landlord shall have the right of access for utilities maintenance.

12. Parking and Security

Option A: Tenant shall comply with all parking rules and security protocols established by Landlord.

Option B: Tenant shall be responsible for providing its own security.

Truck and trailer parking rules will be defined as [Description of Rules].

13. Compliance with Laws

Tenant shall comply with all applicable laws, including OSHA and Nebraska workplace safety regulations. Tenant shall not store hazardous, flammable, or perishable goods without Landlord’s prior written approval and all necessary regulatory permits.

14. Governmental Access

Landlord shall have the right to access the Premises for inspections, showing, or repairs, with proper advance notice as required under Nebraska law.

15. Notices

All notices 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 a nationally recognized overnight courier service to the addresses set forth above.

16. Property Taxes

Option A: Landlord shall be responsible for paying all property taxes.

Option B: Tenant shall be responsible for paying its pro rata share of all property taxes.

Protest rights will be defined as [Description of Rights].

17. Liens

Tenant shall keep the Premises free from any liens arising out of work performed by or for Tenant.

18. Indemnification

Tenant shall indemnify and hold Landlord harmless from any claims, damages, or liabilities arising from Tenant’s use of the Premises.

19. Default and Remedies

If Tenant defaults under this Agreement, Landlord shall have all remedies available under Nebraska law, including the right to terminate the Lease and re-enter the Premises.

20. Dispute Resolution

Any dispute arising under this Agreement shall be resolved in the state courts located in [County Name] County, Nebraska. This Agreement shall be governed by the laws of the State of Nebraska.

21. Transfer of Property

In the event of a sale of the property, Landlord shall give Tenant [Number] days’ notice.

22. Move-Out

Upon termination of this Lease, Tenant shall remove all of its personal property from the Premises and return the Premises to Landlord in good condition, reasonable wear and tear excepted.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

24. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

25. Attorney Fees

In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs.

26. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

27. Electronic Execution

This Agreement may be executed and delivered electronically and upon such delivery shall be as binding as if original signatures were affixed hereto.

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

Landlord:

____________________________

[Landlord Name]

[Landlord Title]

Tenant:

____________________________

[Tenant Name]

[Tenant Title]

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