New York warehouse lease agreement template

New York Warehouse Lease Agreement

This New York Warehouse Lease Agreement (the "Agreement") is made and entered into as of this [Date], by and between [Landlord Name], residing at [Landlord Address] ("Landlord"), and [Tenant Name], residing at [Tenant Address] ("Tenant").

1. Property Description

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse space (the "Premises") located at [Street Address], Block [Block Number], Lot [Lot Number], City of New York, State of New York, and legally described as follows: [Legal Description].

The Premises consists of approximately [Square Footage] square feet of gross area, including approximately [Usable Square Footage] square feet of usable warehouse space.

The Premises includes the following loading docks: [Number] loading docks of type [Loading Dock Type]. Loading bay numbers are [Loading Bay Numbers].

The ceiling height of the Premises is [Ceiling Height].

The Premises includes access to the following access points: [List of Access Points].

The Premises site layout is depicted in Exhibit A.

Option A: The Premises includes outdoor or yard space of approximately [Square Footage] square feet.

Option B: The Premises does not include any outdoor or yard space.

2. Access & Parking

The Premises has access to [Roadway Name].

The Premises has access to loading/unloading areas as depicted in Exhibit B.

The Premises includes [Number] vehicle parking spaces and [Number] trailer parking spaces.

Truck turnarounds are located as shown in Exhibit B.

Option A: The Tenant has exclusive use of the exterior storage/operation area as depicted in Exhibit C.

Option B: The Tenant has shared use of the exterior storage/operation area as depicted in Exhibit C.

Option C: The Tenant does not have access to any exterior storage/operation area.

3. Permitted Use

The Premises shall be used solely for the following purposes: [Permitted Uses: e.g., storage, distribution, light assembly, fulfillment, logistics].

The following activities are strictly prohibited: [Prohibited Activities: e.g., residential use, retail sales, hazardous/illegal activities].

Option A: The following types of goods or materials are allowed: [List of Allowed Goods/Materials].

Option B: The following types of goods or materials are prohibited: [List of Prohibited Goods/Materials].

4. Zoning and Compliance

The Premises is currently zoned [Zoning Designation: e.g., M1, M2, M3] under the New York City Zoning Resolution.

The Certificate of Occupancy number for the Premises is [Certificate of Occupancy Number].

Tenant shall comply with all regulations of the NYC Department of Buildings (DOB), local business licensing requirements, and Fire Department of New York (FDNY) regulations.

Tenant is responsible for maintaining all required permits and licenses and displaying them within the Premises.

Tenant is responsible for maintaining compliance with all current and future federal, state, city, and local laws, rules, and regulations, including but not limited to, the NYC Building Code, fire safety regulations, hazardous materials regulations, environmental regulations, and OSHA standards.

5. Lease 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: Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the Expiration Date.

The rent for each renewal term shall be [Rental Calculation].

Option B: No Renewal Option: This Lease does not contain a renewal option.

Holdover: If Tenant remains in possession of the Premises after the Expiration Date, such holdover shall be deemed a month-to-month tenancy, terminable by either party upon [Number] days' written notice, and the rent shall be increased to [Percentage]% of the then-current rent. Landlord retains all rights and remedies regarding holdover tenants pursuant to New York law.

6. Rent

The base rent for the Premises shall be [Dollar Amount] per square foot per year, payable in equal monthly installments of [Dollar Amount].

The monthly rent shall be due on the [Day] day of each month, commencing on the Commencement Date.

Option A: Escalation Clause: The base rent shall increase annually by [Percentage]%.

Option B: Escalation Clause: The base rent shall increase annually based on the Consumer Price Index (CPI) for the New York-Northern New Jersey-Long Island, NY-NJ-PA area.

Tenant shall be responsible for paying its pro rata share of any increases in operating expenses and real estate taxes. "Pro rata share" is defined as [Square Footage of Premise] / [Total Square Footage of Building].

Tenant shall be responsible for all applicable New York State and City taxes, including but not limited to New York State Commercial Rent Tax (if applicable based on location and rent amount).

7. Security Deposit

Tenant shall deposit with Landlord a security deposit of [Dollar Amount].

The security deposit shall be held by Landlord in an interest-bearing escrow account at [Bank Name], in compliance with New York General Obligations Law.

Landlord shall provide Tenant with annual statements regarding the interest earned on the security deposit.

The security deposit, less any deductions for damages or unpaid rent, shall be returned to Tenant within [Number] days after the termination of this Lease.

8. Late Payment

If Tenant fails to pay rent within [Number] days of the due date, Tenant shall pay a late payment penalty of [Dollar Amount or Percentage].

A returned check fee of [Dollar Amount] will be charged for any check returned for insufficient funds.

Rent Abatement: [Describe any rent abatement scenarios]

9. Utilities

Tenant shall be responsible for the following utilities: [List of Utilities: e.g., electric, water, gas, sewer, HVAC, internet, waste removal].

Option A: Utilities shall be separately metered.

Option B: Utilities shall be directly billed to Tenant.

Option C: Utilities shall be allocated based on Tenant's pro rata share of the building.

Tenant shall pay all utility bills within [Number] days of receipt.

10. Repairs and Maintenance

Landlord shall be responsible for the repair and maintenance of the following structural elements: roof, exterior walls, slab, and foundation.

Landlord shall be responsible for the repair and maintenance of the loading docks, doors, loading/lift equipment, fire suppression systems, HVAC, pest control, and snow and ice removal.

Tenant shall be responsible for keeping the non-structural, interior, and operating systems of the Premises in good condition and repair.

Landlord shall perform regular roof inspections and address any roof leaks promptly.

Maintenance schedules are detailed in Exhibit D.

11. Environmental Compliance

Tenant shall comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to the EPA, NYC DEP, and DEC regulations.

Tenant shall not store, handle, or dispose of any regulated substances on the Premises without Landlord's prior written consent.

Tenant shall immediately notify Landlord of any spills or environmental events on the Premises.

Tenant shall indemnify and hold Landlord harmless from any environmental liabilities arising from Tenant's use of the Premises.

Option A: Landlord has conducted an environmental assessment of the Premises, and the report is attached as Exhibit E.

Option B: Tenant shall be responsible for conducting an environmental assessment of the Premises prior to occupancy.

Option C: Landlord reserves the right to conduct periodic environmental testing of the Premises.

12. Access and Security

Tenant shall have access to the Premises [Hours of Operation].

After-hours access shall be granted via [Access Method].

The Premises is subject to the following security policies and procedures: [List of Security Policies].

Security cameras are located as depicted in Exhibit F.

The Premises is secured by [Fencing and Gates Description].

Access control is managed by [Access Control Description] for vehicles and personnel.

13. Signage

Tenant shall have the right to install signage on the Premises, subject to Landlord's approval and compliance with all applicable NYC rules and regulations.

The size, type, and location of signage shall be as follows: [Signage Specifications].

Tenant shall be responsible for obtaining all necessary permits for signage.

Tenant shall remove all signage at the termination of this Lease.

14. Right of Inspection

Landlord shall have the right to inspect the Premises upon [Number] hours' advance notice to Tenant.

In the event of an emergency, Landlord shall have the right to enter the Premises without notice.

15. Alterations and Improvements

Tenant shall not make any alterations or improvements to the Premises without Landlord's prior written approval.

All alterations and improvements shall be performed in compliance with all applicable NYC construction codes and permit procedures.

Option A: All alterations and improvements shall be performed by union labor.

Tenant shall provide Landlord with lien releases from all contractors performing work on the Premises.

Upon termination of this Lease, Tenant shall restore the Premises to its original condition, unless otherwise agreed in writing by Landlord.

Fixtures and trade equipment shall be handled as follows: [Fixture and Equipment Handling].

16. Loading Equipment and Racking Systems

Tenant is responsible for the installation, safety, and insurance coverage related to its loading equipment and racking systems, which include [List of Loading Equipment and Racking Systems].

These installations must comply with all applicable safety regulations and building codes.

17. Fire Protection

The Premises is equipped with a fire detection and suppression system that meets FDNY and NFPA standards.

Tenant shall comply with all applicable fire safety regulations and maintain the fire suppression system in good working order.

Landlord will ensure regular inspections and code compliance.

Tenant shall be responsible for any system upgrades necessitated by its use of the Premises.

18. Insurance

Tenant shall maintain the following insurance coverage: comprehensive general liability insurance, property insurance for contents/inventory, business interruption insurance, and legal liability insurance.

Landlord shall be named as an additional insured on Tenant's liability insurance policy.

Landlord shall maintain property casualty insurance on the building.

Both parties agree to a waiver of subrogation as required by New York law.

Required insurance coverage limits are detailed in Exhibit G.

19. Indemnification

Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, liabilities, and expenses arising from Tenant's use of the Premises, including but not limited to injury, wrongful acts, breaches of this Lease, environmental events, and the actions of Tenant's employees and contractors.

Landlord shall indemnify and hold Tenant harmless from any and all claims, damages, liabilities, and expenses arising from Landlord's gross negligence or willful misconduct.

Indemnification limits are subject to New York law.

20. Subleasing and Assignment

Option A: Tenant shall not sublease or assign this Lease without Landlord's prior written consent, which shall not be unreasonably withheld.

Option B: Tenant shall not sublease or assign this Lease without Landlord's prior written consent, which may be withheld for any reason.

Option C: Tenant shall have the right to sublease or assign this Lease with Landlord's prior written consent, and Landlord shall have the right of first refusal.

All subleases and assignments shall be subject to the terms and conditions of this Lease and in accordance with New York Real Property Law.

21. Default

The following shall constitute an event of default by Tenant: failure to pay rent when due; failure to comply with any other term or condition of this Lease; abandonment of the Premises.

Upon the occurrence of an event of default, Landlord shall give Tenant written notice of the default and [Number] days to cure the default.

If Tenant fails to cure the default within the cure period, Landlord shall have the right to terminate this Lease and pursue all available remedies under New York law, including but not limited to re-letting the Premises, locking out Tenant, and bringing legal action for damages.

Landlord's remedies shall be strictly in compliance with New York commercial eviction laws under Article 7 of the Real Property Actions and Proceedings Law (RPAPL).

Option A: The Guarantor, [Guarantor Name], guarantees the obligations of the Tenant, providing a “good-guy guaranty”.

Landlord may initiate summary proceedings for possession of the Premises.

22. Move-In and Move-Out

Prior to move-in, Landlord and Tenant shall conduct a walk-through of the Premises and document its condition.

Upon termination of this Lease, Tenant shall vacate the Premises and return it to Landlord in the same condition as it was at the commencement of this Lease, reasonable wear and tear excepted.

Tenant shall remove all personal property and debris from the Premises and leave it in a clean and broom-swept condition.

Any abandoned property shall be handled in accordance with New York law.

23. Return of Security Deposit

Landlord shall return the security deposit to Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent.

Landlord shall provide Tenant with an itemized list of any deductions from the security deposit.

The security deposit shall be returned with accrued interest, as required by New York General Obligations Law.

Any disputes regarding the security deposit shall be resolved in accordance with New York law.

24. Limitation of Liability

Landlord shall not be liable for any loss of or damage to Tenant's inventory or equipment, except to the extent caused by Landlord's gross negligence or willful misconduct.

Landlord makes no warranties, express or implied, with respect to the Premises.

Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to force majeure events.

25. Dispute Resolution

Any disputes arising under this Lease shall be resolved through negotiation and mediation.

If mediation is unsuccessful, the dispute shall be submitted to binding arbitration in New York.

The exclusive jurisdiction for any legal action arising under this Lease shall be in the state or federal courts located in New York.

This Lease shall be governed by and construed in accordance with the laws of the State of New York.

26. General Provisions

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

This Lease may be amended only by a writing signed by both parties.

All notices under this Lease shall be in writing and shall be deemed to have been duly given when sent by registered mail, hand delivery, or electronic mail.

27. Compliance with Laws

Tenant shall comply with all applicable anti-discrimination laws, accessibility laws (including the ADA), and workplace safety laws (including Local Law 26 and the PREP Act, if applicable).

Landlord shall comply with all applicable laws regarding the physical building.

28. Definitions

"Demised Premises" shall mean the warehouse space described in Section 1.

"Common Area" shall mean any areas of the building that are shared by all tenants.

"Bay" shall mean [Definition of Bay].

"Racking" shall mean [Definition of Racking].

"Mezzanine" shall mean [Definition of Mezzanine].

All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the main body of this Agreement.

Exhibits

Exhibit A: Premise Site Layout

Exhibit B: Access to Loading/Unloading Areas

Exhibit C: Exterior Storage/Operation Area

Exhibit D: Maintenance Schedules

Exhibit E: Environmental Assessment Report

Exhibit F: Security Camera Locations

Exhibit G: Required Insurance Coverage Limits

[Include any required union work rules, neighborhood-specific restrictions (e.g., truck traffic in outer boroughs), and compliance with local industrial business zone requirements as established by NYC or other municipalities.]

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

Landlord:

[Landlord Name]

By: [Landlord Signature]

Title: [Landlord Title]

Tenant:

[Tenant Name]

By: [Tenant Signature]

Title: [Tenant Title]