North Dakota retail lease agreement template

North Dakota Retail Lease Agreement

This Retail Lease Agreement (the "Lease") is made and entered into as of this [Date], by and between [Landlord Name], whose address is [Landlord Address] ("Landlord"), and [Tenant Name], whose address is [Tenant Address] ("Tenant").

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the following described premises (the "Premises"):

• Option A: A retail space located at [Street Address], in the city of [City], county of [County], state of North Dakota, and legally described as: [Legal Description]. The Premises consists of approximately [Square Footage] square feet, with a store frontage of [Store Frontage] feet, and is unit number [Unit Number] located on the [Floor Location] floor.
• Option B: A designated area within the building located at [Street Address], in the city of [City], county of [County], state of North Dakota, as depicted on Exhibit A attached hereto, consisting of approximately [Square Footage] square feet.

The Premises includes the following shared areas: [Shared Areas Description].

The Premises includes the following exclusive areas: [Exclusive Areas Description].

The Tenant has the right to use [Number] parking spaces.

2. Use of Premises

The Tenant shall use the Premises solely for the purpose of:

• Option A: Retail sales of [Specific Merchandise].
• Option B: Providing [Specific Services].

The Tenant's hours of operation shall be: [Hours of Operation].

The Tenant shall not use the Premises for any of the following prohibited uses: [Prohibited Uses, e.g., Adult Business, Hazardous Materials].

Exclusive Use Protection:

• Option A: The Landlord agrees that the Tenant shall have the exclusive right to operate a [Type of Business] business within the shopping center commonly known as [Shopping Center Name].
• Option B: No Exclusive Use Protection

3. Compliance with Laws

The Tenant shall comply with all applicable zoning ordinances, building codes, and retail sales compliance regulations of the city of [City], county of [County], and the state of North Dakota.

The Tenant shall be responsible for complying with all state and local health, safety, signage, accessibility (including ADA and North Dakota Human Rights Act requirements), and fire codes.

The Landlord represents that the Premises is currently in compliance with all applicable laws and regulations related to the intended use.

4. Term and Renewal

The term of this Lease shall commence on [Start Date] and end on [End Date].

Renewal Rights:

• Option A: The Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each, provided that the Tenant gives the Landlord written notice of its intention to renew at least [Number] days prior to the expiration of the then-current term.
• Option B: No Renewal Rights

Early Termination:

• Option A: The Tenant may terminate this Lease early by providing [Number] days written notice to the Landlord and paying a termination fee of [Dollar Amount].
• Option B: No Early Termination Option

5. Rent

The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on [Start Date].

Payment Method:

• Option A: Rent shall be paid by check, payable to [Landlord Name], and mailed to [Landlord Address].
• Option B: Rent shall be paid by electronic funds transfer to the following account: [Bank Name, Account Number, Routing Number].

Rent Escalation:

• Option A: The base rent shall increase annually by [Percentage]%.
• Option B: The base rent shall be adjusted annually based on the Consumer Price Index (CPI).
• Option C: No Rent Escalation

Additional Rent (NNN Charges):

• Option A: In addition to the base rent, the Tenant shall pay its pro rata share of Triple Net (NNN) charges, including common area maintenance (CAM), property taxes, and insurance. The Tenant's pro rata share is [Percentage]% of the total NNN charges.
• Option B: The lease is a gross lease, and the base rent includes all CAM, property taxes, and insurance.
• Option C: The tenant will pay the amount of [Dollar Amount] per month for CAM, property taxes, and insurance in addition to the base rent.

Utilities:

• Option A: The Tenant shall be responsible for paying for all utilities used on the Premises, including but not limited to electricity, gas, water, and sewer.
• Option B: Landlord will pay for [List of Utilities] and the tenant will pay for all other utilities used on the Premises.

6. Security Deposit

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

The Landlord may use the security deposit to cover any damages to the Premises caused by the Tenant, any unpaid rent, or any other breach of this Lease by the Tenant.

The Landlord shall return the security deposit to the Tenant, less any deductions, within [Number] days after the Tenant vacates the Premises and surrenders possession in the required condition.

The security deposit shall/shall not (choose one) accrue interest. If it does accrue interest, the rate will be [Interest Rate].

7. Maintenance and Repairs

Landlord's Responsibilities: The Landlord shall be responsible for maintaining and repairing the roof, structure, and building systems of the Premises.

Tenant's Responsibilities: The Tenant shall be responsible for maintaining and repairing the store fixtures, signage, and retail window displays within the Premises.

Snow and Ice Removal:

• Option A: The Landlord shall be responsible for snow and ice removal from the common areas of the property.
• Option B: The Tenant shall be responsible for snow and ice removal from the area directly in front of the Premises.

Notice and Repair Timeframes: Any necessary repairs shall be reported to the responsible party in writing. The responsible party shall commence repairs within [Number] days of receiving notice and complete the repairs within a reasonable timeframe.

8. Tenant Improvements and Signage

The Tenant may make improvements to the Premises and install signage, subject to the Landlord's prior written approval.

All improvements and signage must comply with applicable city ordinances and shopping center design guidelines.

The Tenant shall be responsible for obtaining all necessary permits and approvals for any improvements or signage.

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

9. Assignment and Subletting

The Tenant shall not assign this Lease or sublet the Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld.

Any assignment or subletting shall be subject to all of the terms and conditions of this Lease.

10. Insurance

The Tenant shall maintain property and liability insurance with a reputable carrier, with coverage levels of at least [Dollar Amount] for property damage and [Dollar Amount] for liability.

The policy shall include a waiver of subrogation in favor of the Landlord and shall name the Landlord as an additional insured.

The Tenant shall provide the Landlord with proof of insurance upon request.

The Landlord shall maintain insurance on the building, including loss of rents coverage.

11. Default and Remedies

If the Tenant fails to pay rent when due or otherwise breaches this Lease, the Landlord may pursue any remedies available under North Dakota law, including eviction and recovery of damages.

Notice and Cure Periods: The Landlord shall provide the Tenant with written notice of any default and an opportunity to cure the default within [Number] days.

12. Landlord's Entry

The Landlord shall have the right to enter the Premises upon reasonable notice to the Tenant for the purpose of inspection, repair, or maintenance.

In the event of an emergency, the Landlord may enter the Premises without notice.

13. Quiet Enjoyment

The Landlord warrants that the Tenant shall have quiet enjoyment of the Premises during the term of this Lease, subject to the terms and conditions hereof.

14. Governing Law

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

The exclusive venue for any legal action arising out of or relating to this Lease shall be in the state or federal courts located in [County Name] County, North Dakota.

15. 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 or sent by certified mail, return receipt requested, to the addresses set forth above.

16. 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.

17. Severability

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

18. Amendment

This Lease may be amended only by a written instrument signed by both the Landlord and the Tenant.

19. North Dakota Specific Disclosures

The Landlord discloses that the property is/is not (choose one) located in a flood plain.

Environmental Disclosure:

• Option A: The Landlord discloses that there is/is not (choose one) known environmental contamination on the property. Details: [Details of Contamination, if applicable].
• Option B: The Landlord makes no representations regarding environmental contamination.

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

____________________________

[Landlord Name]

Landlord

____________________________

[Tenant Name]

Tenant