Oregon warehouse lease agreement template

Oregon Warehouse Lease Agreement

This Oregon Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord's Full Legal Name], whose registered address is [Landlord's Registered Address] and, if applicable, whose Oregon business ID is [Landlord's Oregon Business ID] (hereinafter "Landlord"), and [Tenant's Full Legal Name], whose registered address is [Tenant's Registered Address] and, if applicable, whose Oregon business ID is [Tenant's Oregon Business ID] (hereinafter "Tenant").

Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse premises (the "Premises") located at [Full Warehouse Property Address], County of [County], Oregon, Tax Lot Number [Tax Lot Number], and legally described as [Legal Description].

Option B: The Premises consist of approximately [Square Footage] square feet with a ceiling height of [Ceiling Height]. The Premises includes [Number] loading docks with the following specifications: [Loading Dock Specifications]. The Premises also includes [Description of Office/Showroom Components], [Description of Racking/Shelving Layout], and [Description of Yard or Outdoor Storage Rights, if any].

Access and Easements

Option A: Tenant shall have access to the Premises via [Description of Access Roads]. Tenant shall also have the following ingress/egress easements: [Description of Ingress/Egress Easements].

Option B: Shared areas include [Description of Shared Areas]. Fencing and security gates are located at [Location of Fencing and Security Gates]. Utilities access points are located at [Location of Utilities Access Points]. The location of the fire suppression system is [Location of Fire Suppression System].

Permitted Use

Option A: The Premises shall be used solely for the purposes of warehouse, distribution, light manufacturing, and ancillary activities, and for no other purpose.

Option B: Tenant shall comply with all applicable city/county zoning regulations, the Oregon State Building Code, the Oregon Fire Code, and DEQ environmental rules. Tenant is responsible for securing all necessary business occupancy and zoning permits. Residential use, retail sales to the public, and the storage of hazardous materials beyond legally permissible limits are strictly prohibited.

Lease Term

Option A: The initial term of this Lease shall be [Number] years, commencing on [Start Date] and ending on [End Date].

Option B: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term. Tenant will have right of first refusal on adjacent warehouse space [Description of adjacent warehouse space].

Rent and Security Deposit

Option A: The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month. Rent payments shall be made via [Rent Payment Method], including Oregon bank ACH options.

Option B: A security deposit in the amount of [Dollar Amount] shall be paid by Tenant to Landlord upon execution of this Lease. The security deposit may be used to cover damages to the Premises, unpaid rent, or other breaches of this Agreement. Late fees shall be assessed according to Oregon statutes, as [Late Fee Amount or Structure].

Operating Expenses (NNN or Modified Gross)

Option A (NNN): This is a triple net (NNN) lease. Tenant shall be responsible for all property taxes (referencing local assessment methods), insurance, utilities, and common area maintenance (CAM).

Option B (Modified Gross): This is a modified gross lease. Landlord shall be responsible for [List of Landlord Responsibilities]. Tenant shall be responsible for [List of Tenant Responsibilities]. All direct pass-throughs for capital improvements versus ordinary repairs must be pre-approved by [party].

Utilities

Option A: Tenant shall be responsible for all utilities, including water, power, sewer, garbage, stormwater, and internet. Tenant shall obtain separate utility accounts where available.

Option B: Landlord will provide utilities, however Tenant is responsible for [List of what Tenant is responsible for, e.g., paying for usage].

Maintenance and Repairs

Option A: Tenant shall be responsible for routine upkeep, janitorial services, pest control, dock doors, and warehousing equipment.

Option B: Landlord shall be responsible for structural repairs, roof repairs, foundation repairs, and code-related repairs. The warehouse floor shall be maintained to the following standards: [Floor Maintenance Standards]. The fire suppression system shall be maintained in compliance with [Fire Suppression System Compliance Standards]. The HVAC/ventilation system shall be maintained in compliance with [HVAC/Ventilation Compliance Standards]. Dock maintenance shall be performed according to [Dock Maintenance Standards].

Tenant Improvements

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

Option B: All tenant improvements, modifications, racking installations, signage, and equipment or machinery installations shall be subject to Landlord's written consent and must comply with all applicable codes and seismic safety requirements.

Hazardous Materials

Option A: Tenant shall not store, handle, or dispose of any hazardous materials on the Premises without Landlord's prior written consent and in compliance with all applicable Oregon DEQ, EPA, and local fire marshal regulations.

Option B: Tenant is responsible for environmental testing before move-in and after move-out, including Phase I environmental reports if warranted. Tenant shall indemnify Landlord for any contamination caused by Tenant.

Insurance

Option A: Tenant shall maintain commercial general liability insurance, warehouse operator's legal liability insurance, and fire and casualty insurance, naming Landlord as an additional insured as required under Oregon practices.

Option B: Landlord shall maintain hazard and property insurance. Both parties agree to a waiver of subrogation.

Security

Option A: Building and premises security policies include [Description of Security Policies, e.g., key/card access, hours of operation, procedures for truck/trailer parking].

Option B: Tenant shall comply with all applicable Oregon OSHA and workplace safety rules for warehouse workers.

Access and Inspection

Option A: Landlord shall have the right to access the Premises for inspection, repairs, or other legitimate purposes, with reasonable advance notice to Tenant, except in emergencies.

Option B: Access is also granted to Oregon regulatory agencies, municipal fire marshals, and utilities, with required advance notice and emergency exceptions.

Assignment and Sublease

Option A: Tenant shall not assign this Lease or sublease the Premises without Landlord's prior written consent, which shall not be unreasonably withheld as per ORS 91.245.

Option B: Carve-outs are [allowed/disallowed] by law or for related business entities.

Default and Remedies

Option A: If Tenant defaults on any provision of this Lease, Landlord shall have the right to pursue all available remedies, including but not limited to termination of the Lease, eviction, and recovery of damages.

Option B: Landlord's rights of entry and self-help are subject to Oregon commercial law. Provision and timelines for cure notices, lockout policies compliant with Oregon commercial law, right of re-entry, lien rights for rent recovery, and application of deposited funds follow Oregon’s legal process for abandoned property left by tenants (including required notices under ORS 87.687-87.740).

Move-In/Move-Out

Option A: A move-in and move-out inspection shall be conducted with documentation. A clear inventory of warehouse fixtures, racking, or equipment included in the lease shall be provided.

Option B: The Premises shall be returned in the condition it was in at the commencement of the Lease, reasonable wear and tear excepted. Security deposit release shall comply with Oregon law.

Taxes and Assessments

Option A: Tenant shall be responsible for the payment of property taxes [as per NNN or Modified Gross clauses above], local business license tax, and any Portland Clean Energy Surcharge or other local assessments if applicable.

Option B: All pass-through and disclosure mechanisms shall comply with local requirements.

Compliance with Laws

Option A: Both parties shall comply with all applicable Oregon anti-discrimination laws, ADA/public accommodation requirements, and any seismic safety disclosure for older warehouse properties, as required by local ordinances.

Option B: [Seismic safety disclosure attached/not required]

Governing Law and Dispute Resolution

Option A: This Lease shall be governed by and construed in accordance with the laws of the State of Oregon. The preferred venue shall be the county where the warehouse is located.

Option B: Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation, and then binding arbitration or litigation per Oregon statutes. The prevailing party shall be entitled to recover its attorney's fees and costs.

Disclosures

Option A: [Disclosure of any material defects, environmental issues, nearby contamination sites, and any existence of prior or pending government code enforcement actions].

Option B: Lead paint disclosure [attached/not required]. Floodplain notice [attached/not required]. Seismic risk assessment [attached/not required]. County approval letters [attached/not applicable].

Addenda

The following addenda are attached to and incorporated into this Lease:

• [List of Addenda]

Building Rules

All building rules and operational policies are incorporated by reference, are subject to change with notice, and Tenant is obligated to comply with agency, fire marshal, and city warehouse operations regulations as updated by Oregon authorities.

Digital Execution

This Lease may be executed in counterparts, including digital signatures, per Oregon Uniform Electronic Transactions Act (ORS chapter 84).

Data Privacy

If Tenant stores regulated or business-critical data onsite, Tenant shall implement safeguards for data privacy and retention.

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

Landlord:

____________________________

[Landlord's Signature]

[Landlord's Printed Name]

Tenant:

____________________________

[Tenant's Signature]

[Tenant's Printed Name]