South Carolina warehouse lease agreement template

South Carolina Warehouse Lease Agreement

This South Carolina 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. Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises located at [Warehouse Address] in [City, County, South Carolina] and further identified as parcel number [Parcel Number] (the "Premises").

The Premises consist of approximately [Square Footage] square feet of warehouse space with a ceiling height of [Ceiling Height], [Number] loading docks/doors, [Describe Office Area, if any], [Describe Mezzanine or Storage Racking, if any], [Number] designated parking areas, and [Describe Yard/Maneuvering Zones].

Access:

• Option A: Tenant shall have exclusive access to the Premises.
• Option B: Tenant shall share access to the [Driveways/Truck Courts/Railroad Spurs] with other tenants.

2. Use

The Premises shall be used solely for warehouse, storage, and distribution purposes.

Permitted Ancillary Uses:

• Option A: Light manufacturing and assembly.
• Option B: Office space.
• Option C: None.

The Tenant shall not use the Premises for any purpose other than that stated above, nor shall the Tenant use the Premises in any manner that violates any applicable zoning ordinance, use permit, or City/County regulation of South Carolina. Tenant shall not store or use any hazardous materials on the Premises without Landlord's prior written consent and compliance with all applicable laws and regulations, including South Carolina Department of Health and Environmental Control (DHEC) regulations.

3. Term

The term of this Lease shall commence on [Start Date] (the “Commencement Date”) and shall expire on [End Date] (the "Expiration Date").

Renewal Options:

• Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the Expiration Date.
• Option B: No renewal option.

Early Termination:

• Option A: Tenant shall have the right to terminate this Lease early by providing Landlord with [Number] months written notice and paying a termination fee equal to [Amount].
• Option B: No early termination.

4. Rent

The monthly base rent shall be [Dollar Amount], payable in advance on the [Day] day of each month, beginning on the Commencement Date.

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 escalation.

Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held in an escrow account in accordance with South Carolina law.

Additional Rent: In addition to the base rent, Tenant shall pay [Dollar Amount] per month for common area maintenance (CAM), taxes, and property insurance.

5. Utilities

Tenant Responsibility:

• Option A: Tenant shall be responsible for all utilities, including electricity, gas, water/sewer, and telecommunications. Tenant shall be responsible for HVAC maintenance and pest control.
• Option B: Landlord shall provide [Specify Utilities], and Tenant shall be responsible for [Specify Utilities].

Meter Installation: Tenant is responsible for the installation of all necessary meters for utilities.

6. Taxes

Real Estate Taxes:

• Option A: Landlord shall be responsible for the payment of all real estate taxes.
• Option B: Tenant shall be responsible for a pro-rata share of real estate taxes.

Business Personal Property Taxes: Tenant shall be responsible for the payment of all business personal property taxes.

7. Maintenance and Repair

Landlord's Responsibilities: The Landlord shall maintain and repair the structural elements of the Premises, including the roof, foundation, exterior walls, and major building systems (fire suppression, dock levellers).

Tenant's Responsibilities: The Tenant shall be responsible for routine maintenance, janitorial services, interior repairs, doors, lighting, racking, and cleaning of loading docks.

8. Tenant Improvements

Any tenant improvements must be approved by the Landlord in writing and must comply with the South Carolina Uniform Building Code.

Alterations: Tenant shall obtain all necessary permits required by South Carolina law.

Restoration:

• Option A: Tenant will be obligated to remove all alterations/improvements and restore the Premises to its original condition upon lease termination.
• Option B: Any alterations/improvements will become the property of the Landlord at lease termination.

9. Insurance

Tenant's Insurance: Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount], naming Landlord as an additional insured, as well as property and casualty coverage for contents, business interruption insurance, and compliance with South Carolina workers’ compensation laws. Tenant shall provide proof of insurance to Landlord.

Landlord's Insurance: Landlord shall maintain building and casualty insurance.

10. Casualty

In the event of fire, disaster, or other casualty, the Landlord shall promptly repair the Premises, subject to insurance claim protocols.

Rent Abatement: Rent shall be abated during any period of unusability.

Termination:

• Option A: If the Premises are substantially destroyed, either party may terminate this Lease.
• Option B: If repairs cannot be completed within [Number] days, either party may terminate this Lease.

11. Security

The Tenant shall comply with all OSHA-compliant safety protocols and South Carolina Department of Health and Environmental Control (DHEC) regulations regarding hazardous material storage.

The Tenant shall be responsible for complying with fire code inspections, sprinkler certifications, and environmental due diligence (Phase I/II assessments if required).

12. Subleasing and Assignment

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

13. Delivery of Possession

The Landlord shall deliver possession of the Premises to the Tenant on the Commencement Date.

Acceptance: Tenant's taking possession of the Premises constitutes acceptance of its condition. A written/photographic condition report is attached as Exhibit [Exhibit Letter].

14. Surrender

Upon termination of this Lease, the Tenant shall surrender the Premises in good condition, broom clean, and free of all Tenant's property.

Abandoned Assets: Any property left by the Tenant after the termination of this Lease shall be considered abandoned and may be disposed of by the Landlord in accordance with South Carolina commercial landlord-tenant law.

Inspection: The Landlord shall inspect the Premises within [Number] days of the Expiration Date and release the security deposit in accordance with South Carolina law.

15. Liens

Tenant acknowledges that its assets may be subject to Landlord’s statutory warehousemen’s lien under South Carolina law (S.C. Code Ann. § 29-15-10).

16. Default

In the event of default by the Tenant, the Landlord shall have the right to terminate this Lease, accelerate rent, and pursue all other available remedies under South Carolina law.

17. Compliance with Laws

The Tenant and Landlord shall comply with all applicable South Carolina state and local statutes, health, building, fire, and environmental regulations.

18. Indemnification

The Tenant shall indemnify and hold the Landlord harmless from any and all claims, damages, liabilities, and expenses arising from the Tenant's use of the Premises.

19. Landlord's Access

The Landlord shall have the right to enter the Premises for inspections, repairs, or showing to prospective tenants or buyers, with reasonable notice to the Tenant as permissible under South Carolina commercial practice.

20. Signage

The Tenant shall not erect any signage without the Landlord's prior written consent and compliance with all applicable local government permits.

21. Governing Law

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

Venue: Any legal action arising out of this Lease shall be brought in the county court of [County Name] County, South Carolina.

Dispute Resolution:

• Option A: The parties agree to attempt mediation before initiating any legal action.
• Option B: The parties agree to binding arbitration.

22. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, hurricanes, and floods.

23. Flood Zone Disclosure

[ ] The Premises is located within a flood zone. [ ] The Premises is not located in a flood zone. Tenant acknowledges their own responsibility to determine the risk of flooding, and to obtain appropriate insurance if needed.

24. Warehouse Operations

Tenant shall comply with all safety standards relating to forklift operations, pallet handling, and hazardous material disposal.

25. Entire Agreement

This Lease constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and understandings.

Amendment: This Lease may be amended only by a written instrument signed by both parties.

26. Exhibits

• Exhibit A: Property Site Plan
• Exhibit B: Warehouse Condition Report
• Exhibit C: Building Rules
• Exhibit D: Warehouse Operating Standards
• Exhibit E: Required Compliance Certificates

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

[Landlord Name]

By: [Landlord Signature]

[Tenant Name]

By: [Tenant Signature]