South Dakota warehouse lease agreement template

South Dakota Warehouse Lease Agreement

This South Dakota Warehouse Lease Agreement ("Agreement") is made and entered into as of [Date] by and between [Landlord's Full Legal Name], a [Entity Type, e.g., South Dakota Corporation], with a principal place of business at [Landlord's South Dakota Address] ("Landlord"), and [Tenant's Full Legal Name], a [Entity Type, e.g., South Dakota LLC], with a principal place of business at [Tenant's South Dakota Address] ("Tenant"). Landlord's Registered Agent is [Registered Agent Name], located at [Registered Agent Address] if applicable. Tenant's Registered Agent is [Registered Agent Name], located at [Registered Agent Address] if applicable.

1. Leased Premises

Option A: Landlord leases to Tenant, and Tenant leases from Landlord, the warehouse premises located at [Street Address], [City], South Dakota, [Zip Code], legally described as [Legal Description] (the "Premises"). The Premises consist of approximately [Square Footage] square feet, located in Building [Building Number], Unit [Unit Number].

Option B: Landlord leases to Tenant, and Tenant leases from Landlord, a portion of the warehouse premises located at [Street Address], [City], South Dakota, [Zip Code], as detailed in Exhibit A, legally described as [Legal Description] (the "Premises"). The Premises consist of approximately [Square Footage] square feet, as depicted on Exhibit A.

The Premises include [Number] loading bays/doors, configured as [Description of loading bay/door configuration]. The ceiling height within the Premises is [Ceiling Height] feet. Access to the Premises is via [Description of access roads].

Tenant shall have the exclusive/non-exclusive use of the following exterior storage area: [Description of Exterior Storage Area].

Tenant shall have the following rights to common yard/parking/loading/unloading areas: [Description of Common Areas].

2. Use of Premises

Option A: The Premises shall be used solely for warehouse purposes, including storage and distribution of [Specific Goods].

Option B: The Premises shall be used for warehouse purposes, including [Permitted Uses, e.g., light manufacturing, storage, office/administrative areas].

The following uses are expressly prohibited: [Prohibited Uses, e.g., retail sales, residential, hazardous material storage (unless expressly approved)].

The following materials and substances are allowed: [Allowed Materials/Substances].

The following materials and substances are restricted: [Restricted Materials/Substances - compliant with South Dakota zoning ordinances and fire/safety codes].

3. Lease Term

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

Option B: The term of this Lease shall be month-to-month, commencing on [Start Date]. Either party may terminate this lease by providing [Number] days written notice to the other party.

Early Termination: Tenant shall have the right to terminate this lease early by providing [Number] days written notice and paying a termination fee of [Dollar Amount].

Renewal/Extension: Tenant shall have the option to renew this lease for an additional [Number] years, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration date.

4. Rent

Option A: The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month.

Option B: The base rent shall be [Dollar Amount] per year, payable in monthly installments of [Dollar Amount], in advance on the [Day] day of each month.

Rent Escalation: The rent shall increase by [Percentage]% annually, commencing on [Date].

CPI Adjustment: The rent shall be adjusted annually based on the Consumer Price Index (CPI), as published by [Publishing Entity], with the adjustment occurring on [Date].

Late Fee: A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.

Payment Method: Rent shall be paid by [Permitted Payment Methods, e.g., check, wire transfer, ACH].

South Dakota sales/use tax shall be the responsibility of [Responsible Party, e.g., Tenant].

5. Security Deposit

The Tenant shall deposit with the Landlord a security deposit of [Dollar Amount], to be held as security for the Tenant's performance of this Lease.

The security deposit shall be used for [Permitted Uses of Security Deposit, e.g., damages to the Premises, unpaid rent].

Landlord shall return the security deposit, less any deductions, within [Number] days of the termination of this Lease and Tenant's surrender of the Premises, pursuant to South Dakota law.

6. Operating Expenses

Option A: Tenant shall be responsible for all operating expenses related to the Premises, including property taxes, insurance, utilities, and maintenance.

Option B: Landlord shall be responsible for the following operating expenses: [Landlord's Responsibilities, e.g., property taxes, insurance]. Tenant shall be responsible for the following operating expenses: [Tenant's Responsibilities, e.g., utilities, interior maintenance].

Property Taxes: Landlord shall pay property taxes, with Tenant reimbursing Landlord for [Percentage]% of such taxes within [Number] days of receipt of a statement from Landlord. This aligns with South Dakota real estate tax proration conventions.

Insurance: Landlord shall maintain property insurance on the building, and Tenant shall maintain insurance on its personal property and operations, as described below.

Utilities: Tenant shall be responsible for all utilities, including water, sewer, electricity, and gas.

Common Area Maintenance: Landlord shall be responsible for common area maintenance (CAM), and Tenant shall reimburse Landlord for [Percentage]% of CAM costs within [Number] days of receipt of a statement from Landlord.

Snow Removal: Landlord shall be responsible for snow removal on common areas; Tenant is responsible for snow removal immediately outside the tenant's entrance doors.

7. Tenant Improvements

Tenant may make improvements to the Premises with Landlord's prior written consent, which shall not be unreasonably withheld.

All improvements shall be performed in compliance with South Dakota building and fire codes.

Upon termination of this Lease, Tenant shall [Tenant's Responsibilities, e.g., restore the Premises to its original condition, remove all improvements].

8. Right of Entry and Inspection

Landlord shall have the right to enter the Premises upon [Number] hours' written notice for purposes of inspection or repair.

Landlord may enter the Premises without notice in case of emergency.

Tenant shall have the right to quiet possession of the Premises, subject to Tenant's performance of this Lease.

9. Environmental Compliance

Tenant shall comply with all applicable environmental laws and regulations, including South Dakota environmental and hazardous material regulations.

Tenant shall be responsible for any environmental contamination caused by its operations.

A baseline environmental condition assessment is attached as Exhibit B.

10. Insurance

Tenant shall maintain property, fire, casualty, warehouse legal liability, and commercial general liability insurance, with coverage minimums of [Dollar Amount].

Landlord shall be named as an additional insured on Tenant's commercial general liability policy. Tenant shall provide Landlord with proof of insurance.

11. Casualty and Condemnation

In the event of a casualty (fire, flood, storm) that renders the Premises untenantable, Landlord shall have the option to repair the Premises or terminate this Lease.

In the event of condemnation, this Lease shall terminate, and Tenant shall be entitled to compensation as provided by South Dakota law.

12. Signage, Lighting, and Waste Management

Signage: Tenant may install signage on the Premises, subject to Landlord's approval and compliance with local ordinances.

Lighting: Tenant shall be responsible for maintaining adequate lighting within the Premises.

Waste Management: Tenant shall be responsible for proper waste management and disposal, in compliance with local regulations. Snow and ice removal shall be the responsibility of the [Landlord/Tenant].

13. Subletting and Assignment

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

14. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through [Dispute Resolution Method, e.g., negotiation, mediation, arbitration, South Dakota court].

This Lease shall be governed by and construed in accordance with the laws of the State of South Dakota. Venue for any legal action shall be in [County Name] County, South Dakota.

15. Default

In the event of a default by Tenant, Landlord shall have the right to terminate this Lease and pursue all available remedies under South Dakota law, including eviction. Landlord has lien and distraint rights for commercial property under South Dakota statutes.

16. Move-In/Move-Out

A move-in inspection checklist is attached as Exhibit C.

Upon termination of this Lease, Tenant shall surrender the Premises in broom-clean condition, removing all personal property and debris.

17. Liens and Encumbrances

The Premises are subject to the following existing liens and encumbrances: [Description of Liens and Encumbrances].

18. Compliance with Laws

Tenant shall comply with all applicable federal, state, and local laws and regulations, including workplace safety, accessibility, occupational health, and fire suppression requirements.

19. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease due to force majeure events, including acts of God, war, terrorism, or natural disasters common in South Dakota (e.g., blizzards, floods, tornadoes).

20. Exhibits

Exhibit A: Floor Plan

Exhibit B: Environmental Assessment

Exhibit C: Move-In Inspection Checklist

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

Landlord:

[Landlord's Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Landlord's South Dakota Address]

Tenant:

[Tenant's Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Tenant's South Dakota Address]