Utah warehouse lease agreement template
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How Utah warehouse lease agreement Differ from Other States
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Utah warehouse leases may include unique landlord disclosure requirements under Utah Code, which differ from general disclosure rules in other states.
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Utah law specifies waivers of certain tenant rights, such as liability limitations, that must be expressly stated to be valid in warehouse lease contracts.
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Eviction and default procedures for commercial tenants in Utah are governed by distinct timelines and notice requirements compared to many other U.S. states.
Frequently Asked Questions (FAQ)
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Q: Is notarization required for a warehouse lease in Utah?
A: No, Utah law does not generally require notarization for warehouse lease agreements, but it is recommended for added legal protection.
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Q: What disclosures must landlords provide in a Utah warehouse lease?
A: Utah landlords must disclose lead-based paint hazards for older buildings and any known environmental hazards, as required by state and federal law.
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Q: Can the lease agreement include automatic renewal clauses in Utah?
A: Yes, automatic renewal clauses are allowed in Utah, but they must be clearly stated and acknowledged by both parties in the agreement.
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Utah Warehouse Lease Agreement
This Warehouse Lease Agreement ("Agreement") is made and entered into as of [Date], by and between [Landlord's Full Legal Name], residing at [Landlord's Address] ("Landlord"), and [Tenant's Full Legal Name], a [Tenant's Entity Type, e.g., Corporation], with its principal place of business at [Tenant's Address] ("Tenant").
Premises
- Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse space located at [Street Address], [Unit Number, if applicable], [City], Utah, [Zip Code], identified as Parcel ID [Parcel ID].
- Option B: The Premises consists of approximately [Square Footage] rentable square feet, with a ceiling clear height of [Ceiling Height] feet. The Premises includes [Number] loading docks, [Number] bay doors with dimensions of [Dimensions], [Description of Racking/Storage System, if any], access points at [Description], and [Description of Drive-in Features, if any].
- Option C: The Premises includes dedicated yard area of approximately [Square Footage] square feet and access to the shared shipping/receiving facilities. The parking lot capacity dedicated to the Premises is [Number] spaces. Security measures include [Description of Security/Perimeter Fencing].
- Option D: The Premises also includes ancillary office space of approximately [Square Footage] square feet.
Use
- Option A: The Premises shall be used solely for warehouse, storage, and distribution purposes.
- Option B: The Premises shall be used solely for [Specific Industrial/Commercial Purposes].
- Option C: The following uses are expressly prohibited: [List of Prohibited Uses, e.g., manufacturing, hazardous materials storage, retail]. Tenant shall comply with all applicable zoning ordinances of [City/County] related to the permitted use, as well as all Utah state and local business licensing requirements. Tenant must maintain all necessary operating licenses and comply with Utah fire code, environmental regulations (air, water, solid waste, and spill response), and hazardous materials controls.
Term
- Option A: The term of this Lease shall commence on [Start Date] and expire on [End Date].
- Option B: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration of Renewal Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term.
- Option C: If Tenant remains in possession of the Premises after the expiration of the Term, such holdover shall be deemed a month-to-month tenancy, subject to a rent equal to [Percentage]% of the then-current monthly rent.
- Option D: Tenant may terminate this lease early by providing Landlord with [Number] days written notice and paying a termination fee equal to [Amount or Formula].
Rent & Security Deposit
- Option A: The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, beginning on [Date].
- Option B: Tenant shall pay a security deposit of [Dollar Amount], which shall be held by Landlord in accordance with Utah Commercial Code. The security deposit shall be returned to Tenant within [Number] days after the termination of this Lease, less any deductions for damages to the Premises beyond normal wear and tear, or for unpaid rent.
- Option C: The base rent shall be increased annually by [Percentage]% on each anniversary of the Commencement Date.
- Option D: Rent payments shall be made payable to [Payee Name] and sent to [Payment Address]. Late payment fees of [Dollar Amount or Percentage] will be charged for payments received more than [Number] days after the due date. Returned item fees will be [Dollar Amount]. Tenant is responsible for all applicable Utah sales, property, or privilege taxes on rent or warehouse services.
Utilities & CAM
- Option A: Tenant shall be responsible for the payment of all utilities, including power, water, natural gas, sewer, and trash service.
- Option B: The Premises is/is not separately submetered for [Utilities, e.g., water and gas].
- Option C: Tenant shall be responsible for the cost of HVAC usage and maintenance.
- Option D: Tenant is responsible for snow removal on the Premises. Tenant shall pay its pro rata share of common area maintenance (CAM) costs, including roof, exterior walls, lot striping, loading door maintenance, and pest control, estimated to be [Dollar Amount] per month.
Alterations & Improvements
- Option A: Tenant shall not make any alterations or improvements to the Premises without Landlord's prior written consent, which shall not be unreasonably withheld.
- Option B: Tenant may erect signage in accordance with [Local Ordinances].
- Option C: Tenant may modify racking or equipment subject to Landlord's approval.
- Option D: All tenant improvements are subject to city/county permitting in Utah, state construction code, and ADA access standards where applicable. Tenant shall obtain all necessary permits and approvals. Upon termination of this Lease, Tenant shall restore the Premises to its original condition, including environmental remediation and the removal of racking or equipment.
Repair & Maintenance
- Option A: Landlord shall be responsible for the structural upkeep of the Premises, including the foundation, roof, and load-bearing walls.
- Option B: Landlord shall maintain the mechanical systems and fire suppression system.
- Option C: Tenant shall be responsible for the repair and maintenance of dock doors and any pest management issues.
- Option D: Tenant shall promptly report any operational failures or damage to the Premises to Landlord.
Insurance
- Option A: Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.
- Option B: Tenant shall maintain property insurance for its inventory and business interruption coverage.
- Option C: Tenant's insurance policy must include a waiver of subrogation provision in favor of Landlord.
- Option D: Insurance must cover warehouse-specific risks (e.g., forklift operations, loading equipment).
Indemnification
- Option A: Tenant shall indemnify and hold Landlord harmless from any and all claims, losses, damages, and liabilities arising out of Tenant's use of the Premises.
- Option B: Landlord’s liability shall be limited to the extent of its fault.
- Option C: Neither party shall be liable for delays or failures in performance caused by force majeure events, including government regulation, utility failures, pandemic response, or natural disasters.
Sublease & Assignment
- Option A: Tenant shall not sublease the Premises or assign this Lease without Landlord's prior written consent, which shall not be unreasonably withheld.
- Option B: Any sublease or assignment shall be subject to Landlord's approval of the proposed subtenant or assignee.
Compliance
- Option A: Tenant shall comply with all applicable laws, ordinances, rules, and regulations, including fire marshal inspections, sprinkler maintenance, egress marking, and emergency evacuation plans.
- Option B: Tenant shall comply with all applicable hazardous materials storage and reporting requirements under the Utah Department of Environmental Quality (DEQ).
- Option C: Tenant shall comply with all applicable Occupational Safety and Health Administration (OSHA) and Utah Labor Commission workplace safety rules.
Security
- Option A: Landlord shall be responsible for maintaining the security of the Premises, including surveillance equipment, alarm systems, and controlled gate operations.
- Option B: Tenant shall be responsible for securing its own inventory and equipment.
Access
- Option A: Tenant shall have access to the Premises during normal business hours.
- Option B: Tenant shall have after-hours access to the Premises subject to Landlord's approval.
- Option C: Truck movement and idling shall be governed by the following policies: [Describe Truck Movement/Idling Policies].
Move-In & Move-Out
- Option A: Prior to move-in, a pre-occupancy inspection shall be conducted, and a condition statement shall be prepared.
- Option B: Upon move-out, a walk-through inspection shall be conducted. Tenant is responsible for removing all personal property, including installed racking or fixtures (unless otherwise agreed), and cleaning the Premises.
- Option C: The security deposit, less any authorized deductions, shall be returned to Tenant within [Number] days of move-out, in accordance with Utah law.
Intellectual Property
- Option A: All intellectual property and trade secrets of Tenant shall be protected.
Taxes
- Option A: Landlord shall be responsible for the payment of all real property taxes and assessments attributable to the Premises.
- Option B: Tenant shall be responsible for all Utah Business Personal Property Tax filings on Tenant’s stored inventory and equipment.
Licensing
- Option A: Tenant is responsible for compliance with [City/County] business licensing requirements and obtaining all necessary permits.
Utah Law
- Option A: This Lease shall be governed by and construed in accordance with the laws of the State of Utah.
Default
- Option A: If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall provide Tenant with written notice of default and a reasonable opportunity to cure.
- Option B: If Tenant fails to cure the default, Landlord may terminate this Lease and pursue all available remedies under Utah law, including eviction and recovery of damages.
- Option C: Landlord's remedies for non-payment or breach include rights to self-help or re-entry in accordance with Utah statute and procedures for removal of goods (including compliance with Utah Uniform Commercial Code procedures for abandoned personal property).
Governing Law & Venue
- Option A: This Lease shall be governed by and construed in accordance with the laws of the State of Utah.
- Option B: Venue for any disputes arising under this Lease shall be in the appropriate Utah district court.
Access for Inspection
- Option A: Landlord shall have the right to enter the Premises for inspection, emergency repairs, or code compliance checks, with written advance notice except in emergencies.
Force Majeure
- Option A: Neither party shall be liable for any failure to perform its obligations under this Lease to the extent such failure is caused by force majeure events, including government regulation, utility failures, pandemic response, or natural disasters.
SNDA
- Option A: This Lease is subject and subordinate to any existing or future mortgage or deed of trust affecting the Premises.
Notices
- Option A: 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.
Exhibits
- Option A: The following exhibits are attached to and incorporated into this Lease:
- Exhibit A: Floor Plan
- Exhibit B: Certificate of Zoning Compliance
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Landlord's Full Legal Name]
____________________________
[Tenant's Full Legal Name]