Commercial Net Lease for Entire Building

This form contains everything businesses and landlords need to create their own net lease for a building.  In a net lease, the tenant not only pays rent, but also part of the building's operating costs. These costs include property taxes, insurance and maintenance.

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Net Lease for Entire Building

Names 

This lease is made by , Landlord, and , Tenant.

Premises Being Leased

Landlord is leasing to Tenant and Tenant is leasing from Landlord the following premises: .

Term of Lease

This lease begins on  and ends on .

Rent

Tenant will pay rent in advance on day  of each month. Tenant's first rent payment will be on  in the amount of $. Tenant will pay rent of $  per month thereafter.

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Static rent Tenant will pay this rental amount for the entire term of the lease. 
Annual rent increase Rent will increase each year, on the anniversary of the starting date, as follows: 
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Lease extension options

Option to Extend Lease

First Option. Landlord grants Tenant the option to extend this lease for an additional  years. To exercise this option, Tenant must give Landlord written notice on or before .  Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: .

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second option

Second Option. If Tenant exercises the option granted above, Tenant will then have the option to extend this lease for  years beyond the first option period. To exercise this second option, Tenant must give Landlord written notice on or before . Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: 

Security Deposit

Tenant has deposited $ with Landlord as security for Tenant's performance of this lease. Landlord will refund the full security deposit to Tenant within 14 days following the end of the lease if Tenant returns the premises to Landlord in good condition (except for reasonable wear and tear) and Tenant has paid Landlord all sums due under this lease. Otherwise, Landlord may deduct any amounts required to place the premises in good condition and to pay for any money owed to Landlord under the lease.

Improvements by Landlord

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Repairs and Improvements Before the lease term begins, Landlord (at Landlord's expense) will make the repairs and improvements listed in Attachment 1 to this contract. 
"As is" Tenant accepts the premises in "as is" condition. Landlord need not provide any repairs or improvements before the lease term begins.

Improvements by Tenant

Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent, which will not be unreasonably withheld. At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any damage caused by attaching the items to or removing them from the premises.

Tenant's Use of Premises

Tenant will use the premises for the following business purposes: . Tenant may also use the premises for purposes reasonably related to the main use.

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landlord reps

Landlord's Representations

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Premises in compliance with all laws and regulations

Landlord represents that at the beginning of the lease term, the premises will be properly zoned for Tenant's stated use and will be in compliance with all applicable laws and regulations.

No storage of toxic or hazadous substances

Landlord represents that the premises have not been used for the storage or disposal of any toxic or hazardous substance and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substance from the property.

 

Utilities and Services

Tenant will pay for all utilities and services, including water, electricity, and gas, including the electricity or gas needed for heating and air-conditioning.

Maintenance and Repairs

Tenant will maintain and make all necessary repairs to: (1) the roof, structural components, exterior walls, and interior walls of the premises, and (2) the plumbing, electrical, heating, ventilating, and air-conditioning systems. Tenant will clean and maintain (including snow removal) the parking areas, yards, common areas, and exterior of the premises so that the premises will be kept in a safe and attractive condition.

Insurance

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Landlord: Fire insurance

Landlord will carry fire and extended coverage insurance on the building.

Tenant: Public liability insurance

Tenant will carry public liability insurance; this insurance will include Landlord as an insured party. The public liability coverage for personal injury will be in at least the following amounts: $ per occurrence
$ in any one year.

Landlord and Tenant liability release

Landlord and Tenant release each other from any liability to the other for any property loss, property damage, or personal injury to the extent covered by insurance carried by the party suffering the loss, damage, or injury.

Tenant will give Landlord copy of insurance

Tenant will give Landlord a copy of all insurance policies that this lease requires Tenant to obtain.

Taxes

Tenant will pay all real property taxes levied and assessed against the premises during the term of this lease. Tenant will pay all personal property taxes levied and assessed against Tenant's personal property.

Subletting and Assignment

Tenant will not assign this lease or sublet any part of the premises without the written consent of Landlord. Landlord will not unreasonably withhold such consent.

Damage to Premises

A. If the premises are damaged through fire or other cause not the fault of Tenant, Tenant will owe no rent for any period during which Tenant is substantially deprived of the use of the premises.

B. If Tenant is substantially deprived of the use of the premises for more than 90 days because of such damage, Tenant may terminate this lease by delivering written notice of termination to Landlord.

Notice of Default

Before starting a legal action to recover possession of the premises based on Tenant's default, Landlord will notify Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given or mailed to Tenant.

Quiet Enjoyment

As long as Tenant is not in default under the terms of this lease, Tenant will have the right to occupy the premises peacefully and without interference.

Eminent Domain

This lease will become void if any part of the leased premises or the building in which the leased premises are located is taken by eminent domain. Tenant has the right to receive and keep any amount of money that the agency taking the premises by eminent domain pays for the value of Tenant's lease, its loss of business, and for moving and relocation expenses.

Holding Over

If Tenant remains in possession after this lease ends, the continuing tenancy will be from month to month.

Disputes

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Litigation Litigation. If a dispute arises, either party may take the matter to court.
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Losing party agrees to pay attorneys' fees
Attorneys' Fees. If either party brings a legal action arising out of a dispute over this agreement, the losing party will reimburse the prevailing party for all reasonable costs and attorneys' fees incurred by the prevailing party in the lawsuit.

Mediation and Possible Litigation

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Pre-selected mediator

Mediation and Possible Litigation. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by .

The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court.

Future mutually selected mediator

Mediation and Possible Litigation. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected.

The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court.

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Losing party agrees to pay attorneys' fees Attorneys' Fees. If either party brings a legal action arising out of a dispute over this agreement, the losing party will reimburse the prevailing party for all reasonable costs and attorneys' fees incurred by the prevailing party in the lawsuit.
Mediation and Possible Arbitration
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Pre-selected mediator Mediation and Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by . The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, the parties agree to submit the matter to binding arbitration.
Future mutually selected mediator Mediation and Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, the parties agree to submit the matter to binding arbitration.
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additional agreement description

Additional Agreements

 Landlord and Tenant additionally agree that: .

Entire Agreement

This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.

Successors and Assignees

This lease binds and benefits the heirs, successors, and assignees of the parties.

Notices

All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered:

  1. in person,
  2. by certified mail, or
  3. by overnight courier.

Governing Law

This lease will be governed by and construed in accordance with the laws of the state of .

Counterparts

This lease may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties.

Modification 

This lease may be modified only by a written agreement signed by all the parties.

Waiver 

If one party waives any term or provision of this lease at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this lease, that party retains the right to enforce that term or provision at a later time.

 

Keep Together

Severability

If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.


Landlord

a _________________________________________________

Signature: ___________________________________________
Dated: _____________________________________________
Printed name: _______________________________________
Title: ______________________________________________
Address: ___________________________________________


Tenant

Name of business: ___________________________________
a _________________________________________________

Signature: ___________________________________________
Dated: _____________________________________________
Printed name: _______________________________________
Title: ______________________________________________
Address: ___________________________________________
 

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Guarantor

Guarantor

By signing this lease, I personally guarantee the performance of all financial obligations of 
 under this lease.

Signature: ___________________________________________
Dated: _____________________________________________
Printed name: _______________________________________
Title: ______________________________________________
Address: ___________________________________________

 

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