Fillable Printable California Commercial Lease Agreement
Fillable Printable California Commercial Lease Agreement
California Commercial Lease Agreement
California Commercial Lease
Agreement
This Commercial Lease Agreement ("Lease") is made and effective , by
and
between ("Landlord") and
("Tenant").
Landlord
is
the
owner
of
land
and
improvements
commonly
known
and
numbered
as
and legally described as follows (the
"Building"):
_____________________________________________________________________
_____________________________________________________________________
[Legal
Description of
Building]
THEREFORE, in consideration of the mutual promises herein, contained and other good
and
valuable consideration, it is
agreed:
1. Term
.
A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the
same
from Landlord, for an "Initial Term" beginning and ending
.
Landlord shall use its best efforts to give Tenant possession as nearly as possible at
the
beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises,
rent
shall abate for the period of delay. Tenant shall make no other claim against Landlord for
any
such
delay.
2. Rental
.
A. Tenant shall pay to Landlord during the Initial Term rental of $ per
year,
payable
in installments of $ per month. Each installment payment shall be due
in
advance
on
the
first
day
of
each
calendar
month
during
the
lease
term
to
Landlord
at
or at such other place designated by
written
notice
from Landlord or Tenant. The rental payment amount for any partial calendar
months
included in the lease term shall be prorated on a daily
basis.
3. Use
Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes
of
storing, manufacturing or selling any explosives, flammables or other inherently
dangerous
substance, chemical, thing or
device.
4. Sublease and
Assignment
.
Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation
with
which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation
under
common control with Tenant, or to a purchaser of substantially all of Tenant's
asset
s. Except
as
set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign
this
Lease in whole or in part without Landlord's consent, such consent not to be
unreasonably
withheld or
delayed.
5. Repairs
.
During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to
the
Leased Premises. Repairs shall include such items as routine repairs of floors, walls,
ceilings,
and other parts of the Leased Premises damaged or worn through normal occupancy, except
f
or
major mechanical systems or the roof, subject to the obligations of the parties otherwise set
forth
in this
Lease.
6. Alterations and
Improvements
.
Tenant, at Tenant's expense, shall have the right following Landlord's consent to
remodel,
redecorate, and make additions, improvements and replacements of and to all or any part of
the
Leased Premises from time to time as Tenant may deem desirable, provided the same are
made
in
a workmanlike manner and utilizing good quality materials. Tenant shall have the right to
place
and install personal property, trade fixtures, equipment and other temporary installations in
and
upon the Leased Premises, and fasten the same to the premises. All personal
property,
equipment,
machinery, trade fixtures and temporary installations, whether acquired by Tenant
at
the commencement of the Lease term or placed or installed on the Leased Premises by
Tenant
thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant
shall
have the right to remove the same at any time during the term of this Lease provided that
all
damage to the Leased Premises caused by such removal shall be repaired by Tenant at
Tenant's
expense.
7. Property
Taxes
.
Landlord shall pay, prior to delinquency, all general real estate taxes and installments of
special
assessments coming due during the Lease term on the Leased Premises, and all
personal
property taxes with respect to Landlord's personal property, if any, on the Leased
Premises.
Tenant shall be responsible for paying all pers onal property taxes with respect to
Tenant's
personal property at the Leased
Premises.
8. Insurance
.
A. If the Leased Premises or any other part of the Building is damaged by fire or other
casualty
resulting from any act or negligence of Tenant or any of Tenant's agents, employees or
invitees,
rent shall not be diminished or abated while such damages are under repair, and Tenant shall
be
responsible for the costs of repair not covered by
insurance.
B. Landlord shall maintain fire and extended coverage
insur
ance on the Building and the
Leased
Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at
its
expense, for fire and extended coverage insurance on all of its personal property,
including
removable trade fixtures, located in the Leased
Premises.
C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies
of
comprehensive general liability insurance with respect to the respective activities of each in
the
Building with the premiums thereon fully paid on or before due date, issued by and binding
upon
some insurance company approved by Landlord, such insurance to afford minimum protection
of
not less than $1,000,000 combined single limit coverage of bodily injury, property damage
or
combination thereof. Landlord shall be listed as an additional insured on Tenant's policy
or
policies of comprehensive general liability insurance, and Tenant shall provide Landlord
with
current Certificates of Insurance evidencing Tenant's compliance with this Paragraph.
Tenant
shall
obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire
at
least (10) days prior to such expiration. Landlord shall not be required to maintain
insurance
against thefts within the Leased Premises or the
Building.
9. Utilities
.
Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services
and
utilities used by Tenant on the Leased Premises during the term of this Lease unless
otherwise
expressly agreed in writing by Landlord. In the event that any utility or service provided to
the
Leased Premises is not separately metered, Landlord shall pay the amount due and
separately
invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts
within
fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed
to
provide standard office use electrical facilities and standard office lighting. Tenant shall not
use
any equipment or devices that utilizes excessive electrical energy or which may, in
Landlord's
reasonable opinion, overload the wiring or interfere with electrical services to other
tenants.
10. Signs
.
Following Landlord's consent, Tenant shall have the right to place on the Leased Premises,
at
locations selected by Tenant, any signs which are permitted by applicable zoning ordinances
and
private restrictions. Landlord may refuse consent to any proposed signage that is in
Landlord's
opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to
the
Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant
in
obtaining any necessary permission from governmental authorities or adjoining owners
and
occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage
to
the Leased Premises resulting from the removal of signs installed by
Tenant.
11. Entry
.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to
inspect
the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business
on
the Leased
Premises.
12. Parking
.
During the term of this Lease, Tenant shall have the
non
-exclusive use in common with
Landlord,
other tenants of the Building, their guests and invitees, of the
non
-reserved common
automobile
parking areas, driveways, and footways, subject to rules and regulations for the use thereof
as
prescribed from time to time by Landlord. Landlord reserves the right to designate parking
areas
within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents
and
employees.
13. Building
Rules
.
Tenant will comply with the rules of the Building adopted and altered by Landlord from time
to
time and will cause all of its agents, employees, invitees and visitors to do so; all changes to
such
rules will be sent by Landlord to Tenant in writing. The initial rules for the Building are
attached
hereto as Exhibit "A" and incorporated herein for all
purposes.
14. Damage and
Destruction.
Subject to Section 8 A. above, if the Leased Premises or any part thereof or any
appurtenance
thereto is so damaged by fire, casualty or structural defects that the same cannot be used
for
Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage
to
elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event
of
minor damage to any part of the Leased Premises, and if such damage does not render
the
Leased
Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage
at
the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not
be
liable for any delays resulting from strikes, governmental restrictions , inability to obtain
necessary
materials or labor or other matters which
ar
e beyond the reasonable control of Landlord.
Tenant
shall be relieved from paying rent and other charges during any portion of the Lease term that
the
Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for
Tenant's
purposes
. Rentals and other charges paid in advance for any such periods shall be credited
on
the next ensuing payments, if any, but if no further payments are to be made, any such
advance
payments shall be refunded to Tenant. The provisions of this paragraph extend not only to
the
matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control
and
which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit
for
occupancy or use, in whole or in part, for Tenant's
purposes.
15. Default
.
If default shall at any time be made by Tenant in the payment of rent when due to Landlord
as
herein provided, and if said default shall continue for fifteen (15) days after written notice
thereof
shall have been given to Tenant by Landlord, or if default shall be made in any of the
other
covenants or conditions to be kept, observed and performed by Tenant, and such default
shall
continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without
correction
thereof then having been commenced and thereafter diligently prosecuted, Landlord may
declare
the term of this Lease ended and terminated by giving Tenant written notice of such intention,
and
if possession of the Leased Premises is not surrendered, Landlord may reenter said
premises.
Landlord shall have, in addition to the remedy above provided, any other right or
remedy
available to Landlord on account of any Tenant default, either in law or equity. Landlord shall
use
reasonable efforts to mitigate its
damages.
16. Quiet
Possession
.
Landlord covenants and warrants that upon performance by Tenant of its obligations
hereunder,
Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed
and
uninterrupted possession of the Leased Premises during the term of this
Lease.
17. Condemnation
.
If any legally, constituted authority condemns the Building or such part thereof which shall
make
the Leased Premises unsuitable for leasing, this Lease shall cease when the public
authority
takes possession, and Landlord and Tenant shall account for rental as of that date.
Such
termination shall be without prejudice to the rights of either party to recover compensation
from
the condemning authority for any loss or damage caused by the condemnation. Neither
pa
rty
shall have any rights in or to any award made to the other by the condemning
authority.
18.
Subordination.
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other
lien
presently existing or hereafter arising upon the Leased Premises, or upon the Building and to
any
renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee
shall
have the right at any time to subordinate such mortgage, deed of trust or other lien to this
Lease on
such terms and subject to such conditions as such mortgagee may deem appropriate in
its
discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate
this
Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon
the
Leased Premises of the Building, and Tenant agrees upon demand to execute such
further
instruments subordinating this Lease or attorning to the holder of any such liens as Landlord
may
request. In the event that Tenant should fail to execute any instrument of subordination
herein
require d to be executed by Tenant promptly as requested, Tenant hereby irrevocably
constitutes
Landlord as its
attorney
-in
-fact to execute such instrument in Tenant's name, place and stead,
it
being agreed that such power is one coupled with an interest. Tenant agrees that it will from
time
to
time upon request by Landlord execute and deliver to such persons as Landlord shall request
a
statement in recordable form certifying that this Lease is unmodified and in full
fo
rce and effect
(or
if there have been modifications, that the same is in full force and effect as so modified),
stating
the dates to which rent and other charges payable under this Lease have been paid, stating
that
Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of
such
alleged default) and further stating such other matters as Landlord shall reasonably
require.
19. Security
Deposit
.
The Security Deposit shall be held by Landlord without liability for interest and as security for
the
performance by Tenant of Tenant's covenants and obligations under this Lease, it
being
expressly
understood that the Security Deposit shall not be considered an advance payment
of
rental or a measure of Landlord's damages in case of default by Tenant. Unless
otherwise
provided by mandatory non-waivable law or regulation, Landlord may commingle the
Security
Deposit with Landlord' s other funds. Landlord may, from time to time, without prejudice to
any
other remedy, use the Security Deposit to the extent necessary to make good any arrearages
of
rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any
such
application of the Security Deposit, Tenant shall pay to Landlord on demand the amount
so
applied in order to restor
e the Security Deposit to its original amount. If Tenant is not in default
at
the termination of this Lease, the balance of the Security Deposit remaining after any
such
application shall be returned by Landlord to Tenant. If Landlord transfers its interest in
the
Premises during the term of this Lease, Landlord may assign the Security Deposit to
the
transferee and thereafter shall have no further liability for the return of such Security
Deposit.
20. Notice
.
Any notice required or permitted under this Lease shall be deemed sufficiently given or served
if
sent by United States certified mail, return receipt requested, addressed as
follows:
If to Landlord
to:
If to Tenant
to:
Landlord and Tenant shall each have the right from time to time to change the place notice is
to
be given under this paragraph by written notice thereof to the other
party.
21. Brokers
– Check One
_____ Tenant represents that Tenant was not shown the Premises by any real estate broker or
agent
and that Tenant has not otherwise engaged in, any activity which could form the basis for a
claim
for real estate commission, brokerage fee, finder's fee or other similar charge, in connection
with
this
Lease.
_____ Tenant was shown the property by who is a licensed real estate
agent in the State of California from Agency. Landlord and Tenant agree to
abide by the signing party’s listing agreement and to pay the commission amount specified.
22. Waiver
.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission
to
take any action on account of such default if such default persists or is repeated, and no
express
waiver shall affect any default other than the default specified in the express waiver and that
only
for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall
not
be construed as a waiver of a subsequent breach of the same covenant, term or
condition.
23. Memorandum of Lease
.
The parties hereto contemplate that this Lease should not and shall not be filed for record, but
in
lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum
of
Lease to be recorded for the purpose of giving record notice of the appropriate provisions of
this
Lease.
24. Headings
.
The headings used in this Lease are for convenience of the parties only and shall not
be
considered in interpreting the meaning of any provision of this
Lease.
25. Successors
.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and
their
respective legal representatives, successors and
assigns.
26. Consent
.
Landlord shall not unreasonably withhold or delay its consent with respect to any matter for
which
Landlord's consent is required or desirable under this
Lease.
27. Performance
.
If there is a default with respect to any of Landlord's covenants, warranties or
representations
under
this Lease, and if the default continues more than fifteen (15) days after notice in
writing
from
Tenant to Landlord specifying the default, Tenant may, at its option and without affecting
any
other remedy hereunder, cure such default and deduct the cost thereof from the next
accruing
installment or installments of rent payable hereunder until Tenant shall have been
fully
reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor
of
twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior
to
Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus
accrued
interest to Tenant on
demand.
28. Compliance with
Law
.
Tenant shall comply with all laws, orders, ordinances and other public requirements now
or
hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all
laws,
orders, ordinances and other public requirements now or hereafter affecting the
Leased Premises.
29. Final
Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on
the
subject matter hereof. This Agreement may be modified only by a further writing that is
duly
executed by both
parties.
30. Governing
Law
.
This Agreement shall be governed, construed and interpreted by, through and under the Laws
of
the State of
California.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above
written.
WITNESS
______________________________________________
Signature
______________________________________________
Print Name
_____________________________________________
LANDLORD
______________________________________________
Signature
______________________________________________
Print Name
TENANT
______________________________________________
Signature
______________________________________________
Print Name
TENANT
______________________________________________
Signature
______________________________________________
Print Name
AGENT/BROKER
______________________________________________
Signature
______________________________________________
Print Name
