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 andeffective , by
and
between("Landlord") and
("Tenant").
Landlord
is
the
owner
of
land
and
improvements
commonly
known
and
numbered
as
and legallydescribed as follows(the
"Building"):
_____________________________________________________________________
_____________________________________________________________________
[Legal
Description of
Building]
THEREFORE,in consideration ofthemutual promises herein, contained andother good
and
valuable consideration, itis
agreed:
1. Term
.
A. Landlord hereby leases theLeased Premises toTenant, andTenant hereby leases the
same
fromLandlord, for an"Initial Term" beginning andending
.
Landlord shall useits bestefforts togive Tenant possession as nearly aspossible at
the
beginning of the Leaseterm.If Landlord is unableto timely provide the LeasedPremises,
rent
shall abate for theperiod of delay. Tenant shall make noother claimagainst Landlord for
any
such
delay.
2. Rental
.
A. Tenant shall pay toLandlord during theInitialTerm rental of $ per
year,
payable
ininstallmentsof$ per month. Each installment payment shall bedue
in
advance
on
the
first
day
of
each
calendar
month
during
the
lease
term
to
Landlord
at
or atsuchother place designated by
written
notice
from Landlord or Tenant. The rental paymentamount forany partial calendar
months
includedinthe leasetermshall beprorated onadaily
basis.
3. Use
Notwithstanding the forgoing, Tenant shall not usethe LeasedPremises forthe purposes
of
storing, manufacturing or selling any explosives, flammablesor other inherently
dangerous
substance, chemical, thingor
device.
4. Subleaseand
Assignment
.
Tenant shall have theright without Landlord's consent, toassign this Leaseto a corporation
with
which Tenant may merge or consolidate, toany subsidiary ofTenant, toany corporation
under
commoncontrol with Tenant, orto a purchaser of substantially all of Tenant's
asset
s. Except
as
set forthabove, Tenant shall not subleaseall oranypart of theLeased Premises, orassign
this
Lease in whole or in part without Landlord's consent, suchconsentnot to be
unreasonably
withheld or
delayed.
5. Repairs
.
During theLease term, Tenant shall make, at Tenant's expense, all necessary repairs to
the
Leased Premises. Repairs shall includesuchitemsasroutine repairsof floors,walls,
ceilings,
and other parts of theLeasedPremises damaged or worn through normal occupancy, except
f
or
major mechanical systems or theroof, subject to the obligations of the parties otherwise set
forth
inthis
Lease.
6. Alterationsand
Improvements
.
Tenant, atTenant's expense, shall havethe right followingLandlord's consentto
remodel,
redecorate, and make additions, improvements andreplacements of and toall orany part of
the
Leased Premises fromtimeto timeasTenant may deem desirable, provided the same are
made
in
a workmanlike manner andutilizing goodquality materials. Tenant shall have therightto
place
and installpersonal property, trade fixtures, equipmentandother temporary installationsin
and
upon the LeasedPremises, andfastenthe same tothe premises. All personal
property,
equipment,
machinery, trade fixturesand temporaryinstallations, whether acquired by Tenant
at
the commencement of the Lease termor placed or installedonthe Leased Premises by
Tenant
thereafter,shall remain Tenant's property freeand clear of any claim byLandlord. Tenant
shall
have therightto remove thesameat anytime during theterm of this Lease provided that
all
damage to theLeased Premises causedbysuchremoval shall be repairedbyTenant at
Tenant's
expense.
7. Property
Taxes
.
Landlord shall pay, prior to delinquency, all general real estate taxesand installments of
special
assessments coming dueduring theLease termon theLeased Premises, and all
personal
property taxes with respect toLandlord's personal property, if any,onthe Leased
Premises.
Tenantshallberesponsibleforpayingallpersonal property taxeswith respect to
Tenant's
personal property at the Leased
Premises.
8. Insurance
.
A. If the LeasedPremises oranyother part of the Building is damaged by fire orother
casualty
resultingfromany actornegligence of Tenant or anyof Tenant's agents, employees or
invitees,
rent shall not bediminished orabatedwhile suchdamages areunder repair, andTenantshall
be
responsible for thecosts of repair notcoveredby
insurance.
B. Landlord shall maintain fireand extended coverage
insur
anceontheBuildingandthe
Leased
Premises insuchamountsas Landlord shall deemappropriate. Tenant shall be responsible, at
its
expense, forfireandextended coverage insuranceonall of itspersonal property,
including
removabletradefixtures, located inthe Leased
Premises.
C. Tenant andLandlord shall, each atits own expense,maintain apolicy or policies
of
comprehensive general liabilityinsurancewith respect to therespectiveactivities of each in
the
Building with thepremiumsthereonfullypaidon orbefore duedate, issued byandbinding
upon
someinsurancecompany approvedbyLandlord, suchinsurancetoafford minimumprotection
of
not lessthan$1,000,000 combinedsingle limit coverage of bodily injury,property damage
or
combination thereof. Landlord shall belistedas an additional insuredon Tenant's policy
or
policies ofcomprehensivegeneral liabilityinsurance, andTenant shall provide Landlord
with
current Certificates of Insuranceevidencing Tenant's compliance with this Paragraph.
Tenant
shall
obtain theagreement ofTenant's insurers to notify Landlord that a policy is dueto 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, telephoneand other services
and
utilities usedby Tenant ontheLeased Premises during thetermof this Leaseunless
otherwise
expressly agreedinwriting by Landlord. In the eventthat any utility orserviceprovided to
the
Leased Premises isnot separately metered, Landlord shall pay the amountdueand
separately
invoice Tenant forTenant's pro ratashare of the charges.Tenant shall paysuch amounts
within
fifteen(15) days of invoice.Tenant acknowledges thatthe Leased Premises are designed
to
provide standardoffice useelectrical facilities andstandard office lighting. Tenant shall not
use
any equipment or devices that utilizes excessive electrical energy or which may, in
Landlord's
reasonableopinion, overload thewiring or interferewith electrical services toother
tenants.
10.Signs
.
Following Landlord's consent, Tenant shall havetherighttoplace ontheLeased Premises,
at
locationsselected by Tenant, anysigns which are permitted byapplicable zoning ordinances
and
private restrictions. Landlord may refuseconsent toany proposed signagethat isin
Landlord's
opinion toolarge, deceptive, unattractive or otherwise inconsistent with orinappropriate to
the
Leased Premises or useof anyother tenant. Landlord shall assist andcooperate with Tenant
in
obtaining any necessary permission fromgovernmental authorities or adjoining owners
and
occupants forTenant to place orconstruct the foregoingsigns. Tenantshallrepairalldamage
to
the Leased Premises resulting fromtheremoval of signs installed by
Tenant.
11.Entry
.
Landlord shall havetheright toenter uponthe LeasedPremises at reasonable hours to
inspect
the same,provided Landlord shall not therebyunreasonably interfere with Tenant's business
on
the Leased
Premises.
12.Parking
.
During the termof this Lease, Tenant shall have the
non
-exclusive usein commonwith
Landlord,
other tenantsofthe Building, theirguests and invitees, of the
non
-reservedcommon
automobile
parking areas, driveways, and footways, subject torules andregulationsforthe use thereof
as
prescribed fromtime to timeby Landlord. Landlord reserves the right todesignate parking
areas
within theBuilding or inreasonable proximity thereto,for Tenant and Tenant's agents
and
employees.
13.Building
Rules
.
Tenant will comply with therules of theBuilding adopted andaltered byLandlord from time
to
timeand will causeall of itsagents, employees, invitees andvisitors to do so;all changesto
such
rules will be sent byLandlord toTenant in writing. The initial rules fortheBuilding are
attached
hereto as Exhibit "A" andincorporatedherein for all
purposes.
14.Damageand
Destruction.
Subject toSection 8A. above, ifthe LeasedPremises oranypart thereof or any
appurtenance
thereto is so damaged by fire, casualty or structural defects thatthe samecannot be used
for
Tenant's purposes, thenTenant shall have theright within ninety (90) days following damage
to
elect by notice toLandlord to terminate this Leaseas ofthe date ofsuch damage. In the event
of
minor damage to anypart of the Leased Premises, and if suchdamagedoes not render
the
Leased
Premises unusable for Tenant's purposes, Landlord shall promptly repair suchdamage
at
the costoftheLandlord. In making therepairscalled for inthisparagraph, Landlord shall not
be
liablefor any delays resultingfrom strikes, governmental restrictions ,inabilityto obtain
necessary
materials or labororother matters which
ar
e beyondthereasonablecontrol ofLandlord.
Tenant
shall berelievedfrompaying rent and other chargesduring any portion oftheLease termthat
the
Leased Premises are inoperable or unfit for occupancy, oruse, inwhole or inpart, for
Tenant's
purposes
. Rentals and other charges paid inadvance for any suchperiods shall be credited
on
the next ensuingpayments, if any,but ifnofurther payments are tobe made, anysuch
advance
payments shall be refundedto Tenant. Theprovisions of thisparagraph extend not only to
the
matters aforesaid, butalso to anyoccurrence which isbeyond Tenant's reasonablecontrol
and
which renderstheLeased Premises, or anyappurtenance thereto, inoperableor unfit
for
occupancy or use, inwhole or inpart, for Tenant's
purposes.
15.Default
.
If default shall at any timebemade byTenant in thepaymentofrent when duetoLandlord
as
herein provided, and if said default shall continueforfifteen(15) days after written notice
thereof
shallhavebeengiventoTenantbyLandlord, orif default shall bemade inanyofthe
other
covenants or conditions tobekept, observed andperformed by Tenant, andsuchdefault
shall
continue for thirty(30)days after notice thereofin writing toTenant byLandlord without
correction
thereof then havingbeencommencedand thereafter diligently prosecuted, Landlord may
declare
the termofthisLease ended andterminated by giving Tenant written notice of such intention,
and
if possession of the LeasedPremises isnot surrendered, Landlord may reenter said
premises.
Landlord shall have,in addition to theremedyabove provided, any other right or
remedy
available to Landlord onaccount ofany Tenant default, either inlawor equity. Landlord shall
use
reasonableefforts tomitigate its
damages.
16.Quiet
Possession
.
Landlord covenants andwarrants that upon performance by Tenantofits obligations
hereunder,
Landlord will keep andmaintain Tenant inexclusive, quiet, peaceable andundisturbed
and
uninterrupted possession oftheLeased Premises during the termof this
Lease.
17.Condemnation
.
If any legally, constituted authority condemns the Building or such part thereof which shall
make
the LeasedPremises unsuitable for leasing, this Leaseshall ceasewhen the public
authority
takespossession, andLandlord andTenant shall account for rental as of thatdate.
Such
terminationshall be without prejudice totherightsof either party torecovercompensation
from
the condemning authority forany loss or damagecausedby thecondemnation. Neither
pa
rty
shall have any rights inortoany award made totheother bythe condemning
authority.
18.
Subordination.
Tenant accepts thisLease subject andsubordinate toany mortgage, deed of trustor other
lien
presently existing or hereafter arising upon theLeased Premises, orupontheBuilding andto
any
renewals, refinancingandextensions thereof, butTenant agrees thatanysuchmortgagee
shall
have the right atany time tosubordinate such mortgage, deedoftrustor other lientothis
Lease on
such terms and subject to such conditions assuchmortgagee may deemappropriate in
its
discretion. Landlord is herebyirrevocably vested with full power andauthority tosubordinate
this
Lease toany mortgage, deedof trust orother liennowexisting or hereafter placed upon
the
Leased Premises ofthe Building, and Tenant agreesupondemandto execute such
further
instrumentssubordinating this Lease or attorning totheholder ofanysuch liensasLandlord
may
request. In the event that Tenant should failtoexecute any instrument of subordination
herein
requiredtobe executed byTenant promptly asrequested,Tenant hereby irrevocably
constitutes
Landlord asits
attorney
-in
-facttoexecute suchinstrument in Tenant's name, place and stead,
it
being agreed that such power is onecoupled with aninterest.Tenant agrees that itwill from
time
to
time uponrequest by Landlord execute anddeliver to such personsas Landlord shall request
a
statement in recordable formcertifying that this Lease isunmodified and in full
fo
rce and effect
(or
if therehave beenmodifications, that the same is infull forceand effect as so modified),
stating
the datestowhich rent andother charges payable under this Leasehavebeen paid, stating
that
Landlord is not in default hereunder (or if Tenant alleges adefault stating thenature of
such
alleged default) andfurtherstating suchother matters asLandlord shall reasonably
require.
19.Security
Deposit
.
The Security Deposit shall beheld by Landlord without liability for interest andassecurity for
the
performance byTenant of Tenant's covenants andobligations underthis Lease, it
being
expressly
understood that the Security Deposit shall not be considered anadvancepayment
of
rental or a measure of Landlord's damages incaseof defaultby Tenant. Unless
otherwise
provided by mandatory non-waivable law or regulation,Landlord maycommingle the
Security
Deposit with Landlord' s other funds. Landlord may, fromtimetotime, without prejudice to
any
other remedy, use theSecurity Deposit totheextent necessary tomake good anyarrearages
of
rent or to satisfy anyother covenant or obligation of Tenant hereunder. Following any
such
application of the Security Deposit, Tenant shall pay to Landlord on demandthe amount
so
applied in order to restor
e theSecurity Deposit to its original amount. If Tenantis not indefault
at
the termination of thisLease, thebalance of theSecurity Deposit remaining after any
such
application shall be returnedbyLandlord to Tenant. If Landlord transfersits interestin
the
Premises during thetermof thisLease, Landlord may assign theSecurity Deposit to
the
transfereeandthereafter shall haveno further liabilityforthereturnof such Security
Deposit.
20.Notice
.
Any notice required orpermitted underthis Lease shall bedeemedsufficiently given orserved
if
sent by United States certified mail, returnreceipt requested,addressed as
follows:
IftoLandlord
to:
If to Tenant
to:
Landlord andTenantshall eachhave the right fromtimetotimetochange the place notice is
to
be given under thisparagraph by written notice thereof to the other
party.
21.Brokers
– Check One
_____Tenant represents that Tenant was not shown the Premises by anyreal estate broker or
agent
andthatTenanthasnototherwise engaged in, anyactivity which could formthebasis for a
claim
for real estate commission, brokerage fee,finder'sfeeorother 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’slisting agreement and to pay the commission amount specified.
22.Waiver
.
No waiver ofany default of Landlord orTenant hereundershall beimplied fromany omission
to
takeanyaction onaccount of such default if suchdefault persists or isrepeated,andno
express
waiver shall affect anydefault other thanthe default specified inthe express waiver and that
only
for the timeandtothe extent therein stated. Oneor more waivers byLandlord orTenant shall
not
be construed as awaiver of asubsequentbreach of the same covenant, termor
condition.
23.MemorandumofLease
.
The parties hereto contemplate thatthisLease shouldnot andshallnotbefiledforrecord,but
in
lieu thereof, at therequest of either party, Landlord and Tenant shall execute a Memorandum
of
Lease toberecordedfor thepurpose of giving recordnotice ofthe appropriate provisions of
this
Lease.
24.Headings
.
The headingsused inthis Leaseare for convenience of the parties only andshall not
be
considered ininterpretingthe meaning ofany provision of this
Lease.
25.Successors
.
The provisions ofthis Lease shall extend to andbebinding uponLandlord and Tenant and
their
respective legal representatives, successors and
assigns.
26.Consent
.
Landlord shall not unreasonably withhold or delay itsconsent with respecttoany matter for
which
Landlord's consent is required or desirable under this
Lease.
27.Performance
.
If there isadefault with respectto anyof Landlord's covenants, warranties or
representations
under
thisLease, and if the default continues more than fifteen(15) days after notice in
writing
from
Tenant to Landlord specifying thedefault, Tenant may, at itsoption and without affecting
any
other remedy hereunder, curesuchdefault anddeduct thecost thereof fromthenext
accruing
installment orinstallments of rentpayable hereunder until Tenant shall havebeen
fully
reimbursedfor such expenditures, together with interest thereonat arateequal to the lessor
of
twelve percent (12%) perannumor the then highest lawful rate. If thisLeaseterminates prior
to
Tenant's receivingfull reimbursement, Landlord shall paythe unreimbursed balanceplus
accrued
interest to Tenant on
demand.
28.Compliancewith
Law
.
Tenant shall complywith all laws, orders, ordinances andother public requirements now
or
hereafter pertaining toTenant's useof theLeasedPremises. Landlord shall comply with all
laws,
orders, ordinances andother public requirementsnow or hereafter affecting the
Leased Premises.
29.Final
Agreement.
This Agreement terminates andsupersedes all prior understandings or agreements on
the
subject matter hereof. This Agreement maybe modified only by a further writing that is
duly
executed byboth
parties.
30.Governing
Law
.
This Agreement shall be governed, construed andinterpretedby, throughand undertheLaws
of
the State of
California.
IN WITNESS WHEREOF, the parties have executed this Leaseasofthedayandyearfirst
above
written.
WITNESS
______________________________________________
Signature
______________________________________________
Print Name
_____________________________________________
LANDLORD
______________________________________________
Signature
______________________________________________
Print Name
TENANT
______________________________________________
Signature
______________________________________________
Print Name
TENANT
______________________________________________
Signature
______________________________________________
Print Name
AGENT/BROKER
______________________________________________
Signature
______________________________________________
Print Name
