Fillable Printable Colorado Commercial Lease Agreement

Colorado Commercial Lease Agreement

COLORADO COMMERCIAL LEASE AGREEMENT

This Lease Agreement (Lease) is entered into on this:

______ day of _______________, 20____

by and between

______________________ (Landlord) and

___________________________ (Tenant)

Landlord is the owner of land and improvements whose address is:

______________________________________________________________

Landlord makes available for lease a portion of the Building designated as

____________________(Leased Premises).

Landlord desires to lease the Leased Premises to Tenant, and Tenant desires

to lease the Leased Premises from Landlord for the term, at the rental and

upon the provisions set forth herein.

THEREFORE, in consideration of the mutual promises contained herein, and

for other good and valuable consideration, it is agreed:

Term.

The Initial Term of the Lease shall begin on the:

_____ day of ____________, 20____

and end on the:

_____ day of _____________, 20____

Landlord shall use its best efforts to put Tenant in possession of the Leased

Premises on 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.

Tenant may renew the Lease for one extended term of ________________.

Tenant shall exercise such renewal option, if at all, by providing written notice

to Landlord not less than ninety (90) days prior to the expiration of the Initial

Term. The renewal term shall be at the rental set forth below and otherwise

upon the same covenants, conditions and provisions as contained in this

Lease.

Rent.

Tenant shall pay to Landlord during the Initial Term rent of:

_________________ Dollars (USD) per year, payable in instalments of

_______________ Dollars (USD) per month.

Each instalment payment shall be due in advance on the first day of each

calendar month during the lease term to Landlord at the following address:

The rental payment amount for any partial calendar months included in the

lease term shall be prorated on a daily basis.

Tenant shall also pay to Landlord a "Security Deposit" in the amount of

__________________ Dollars (USD).

The rental for any renewal lease term, if created as permitted under this

Lease, shall be __________________ Dollars (USD) per year payable in

instalments of _____________ Dollars (USD) per month.

Prohibited Uses.

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.

Sublease and Assignment.

Tenant shall have the right without Landlord's consent, to assign this Lease to

a business 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 assets.

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.

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 for major mechanical

systems or the roof, subject to the obligations of the parties otherwise set forth

in this Lease.

Alterations and Improvements.

Tenant, at Tenant's expense, shall have the right, upon obtaining 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 Tenant shall repair, at

Tenant's expense, all damage to the Leased Premises caused by such

removal.

Property Taxes.

Landlord shall pay, prior to delinquency, all general real estate taxes and

instalments 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 personal property taxes with respect to Tenant's

personal property at the Leased Premises.

Insurance.

If the Leased Premises or any other part of the Building is damaged by fire or

other casualty resulting from any act of negligence by Tenant or by 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.

Landlord shall maintain fire and extended coverage insurance on the Building

and the Leased Premises in such amount, 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.

Tenant and Landlord shall, each at its own expense, maintain a policy or

policies of comprehensive general liability insurance with respect to the

particular activities of each in the Building with the premiums thereon fully

paid on or before due date. Such insurance policy shall be issued by and

binding upon an insurance company approved by Landlord, and shall afford

minimum protection of not less than _______________Dollars (USD)

combined single limit coverage of bodily injury, property damage or

combination thereof. Tenant shall provide Landlord with current Certificates of

Insurance evidencing Tenant's compliance with this Paragraph.

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 all such utility charges prior to the due date. 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, over load the wiring or interfere with

electrical services to other tenants.

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.

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.

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 for Tenant and Tenant's agents and employees.

Tenant shall provide Landlord with a list of all license numbers for the cars

owned by Tenant, its agents and employees.

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.

Damage and Destruction.

If the Leased Premises or any part thereof or any appurtenance thereto is so

damaged by fire, casualty or structural defects, such damage or defects not

being the result of any act of negligence by Tenant or by any of Tenant's

agents, employees or invitees, 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 labour or other matters

which are 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.

Default.

In the event of a default made by Tenant in the payment of rent when due to

Landlord, Tenant shall have fifteen (15) days after receipt of written notice

thereof to cure such default. In the event of a default made by Tenant in any

of the other covenants or conditions to be kept, observed and performed by

Tenant, Tenant shall have thirty (30) days after receipt of written notice

thereof to cure such default. In the event that the Tenant shall fail to cure any

default within the time allowed under this paragraph, 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 re-enter 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.

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.

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 party shall have any rights in or to any award made to the other by the

condemning authority.

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 mortgage 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 mortgage

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. 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 force 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.

Security Deposit.

Landlord shall hold the Security Deposit 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 Tenant shall not consider

the Security Deposit an advance payment of rent or a measure of Landlord's

damages in case of default. Unless otherwise provided by 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 restore the Security

Deposit to its original amount. If Tenant is not in default at the termination of

this Lease, Landlord shall return the balance of the Security Deposit

remaining after any such application to Tenant.

Notice.

Any notice required or permitted under this Lease shall be deemed sufficiently

given or served if sent by South African certified mail, return receipt

requested, addressed as follows:

Landlord:

Tenant:

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.

Brokers.

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.

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.

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.

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.

Successors.

The provisions of this Lease shall extend to and be binding upon Landlord

and Tenant and their respective legal representatives, successors and

assigns.

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.

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 instalment or instalments of rent payable hereunder until Tenant

shall have been fully reimbursed for such expenditures, together with interest

thereon at a rate equal to the lesser of:

______ percent (%) per annum or the then highest lawful rate. If this Lease

terminates prior to Tenant's receiving full reimbursement, Landlord shall pay

the un-reimbursed balance plus accrued interest to Tenant on demand.

Compliance with Law.

Tenant and Landlord each shall comply with all laws, orders, ordinances and

other public requirements now or hereafter affecting the Leased Premises.

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.

IN WITNESS WHEREOF, the parties have executed this Lease as of the day

and year first above written.

Landlord _____________________________________

Tenant______________________________________