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Fillable Printable California Commercial Lease Agreement

Fillable Printable California Commercial Lease Agreement

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 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.
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 for
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 personal 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 insurance 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 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.
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 party
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 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.
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 restore 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.
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.
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.
______________________________________________
______________________________________________
______________________________________________
, President
______________________________________________
, Secretary
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