Fillable Printable Massachusetts Commercial Lease Agreement

Massachusetts Commercial Lease Agreement

MASSACHUSETTS COMMERCIAL LEASE AGREEMENT

1. PARTIES LESSOR, which expression shall include heirs, successors

(fill in) and assigns where the context so admits, does hereby lease to .

LESSEE, which expression shall include successors,

executors, administrators, and assigns where the context so admits, and

the LESSEE hereby leases the following described premises:

2. PREMISES ________________________________________________________________

(fill in and include,

if applicable, suite ________________________________________________________________

number, floor

number, and square ________________________________________________________________

feet).

together with the right to use in common, with others entitled thereto, the

hallways, stairways, and elevators, necessary for access to said leased premises,

and lavatories nearest thereto.

3. TERM The term of this lease shall be for commencing on _________

(fill in) and ending on .

4. RENT The LESSEE shall pay to the LESSOR rent at the rate of dollars

(fill in) per year, payable in advance in monthly installments of _________.

5. SECURITY Upon the execution of this lease, the LESSEE shall pay to the LESSOR the

DEPOSIT amount of dollars, which shall be held as a security for the

(fill in) LESSEE’s performance as herein provided and refunded to the LESSEE at the

end of this lease subject to the LESSEE’s satisfactory compliance with the

conditions hereof.

6. RENT If in any tax year commencing with the fiscal year , the real estate taxes on

ADJUSTMENT the land and buildings, of which the leased premises are a part, are in excess of

the amount of the real estate taxes thereon for the fiscal year (hereinafter

called the “Base Year”), LESSEE will pay to LESSOR as additional rent

hereunder, when and as designated by notice in writing by LESSOR, per

cent of such excess that may occur in each year of the term of this lease or any

A. TAX extension or renewal thereof and proportionately for any part of a fiscal year.

ESCALATION If the Lessor obtains an abatement of any such excess real estate tax, a

(fill in or delete) proportionate share of such abatement, less the reasonable fees and costs

incurred in obtaining the same, if any, shall be refunded to the LESSEE.

B. OPERATING The LESSEE shall pay to the LESSOR as additional rent hereunder when and as

COST designated by notice in writing by LESSOR, % percent of any increase in

ESCALATION operating expenses over those incurred during the calendar year .

(fill in or delete) Operating expenses are defined for the purpose of this agreement as:

________________________________________________________________

This increase shall be prorated should this lease be in effect with respect to only

a portion of any calendar year.

C. CONSUMER (1) LESSEE agrees that in the event the “Consumer Price Index for Urban Wage

PRICE Earners and Clerical Workers, U.S. City Average, All Items (1967=100)”

ESCALATION (Hereinafter referred to as the “Price Index”) published by the Bureau of Labor

(fill in or delete) Statistics of the United States Department of Labor, or any comparable

successor or substitute index designated by the LESSOR appropriately adjusted,

reflects an increase in the cost of living over and above the cost of living as

reflected by the Price Index for the month of , 20 (hereinafter called

the “Base Price Index”), the Basic Rent shall be adjusted in accordance with

sub-paragraph (2) of this Article.

(2) Commencing as of the first anniversary of the Term Commencement Date,

there shall be an adjustment (hereinafter referred to as “Adjustment”) in the

Basic Rent calculated by multiplying the Basic Rent set forth in Article 4 of the

lease by a fraction, the numerator of which shall be the Price Index for the

month of 20 and the denominator of which (for each such fraction)

shall be the Base Price Index: PROVIDED, HOWEVER, no Adjustment shall

reduce the Basic Rent as previously payable in accordance with this Article or

in Article 4 of this lease.

(3) In the event the Price Index ceases to use the 1967 average of 100 as the

basis of calculation, or if a substantial change is made in the terms or number of

items contained in the Price Index, then the Price Index shall be adjusted to the

figure that would have been arrived at had the manner of computing the Price

Index in effect at the date of this lease not been changed.

7. UTILITIES The LESSEE shall pay, as they become due, all bills for electricity and other

utilities (whether they are used for furnishing heat or other purposes) that are

furnished to the leased premises and presently separately metered, and all bills

*delete “air conditioning” for fuel furnished to a separate tank servicing the leased premises exclusively.

If not applicable The LESSOR agrees to provide all other utility service and to furnish reasonably

hot and cold water and reasonable heat and air conditioning*(except to the

extent that the same are furnished through separately metered utilities or

separate fuel tanks as set forth above) to the leased premises, the hallways,

stairways, elevators, and lavatories during normal business hours on regular

business days of the heating and air conditioning* seasons of each year, to

furnish elevator service and to light passageways and stairways during business

hours, and to furnish such cleaning service as is customary in similar buildings

in said city or town, all subject to interruption due to any accident, to the making

of repairs, alterations, or improvements, to labor difficulties, to trouble in

obtaining fuel, electricity, service, or supplies from the sources from which they

are usually obtained for said building, or to any cause beyond the LESSOR’s

control.

LESSOR shall have no obligation to provide utilities or equipment other than

the utilities and equipment within the premises as the commencement date of

this lease. In the event LESSEE requires additional utilities or equipment, the

installation and maintenance thereof shall be the LESSEE’s sole obligation,

provided that such installation shall be subject to the written consent of the

LESSOR.

8. USE OF The LESSEE shall use the leased premises only for the purpose of:

LEASED

PREMISES ________________________________________________________________

(fill in)

9. COMPLIANCE The LESSEE acknowledges that no trade or occupation shall be conducted in

WITH LAWS the leased premises or use made thereof which will be unlawful, improper,

noisy or offensive, or contrary to any law of any municipal by-law or ordinance

in force in the city or town in which the premises are situated.

10. FIRE The LESSEE shall not permit any use of the leased premises which will make

INSURANCE voidable any insurance on the property of which the leased premises are a part,

or on the contents of said property or which shall be contrary to any law or

regulation from time to time established by the New England Fire Insurance

Rating Association, or any similar body succeeding to its powers. The LESSEE

shall on demand reimburse the LESSOR, and all other tenants, all extra

insurance premiums caused by the LESSEE’s use of the premises.

11. MAINTENANCE The LESSEE agrees to maintain the leased premises in good condition, damage

by fire and other casualty only excepted, and whenever necessary, to replace

plate glass and other glass therein, acknowledging that the leased premises

A. LESSEE’S are now in good order and the glass whole. The LESSEE shall not permit

OBLIGATIONS the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer

any waste. LESSEE shall obtain written consent of LESSOR before erecting

any sign on the premises.

B. LESSOR’S

OBLIGATIONS The LESSOR agrees to maintain the structure of the building of which the

leased premises are a part in the same condition as it is at the commencement of

the term or as it may be put in during the term of this lease, reasonable wear and

tear, damage by fire and other casualty only excepted, unless such maintenance

is required because of the LESSEE or those whose conduct the LESSEE is

legally responsible.

12. ALTERATIONS The LESSEE shall not make structural alterations or additions to the leased

ADDITIONS premises, but may make non-structural alterations provided the LESSOR

consents thereto in writing, which consent shall not be unreasonably withheld or

delayed. All such allowed alterations shall be at LESSEE’s expense and shall

be in quality at least equal to the present construction. LESSEE shall not permit

any mechanics’ liens, or similar liens to remain upon the leased premises for

labor and material furnished to LESSEE or claimed to have been furnished to

LESSEE in connection with work of any character performed or claimed to

have been performed at the direction of LESSEE and shall cause any such lien

to be released of record forthwith without cost to LESSOR. Any alterations

or improvements made by the LESSEE shall become the property of the

LESSOR at the termination of occupancy as provided herein.

13. ASSIGNMENT The LESSEE shall not assign or sublet the whole or any part of the leased

SUBLEASING premises without LESSOR’s prior written consent. Notwithstanding such

consent, LESSEE shall remain liable to LESSOR for the payment of all rent

and for the full performance of the covenants and conditions of this lease.

14. SUBORD-

INATION This lease shall be subject and subordinate to any and all mortgages, deeds

of trust and other instruments in the nature of a mortgage, now or at any time

hereafter, a lien or liens on the property of which the leased premises are a part

and the LESSEE shall, when requested, promptly execute and deliver such

written instruments as shall be necessary to show the subordination of this lease

to said mortgages, deeds of trust or other such instruments in the nature of a

mortgage.

15. LESSOR’S The LESSOR or agents of the LESSOR may, at reasonable times, enter to view

ACCESS the leased premises and may remove placards and signs not approved and

affixed as herein provided, and make repairs and alterations as LESSOR should

elect to do and may show the leased premises to others, and at any time within

three (3) months before the expiration of the term, may affix to any suitable part

of the leased premises a notice for letting or selling the leased premises or

property of which the leased premises are a part and keep the same so affixed

without hindrance or molestation.

16. INDEMNIFI- The LESSEE shall save the LESSOR harmless from all loss and damage

CATION AND occasioned by the use or escape of water or by the bursting of pipes, as well

LIABILITY as from any claim or damage resulting from neglect in not removing snow and

(fill in) ice from the roof of the building or from the sidewalks bordering upon the

premises so leased, or by any nuisance made or suffered on the leased premises,

unless such loss is caused by the neglect of the LESSOR. The removal of snow

and ice from the sidewalks bordering upon the leased premises shall be

responsibility.

17. LESSEE’S The LESSEE shall maintain with respect to the leased premises and the property

LIABILITY of which the leased premises are a part comprehensive public liability insurance

INSURANCE in the amount of with property damage insurance in limits of

(fill in) in responsible companies qualified to do business in

Massachusetts and in good standing therein insuring the LESSOR as well as

LESSEE against injury to persons or damage to property as provided. The

LESSEE shall deposit with the LESSOR certificates for such insurance at or

prior to the commencement of the term, and thereafter within thirty (30) days

prior to the expiration of any such policies. All such insurance certificates shall

provide that such policies shall not be cancelled without at least ten (10) days

prior written notice to each assured named therein.

18. FIRE Should a substantial portion of the leased premises, or of the property of which

CASUALTY - they are a part, be substantially damaged by fire or other casualty, or be taken by

EMINENT eminent domain, the LESSOR may elect to terminate this lease. When such fire,

DOMAIN casualty, or taking renders the leased premises substantially unsuitable for their

intended use, a just and proportionate abatement of rent shall be made, and the

LESSEE may elect to terminate this lease if:

(a) The LESSOR fails to give written notice within thirty (30) days of

intention to restore leased premises, or

(b) The LESSOR fails to restore the leased premises to a condition

substantially suitable for their intended use within ninety (90) days of

said fire, casualty or taking.

18. (CONT.) The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which

the LESSEE may have for damages or injury to the leased premises for any

taking by eminent domain, except for damage to the LESSEE’s fixtures,

property, or equipment.

19. DEFAULT In the event that:

AND BANK- (a) The LESSEE shall default in the payment of any installment of rent

RUPTCY or other sum herein specified and such default shall continue for ten

(10) days after written notice thereof; or

(fill in) (b) The LESSEE shall default in the observance or performance of any

other of the LESSEE’s covenants, agreements, or obligations

hereunder and such default shall not be corrected within thirty (30)

days after written notice thereof; or

law, or, if any assignment shall be made of LESSEE’s property for

the benefit for creditors.

then the LESSOR shall have the right thereafter, which such default continues,

to re-enter and take complete possession of the leased premises, to declare the

term of this lease ended, and remove the LESSEE’s effects, without prejudice

to any remedies which might be otherwise used for arrears of rent or other

default. The LESSEE shall indemnify the LESSOR against all loss of rent and

other payments which the LESSOR may incur by reason of such termination

during the residue of the term. If the LESSEE shall default, after reasonable

notice thereof, in the observance or performance of any conditions or covenants

on LESSEE’s part to be observed or performed under or by virtue of any of the

provisions in any article of this lease, the LESSOR, without being under any

obligation to do so and without thereby waiving such default, may remedy such

default for the account and at the expense of the LESSEE. If the LESSOR

makes any expenditures or incurs any obligations for the payment of money in

connection therewith, including but not limited to, reasonable attorney’s fees in

instituting, prosecuting or defending any action or proceeding, such sums paid

or obligations insured, with interest at the rate of per cent per annum and

costs, shall be paid to the LESSOR by the LESSEE as additional rent.

20. NOTICE Any notice from the LESSOR to the LESSEE relating to the leased premises or

to the occupancy thereof, shall be deemed duly served, if left at the leased

(fill in) premises addressed to the LESSEE, or if mailed to the leased premises,

registered or certified mail, return receipt requested, postage prepaid, addressed

to the LESSEE. Any notice from the LESSEE to the LESSOR relating to the

leased premises or to the occupancy thereof shall be deemed duly served, if

mailed to the LESSOR by registered or certified mail, return receipt requested,

postage prepaid addressed to the LESSOR at such address as the LESSOR may

from time to time advise in writing. All rent notices shall be paid and sent to the

LESSOR at the agreed mailing address.

21. SURRENDER The LESSEE shall at the expiration or other termination of this lease remove all

LESSEE’s goods and effects from the leased premises, (including, without

hereby limiting the generality of the foregoing, all signs and lettering affixed or

21. (Cont.) painted by the LESSEE, either inside or outside the leased premises). LESSEE

shall deliver to the LESSOR the leased premises and all keys, locks thereto, and

other fixtures connected therewith and all alterations and additions made to or

upon the leased premises, in good condition, damage by fire or other casualty

only excepted. In the event of the LESSEE’s failure to remove any of LESSEE’s

property from the premises, LESSOR is hereby authorized, without liability to

LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove

and store any of the property at LESSEE’s expense, or to retain same under

LESSOR’s control or to sell at public or private sale, without notice any or all of

the property not so removed and to apply the net proceeds of such sale to the

payment of any sum due hereunder, or to destroy such property.

22. BROKERAGE The Broker(s) name herein

warrant(s) that he (they) is (are) licensed as such by the Commonwealth of

Massachusetts, and join(s) in this agreement and become(s) a party hereto,

insofar as any provisions of this agreement expressly apply to him (them),

and to any amendments or modifications of such provisions to which he (they)

agree(s) in writing.

LESSOR agrees to pay the above-named Broker upon the term commencement

date a fee for professional services of

or pursuant to Broker’s attached commission schedule.

23. OTHER It is understood and agreed that:

PROVISIONS

________________________________________________________________

UPON WITHNESS WHEREOF, the said aprties hereunto set their hands and seals this _________

day of _____________________, 20___.

______________________________ ______________________________

LESSEE LESSOR

______________________________ ______________________________

LESSEE LESSOR

______________________________

BROKER(S)