Utah Commercial Lease Agreement

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Utah Commercial Lease Agreement Powered By Docstoc
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                             This Commercial Lease Agreement is used by individuals to lease the premises with Use,
                             Subletting, Damage, Alteration and Termination Clauses that will protect the best interests
                             of the landlord. It is used by either landlords or tenants to save money and secure the best
                             terms and conditions for the lease. This document is intended to allow the landlord to set
                             the price, length, security deposit, and other terms of a commercial lease. This document
                             is ideal for entities or other individuals located in Utah who want to enter into a standard
                             commercial lease agreement.
             ®




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                            COMMERCIAL LEASE AGREEMENT

THIS COMMERCIAL LEASE AGREEMENT (hereinafter referred to as the “Agreement”)
made and entered into this ____ [Month] ____ [Date], 20____ [Year], by and between
____________________________ [Instruction: Insert the name of Lessor or manager (if
applicable)] (hereinafter referred to as the “Lessor”) and ____________________________
[Instruction: Insert the name of Lessee] (hereinafter referred to as the “Lessee”).

WHEREAS, the Lessor wishes to Lease the premises (defined below) to the Lessee; and the
Lessee wishes to Lease those premises from the Lessor;

NOW, THEREFORE, in consideration for the mutual promises, covenants, and agreements
made below, the parties, intending to be legally bound, agree as follows:

1. Definitions:

   For purposes of this Agreement, the following terms will have the indicated definitions:

   a. “Agreement” This Agreement is by and between the Lessor and the Lessee.

   b. “Premises” The offices situated in the city of __________ [Insert the City], state of
      ___________ [Insert the State], described as __________________________ [Insert
      the address of the Premises], and having an area of approximately
      _____________________ [Insert the square footage) rentable square feet, particularly
      describe in Exhibit A.

2. Term and Rent:

   The Lessor leases the above Premises,

   Commencing on : ____ [Month] ____ [Date], 20____ [Year]

   Terminating on      : ____ [Month] ____ [Date], 20____ [Year]

   Both parties agree that this is in no way a month-to-month Lease. The Lessee shall pay to the
   Lessor as rent for the Premises, without demand, deduction, or rights of off-set, the following
   sums: equal monthly installments of ________ ($___) [Instruction: Insert the amount, e.g.,
   twenty thousand dollars ($20,000)], payable in advance on the __________ [fourth (◊
   4th)] day of each month. If that day falls on a weekend or legal holiday, the rent is due on the
   next business day. Rent shall be paid by personal check, money order, or cashier’s check
   only, to _________________________ [Instruction: Insert the name of the Lessor] at,
   ________________________________________, [Instruction: Insert the address of the
   Lessor] or at such other place as the Lessor shall designate from time to time.




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3. Late Charge/Bad Checks:

   If rental payments are not received by the date due, a collection charge of ________ ($___)
   [Instructions: Insert the amount of late charge, e.g., fifty dollars ($50)] in addition to the
   monthly rent will immediately become due and payable. In addition, for each check not
   honored by the Bank or Trust Company upon which it is drawn, a collection charge of
   ________ ($___) [Instructions: Insert the amount of bad checks charges, e.g., fifty
   dollars ($50)] in addition to the monthly rent will become immediately due and payable.

4. Security / Damage Deposit:

   The Lessee shall deposit with the Lessor the sum of one (1) month rent as a security deposit
   to secure the Lessee's faithful performance of the terms of this lease. After all the Lessees
   have vacated, leaving the premises vacant, the Lessor may use the security deposit for the
   cleaning of the premises, any unusual wear and tear to the premises or common areas, and
   any rent or other amounts owed pursuant to the lease agreement.

5. Use of Premises:

   a. Uses Permitted: The Lessee shall use and occupy the Premises for commercial use only.
      The Premises shall be for no other purpose. The Lessee represents that the Premises will
      lawfully be used for commercial purpose only and no other purpose.

   b. Uses Prohibited: The Lessee shall not do or permit anything to be done in or about the
      Premises nor bring or keep anything therein that will increase the existing rate or affect
      any fire or other insurance upon the building or any of its contents, or cause a
      cancellation of any insurance policy covering said building or any part of it or any of its
      contents, nor shall the Lessee sell or permit to be kept used or sold in or about said
      Premises any articles or substances, inflammable or otherwise, that may be prohibited by
      a standard form policy of fire insurance.

   c. The Lessee shall not do or permit anything to be done in or about the Premises that will
      in any way obstruct or interfere with the rights of other Lessees of the building or injure
      or annoy them or use or allow the Premises to be used for any unlawful or objectionable
      purpose.

   d. The Lessee shall not use the Premises or permit anything to be done in or about the
      Premises that will in any way conflict with any law now in force or that may hereafter be
      enacted. The Lessee shall at its cost promptly comply with all laws now in force or that
      may be in force hereafter and with the requirements of any board of fire underwriters or
      other similar body relating to the Lessee’s improvements or acts.

   e. The Lessee shall not use the Leased Premises for the purposes of storing, manufacturing
      or selling any explosives, inflammables, or other inherently dangerous substance,
      chemical, thing, or device.




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   f. The Lessee shall comply with any and all laws, ordinances, rules, and orders of any and
      all governmental or quasi-governmental authorities affecting the cleanliness, use,
      occupancy, and preservation of the Premises.

6. Assignment and Subletting:

   The Lessee shall have the right without the Lessor's consent, to assign this Lease to a
   corporation with which the Lessee may merge or consolidate, to any subsidiary of the Lessee,
   to any corporation under common control with the Lessee, or to a purchaser of substantially
   all of the Lessee's assets. Except as set forth above, the Lessee shall not sublease all or any
   part of the Leased Premises, or assign this Lease in whole or in part without the Lessor's
   consent, such consent not to be unreasonably withheld or delayed.

7. 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 the Lessee or any of the Lessee's agents,
      employees, or invitees, rent shall not be diminished or abated while such damages are
      under repair, and the Lessee shall be responsible for the costs of repair not covered by
      insurance.

   b. The Lessor shall maintain fire and extended coverage insurance on the building and the
      Leased Premises in such amounts as the Lessor shall deem appropriate. The Lessee 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. The Lessee and the Lessor 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 the Lessor, such insurance to afford
      minimum protection of not less than ________ ($___) [Instructions: Insert the amount
      of insurance, e.g., one thousand dollars ($1,000)] combined single limit coverage of
      bodily injury, property damage, or combination thereof. Lessor shall be listed as an
      additional insured on the Lessee's policy or policies of comprehensive general liability
      insurance, and the Lessee shall provide the Lessor with current Certificates of Insurance
      evidencing the Lessee's compliance with this Paragraph. The Lessee shall obtain the
      agreement of The Lessee's insurers to notify the Lessor that a policy is due to expire
      ________ (___) [Instructions: Insert the number of days, e.g., ten (10)] prior to such
      expiration. The Lessor shall not be required to maintain insurance against thefts within
      the Leased Premises or the building.

8. Alterations and Improvements:

   The Lessee shall not, without first obtaining the written consent of the Lessor, make any
   alterations, additions, or improvements, in, to, or about the Premises. Any such alterations,
   additions, or improvements, including, but not limited to, wall covering, paneling, and built-
   in cabinet work, but excepting movable furniture and trade fixtures, shall become a part of
   the realty, shall belong to the Lessor and/or be surrendered with the Premises at expiration or


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   termination of the Lease. If the Lessor consents to any such alterations, additions, or
   improvements by the Lessee, they shall be made by the Lessee at the Lessee’s cost, and any
   contractor or person selected by the Lessee to perform the work shall first be approved of, in
   writing, by the Lessor. Upon expiration, or sooner termination of the term, the Lessee shall,
   upon written demand by the Lessor, promptly remove any alterations, additions, or
   improvements made by the Lessee and designated by the Lessor to be removed. Such
   removal and repair of any damage to the Premises caused by such removal shall be at the
   Lessee's cost.

9. Entry:

   The Lessor shall have the right to enter upon the Leased Premises at reasonable hours to
   inspect the same, provided the Lessor shall not thereby unreasonably interfere with the
   Lessee's business on the Leased Premises.

10. Damage and Destruction:

   Subject to Section 7(a), 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
   the Lessee's purposes, then the Lessee shall have the right within ninety ___________ (___)
   [Instructions: Insert the number of days, e.g., ninety (◊ 90)] days following damage to
   elect by notice to the Lessor 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 the Lessee's purposes, the Lessor shall promptly
   repair such damage at the cost of the Lessor. In making the repairs called for in this
   paragraph, the Lessor 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 the Lessor. The Lessee shall not 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 the Lessee'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 the Lessee. The provisions of this paragraph extend not only to
   the matters aforesaid, but also to any occurrence which is beyond the Lessee'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 the Lessee's purposes.

11. 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 the Lessor and the Lessee 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.




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12. Possession of the Premises:

    The failure of the Lessee to take possession of the premises shall not relieve the Lessee of its
    obligation to pay rent. If the Lessor is unable to deliver possession of the premises for any
    reason not within the Lessor’s control, the Lessor shall not be liable for any damage caused
    thereby, nor will this Agreement be void or voidable, but the Lessee shall not be liable for
    any rent until possession is delivered. If the Lessor is unable to deliver possession within
    _______ [Instructions: Insert the number of days, e.g., four (◊ 4)] calendar days after the
    agreed commencement date, the Lessee may terminate this Agreement by giving written
    notice to the Lessor, and shall receive a refund of all rent and security deposits paid.

13. Hazardous Materials:

    The Lessee shall not keep on the Premises any item of a dangerous, inflammable, or
    explosive character that might unreasonably increase the danger of fire or explosion on the
    Premises or that might be considered hazardous or extra hazardous by any responsible
    insurance company.

14. Successors:

    The provisions of this Lease shall extend to and be binding upon the Lessor and the Lessee
    and their respective legal representatives, successors, and assigns.

15. Remedies Upon Default:

    If the Lessee defaults in the payment of rent, or any additional rent, or defaults in the
    performance of any of the other covenants or conditions of this Agreement, the Lessor may
    give the Lessee notice of such default, and if the Lessee does not cure any such default within
    Five (5) business days after the giving of such notice (or if such other default is of such a
    nature that it cannot be completely cured within such period, if the Lessee does not
    commence such curing within Seven (7) business days and thereafter proceed with
    reasonable diligence and in good faith to cure such default), then the Lessor may terminate
    this Lease by giving not less than Sixty (60) calendar days notice to the Lessee, pursuant to
    [STATUTE]. On the date specified in such notice the term of this Lease shall terminate, and
    the Lessee shall then quit and surrender the Premises to the Lessor, but the Lessee shall
    remain liable as hereinafter provided. If this Lease shall have been so terminated by the
    Lessor, the Lessor may at any time thereafter resume possession of the Premises by any
    lawful means and remove the Lessee or other occupants and their effects. No failure to
    enforce any term shall be deemed a waiver.

16. Utilities:

    The Lessee shall be responsible for arranging for and paying for all utility services required
    on the Premises.

17. Validity:




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    If any provision of this Agreement is held to be invalid, such invalidity shall not affect the
    validity or enforceability of any other provision of this Agreement.




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18. Governing law:

   This Agreement shall be governed, construed, and interpreted by, through, and under the
   Laws of the State of Utah.

19. Compliance with Law:

   The Lessee shall comply with all laws, orders, ordinances, and other public requirements
   now or hereafter pertaining to the Lessee's use of the Leased Premises. The Lessor shall
   comply with all laws, orders, ordinances, and other public requirements now or hereafter
   affecting the Leased Premises.

20. Modification:

   The parties hereby agree that this document contains the entire agreement between the parties
   and this Agreement shall not be modified, changed, altered, or amended in any way except
   through a written amendment signed by all of the parties hereto.

21. Notice:

   Any notice required or permitted under this Lease or under state law shall be deemed
   sufficiently given or served if sent by United States certified mail, return receipt requested,
   addressed as follows:

   If to the Lessor to:                        _____________________________________

                                               _____________________________________

                                               _____________________________________

                                               _____________________________________



   If to the Lessee to:                        _____________________________________

                                               _____________________________________

                                               _____________________________________

                                               _____________________________________

   [Instructions: Insert the addresses to be used to receive notice]

   The Lessor and the Lessee 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.




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22. Additional Provisions:

   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   [Instructions: Insert any other additional clauses the parties want to have]

23. Entire Agreement:

   This document constitutes the entire Agreement between the Lessee and the Lessor. This
   Agreement cannot be modified except in writing and must be signed by all parties. Neither
   the Lessor nor the Lessee has made any promises or representations, other than those set
   forth in this Agreement and those implied by law. The failure of the Lessee to comply with
   any term of this Agreement is a ground for termination of the tenancy, with appropriate
   notice to the Lessee and procedures as required by law.

IN WITNESS WHEREOF, the said parties hereto have set their hands and seals as of the date
first here above written

______________________________________________

[Lessor] Signature Block

______________________________________________

[Lessee] Signature Block




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                                            EXHIBIT A

                [Instructions: Insert detailed description of premises to be leased]




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Description: This Commercial Lease Agreement is used by individuals to lease the premises with Use, Subletting, Damage, Alteration and Termination Clauses that will protect the best interests of the landlord. It is used by either landlords or tenants to save money and secure the best terms and conditions for the lease. This document is intended to allow the landlord to set the price, length, security deposit, and other terms of a commercial lease. This document is ideal for entities or other individuals located in Utah who want to enter into a standard commercial lease agreement.
This document is also part of a package Essential Utah Legal Documents 145 Documents Included