Professional Grocery Store Contract of Lease

Professional Grocery Store Contract of Lease

I. Introduction

A. Purpose of the Agreement

  1. This Professional Grocery Store Contract of Lease (the “Lease”) is executed as of [Date], by and between [Your Company Name], a [State] corporation, hereinafter referred to as "Lessor," and [Lessee’s Name], an individual or business entity, hereinafter referred to as "Lessee."

  2. The primary purpose of this Lease is to establish a formal agreement under which the Lessor agrees to lease to the Lessee, and the Lessee agrees to lease from the Lessor, the premises specified below. This document outlines the rights, responsibilities, and obligations of both parties concerning the lease of the premises located at [Property Address], which is designated for use as a grocery store.

  3. Both parties acknowledge that this Lease is intended to provide a clear framework for the operation and management of the premises, ensuring mutual understanding and cooperation throughout the term of the Lease.

B. Identification of the Parties

  1. Lessor: [Your Company Name]

    • Address: [Your Company Address]

    • Contact Number: [Your Company Number]

    • Email: [Your Company Email]

    • The Lessor is the owner of the property and is responsible for maintaining the premises and fulfilling obligations as outlined in this Lease.

  2. Lessee: [Lessee's Full Name]

    • Address: [Lessee's Address]

    • Contact Number: [Lessee's Number]

    • Email: [Lessee's Email]

    • The Lessee is an individual or business entity that will be occupying the premises for the purpose of operating a grocery store, and is responsible for adhering to the terms set forth in this Lease.

II. Description of the Premises

A. Property Details

  1. The Premises, located at [Property Address], consist of approximately [square footage] square feet of retail space within [Property Name], a commercial building designed to accommodate various business activities. The retail space includes designated areas for grocery operations, storage, and customer service.

  2. The Premises come equipped with essential fixtures and fittings that are necessary for the operation of a grocery store. This includes but is not limited to refrigeration units, shelving, lighting fixtures, checkout counters, and storage areas. The Premises are designed to provide a functional environment conducive to the Lessee's business operations.

  3. The Lessor agrees to deliver the Premises in a condition suitable for use as a grocery store, including the maintenance of existing equipment and facilities. Any specific requests or modifications required by the Lessee should be communicated to the Lessor prior to the commencement of the Lease.

B. Condition of the Premises

  1. The Lessor represents and warrants that the Premises are in good condition and repair as of the commencement date of the Lease. This includes ensuring that all essential systems such as heating, ventilation, and air conditioning (HVAC) are operational and in good working order.

  2. The Lessee acknowledges that they have had the opportunity to inspect the Premises before signing this Lease and accepts the Premises in their current condition. The Lessee is responsible for notifying the Lessor of any defects or issues discovered during the initial inspection, which the Lessor will address in a timely manner.

  3. Any latent defects or issues that become apparent after the Lessee has taken possession of the Premises will be addressed in accordance with the maintenance and repair provisions of this Lease.

III. Term of the Lease

A. Lease Duration

  1. The term of this Lease shall commence on [Start Date] and shall continue for a period of 2 years, concluding on [End Date], unless terminated earlier in accordance with the provisions of this Lease. The term is designed to provide stability for the Lessee’s business operations while offering a clear end date for planning purposes.

  2. The Lessee acknowledges that the Lease term may be subject to extension or modification based on mutual agreement between the parties. Any such extensions or modifications will be documented in writing and signed by both parties.

B. Renewal Option

  1. The Lessee is granted the option to renew this Lease for an additional term of 2 years, subject to the terms and conditions specified herein. To exercise this option, the Lessee must provide written notice to the Lessor at least 6 months prior to the expiration of the initial Lease term.

  2. The renewal term shall be on the same terms and conditions as the original Lease, except for adjustments in rent or other provisions as mutually agreed upon by the parties. Any changes to the terms of the renewal shall be documented in a written amendment to the Lease.

  3. If the Lessee fails to provide timely notice of their intention to renew, or if the Lessee is in default under any terms of this Lease at the time of renewal, the option to renew may be deemed void at the Lessor’s discretion.

IV. Rent and Security Deposit

A. Base Rent

  1. The Lessee agrees to pay to the Lessor a base rent of $10,000 per month. Rent payments are due in advance on the first day of each month during the term of this Lease. The base rent amount is agreed upon as compensation for the use of the Premises and is reflective of market rates and property value.

  2. Payments shall be made to [Your Company Name] at the address specified in Section I.B or to such other address as the Lessor may designate in writing. The Lessee is responsible for ensuring that rent payments are made on time and in full to avoid any late fees or penalties.

  3. Rent adjustments may be applied annually based on criteria such as inflation, cost of living index, or a fixed percentage increase, as detailed in an addendum to this Lease, which both parties must review and agree upon.

B. Additional Rent

  1. In addition to the base rent, the Lessee shall be responsible for paying 20% of the property taxes, insurance premiums, and maintenance costs associated with the Premises. These costs are in addition to the base rent and are intended to cover shared expenses related to the property.

  2. The Lessor will provide a detailed statement of these additional costs on a Quarterly basis. The Lessee shall make payment of these additional costs within 14 days of receipt of the statement. Failure to pay additional rent on time may result in penalties as outlined in Section VIII.B.

  3. The Lessee shall also be responsible for any utility costs, including electricity, water, and gas, that are directly attributable to their use of the Premises. These utility costs will be billed separately by the utility providers.

C. Security Deposit

  1. Upon the execution of this Lease, the Lessee shall deposit with the Lessor a security deposit in the amount of $6,000. This deposit is intended as security for the faithful performance of all terms, covenants, and conditions of this Lease, and may be used to cover any damages or unpaid amounts owed by the Lessee.

  2. The security deposit shall be held in a separate, interest-bearing account, and the Lessor shall return the deposit to the Lessee within 30 days after the expiration or termination of this Lease, less any deductions for damages, unpaid rent, or other charges.

  3. If the Lessee breaches any terms of this Lease or fails to perform any obligations, the Lessor may deduct the cost of remedying the breach from the security deposit. The Lessee shall replenish the security deposit to its full amount within 30 days of notification if any deductions are made.

V. Use of the Premises

A. Permitted Use

  1. The Premises shall be used solely for the purpose of operating a grocery store, including but not limited to the sale of food products, beverages, and related items. The Lessee shall not use or permit the use of the Premises for any other commercial activity without obtaining the prior written consent of the Lessor.

  2. The Lessee agrees to maintain the Premises in a manner consistent with the operational standards of a professional grocery store, including adhering to all relevant health and safety regulations. The Lessee shall ensure that the store operates during agreed-upon business hours and meets customer service expectations.

  3. The Lessee shall not use the Premises for any activities that would disrupt the neighboring businesses or violate any zoning laws or regulations. Any proposed changes to the nature of the business or expansion of services must be communicated to and approved by the Lessor.

B. Compliance with Laws

  1. The Lessee agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances related to the use and occupancy of the Premises. This includes compliance with building codes, health and safety regulations, and any other legal requirements pertinent to operating a grocery store.

  2. The Lessee shall obtain and maintain all necessary licenses and permits required for the lawful operation of their business on the Premises. This includes, but is not limited to, business licenses, food handling permits, and sales tax permits.

  3. In the event of any changes in laws or regulations that affect the operation of the grocery store, the Lessee shall promptly make any necessary adjustments to ensure continued compliance. The Lessor shall be notified of such changes and their impact on the business operations.

C. Maintenance and Repairs

  1. The Lessee is responsible for maintaining the interior of the Premises in good condition, including but not limited to cleaning, repairing, and replacing fixtures, fittings, and equipment as needed. The Lessee shall ensure that the Premises are kept clean and free of debris, and that any damage caused by the Lessee or their customers is promptly repaired.

  2. The Lessor shall be responsible for maintaining and repairing the exterior and structural components of the Premises, including the roof, walls, foundation, and common areas. The Lessor shall also address any issues related to the building’s HVAC system, plumbing, and electrical systems, unless such issues are caused by the Lessee’s actions or negligence.

  3. The Lessee shall promptly notify the Lessor of any maintenance or repair needs that fall under the Lessor’s responsibility. The Lessor shall respond to such notices in a timely manner to ensure that the Premises remain in good working order.

VI. Alterations and Improvements

A. Lessee's Right to Make Alterations

  1. The Lessee shall not make any alterations, additions, or improvements to the Premises without obtaining the prior written consent of the Lessor. This includes changes to the layout, installation of additional fixtures, or modifications to existing structures. Such alterations must comply with all applicable laws and regulations.

  2. Any alterations, additions, or improvements made by the Lessee shall be performed at their own expense, and the Lessee shall ensure that such work is completed by licensed and qualified contractors. The Lessee shall also obtain all necessary permits and approvals before commencing any work.

  3. Upon completion of any approved alterations or improvements, the Lessee shall provide the Lessor with copies of any applicable permits, certificates of occupancy, or other documentation verifying compliance with regulatory requirements.

B. Restoration of the Premises

  1. Upon the expiration or termination of this Lease, the Lessee shall restore the Premises to their original condition, subject to reasonable wear and tear. This includes removing any alterations, additions, or improvements made by the Lessee, unless otherwise agreed in writing by the Lessor.

  2. If the Lessee fails to restore the Premises to the required condition, the Lessor may undertake the necessary restoration work and deduct the associated costs from the security deposit. The Lessee shall be responsible for reimbursing the Lessor for any costs exceeding the amount of the security deposit.

  3. The Lessor may also require the Lessee to remove any signage, fixtures, or equipment that was installed during the Lease term, and to repair any damage caused by the removal of such items.

VII. Insurance and Indemnity

A. Lessee's Insurance Obligations

  1. The Lessee shall maintain commercial general liability insurance with coverage of at least $10,000 per occurrence and $5,000 in aggregate. This insurance policy shall name the Lessor as an additional insured party and shall cover claims arising out of the Lessee’s use and occupancy of the Premises.

  2. The Lessee shall also maintain property insurance covering all personal property, inventory, and improvements made by the Lessee. This insurance shall be sufficient to cover the replacement cost of such items and shall include coverage for business interruption.

  3. The Lessee shall provide the Lessor with certificates of insurance evidencing the required coverage and shall ensure that such insurance remains in force throughout the term of the Lease. The Lessee shall promptly notify the Lessor of any changes in coverage or insurance providers.

B. Lessor's Insurance Obligations

  1. The Lessor shall maintain property insurance covering the building and common areas in which the Premises are located. This insurance shall include coverage for fire, storm damage, and other risks commonly covered by commercial property insurance.

  2. The Lessor shall also maintain liability insurance covering the common areas and any liability arising from their ownership and management of the property. This insurance shall include coverage for slip-and-fall accidents and other incidents occurring in the common areas.

  3. The Lessor shall provide the Lessee with proof of such insurance upon request and shall notify the Lessee of any changes in coverage or insurance providers.

C. Indemnity

  1. The Lessee agrees to indemnify and hold harmless the Lessor, their agents, employees, and contractors from and against any and all claims, damages, losses, and expenses, including attorney’s fees, arising out of or in connection with the Lessee’s use and occupancy of the Premises. This includes claims for property damage, personal injury, or other losses caused by the Lessee’s actions or negligence.

  2. This indemnity obligation shall apply to claims arising from the operation of the grocery store, including but not limited to customer injuries, product liability, and violations of applicable laws or regulations.

  3. The Lessor agrees to indemnify and hold harmless the Lessee from and against any claims arising from the Lessor’s ownership of the property or from any actions or omissions of the Lessor or their agents that are not related to the Lessee’s use of the Premises.

VIII. Default and Remedies

A. Events of Default

  1. The following events shall constitute defaults under this Lease:

    • Failure by the Lessee to pay rent or any other amounts due under this Lease within 30 days of the due date.

    • Failure by the Lessee to comply with any term, covenant, or condition of this Lease within 30 days after receiving written notice of such failure from the Lessor.

    • Abandonment of the Premises by the Lessee, defined as the Lessee’s cessation of business operations or leaving the Premises unoccupied for more than 30 days without prior written consent of the Lessor.

  2. An event of default also includes any bankruptcy, insolvency, or similar proceeding involving the Lessee, or if the Lessee makes an assignment for the benefit of creditors.

B. Remedies

  1. Upon the occurrence of an event of default, the Lessor may, at their option, terminate this Lease by providing written notice to the Lessee. This notice shall specify the nature of the default and the Lessor’s intent to terminate the Lease.

  2. The Lessor may recover possession of the Premises by legal process or otherwise, and may seek damages for any loss suffered due to the default, including lost rent, repair costs, and other expenses incurred in connection with re-letting the Premises.

  3. The Lessor may also seek to enforce any other remedies available under the law, including seeking specific performance or injunctive relief. The Lessee shall be responsible for all costs associated with enforcing the Lessor’s rights, including attorney’s fees and court costs.

  4. The exercise of any remedy by the Lessor shall not preclude the Lessor from seeking other remedies or from pursuing any other legal or equitable relief available under the law.

IX. Miscellaneous Provisions

A. Notices

  1. All notices required or permitted under this Lease shall be in writing and shall be deemed delivered when sent by certified mail, return receipt requested, or by a nationally recognized overnight courier service to the addresses specified in Section I.B. Notices may also be delivered in person with acknowledgment of receipt.

  2. Either party may change their address for notice purposes by providing written notice of the new address to the other party. Notices shall be deemed effective on the date of receipt or on the date specified in the notice if delivered by mail or courier.

B. Assignment and Subletting

  1. The Lessee shall not assign or sublet the Premises or any part thereof without the prior written consent of the Lessor. Such consent shall not be unreasonably withheld, but the Lessor may require reasonable conditions to ensure that the assignee or subtenant is financially responsible and capable of fulfilling the obligations under this Lease.

  2. Any assignment or subletting without the Lessor’s consent shall be void and shall constitute a default under this Lease. The Lessor may require the immediate removal of any unauthorized assignee or subtenant and may seek damages for any losses incurred due to the unauthorized transfer.

  3. If the Lessee assigns or sublets the Premises with the Lessor’s consent, the Lessee shall remain liable for all obligations under this Lease, including any obligations arising from the acts or omissions of the assignee or subtenant.

C. Governing Law

  1. This Lease shall be governed by and construed in accordance with the laws of the state in which the Premises are located. Any disputes arising from this Lease shall be resolved in accordance with the legal principles of that state.

  2. The parties agree that any legal action arising out of or in connection with this Lease shall be brought in the courts of the state in which the Premises are located. The parties consent to the jurisdiction of such courts and agree to waive any objections to venue or jurisdiction.

D. Entire Agreement

  1. This Lease constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. It is intended to be a complete and exclusive statement of the terms of the agreement between the parties.

  2. This Lease may be amended only by a written agreement signed by both parties. Any modifications or additions to this Lease must be in writing and executed with the same formalities as this Lease.

E. Waiver

  1. The failure of either party to enforce any provision of this Lease shall not be deemed a waiver of such provision or the right to enforce it in the future. A waiver of any breach of this Lease shall not constitute a waiver of any subsequent breach or default.

  2. No waiver of any provision of this Lease shall be effective unless made in writing and signed by the party granting the waiver. The waiver of a provision does not operate as a waiver of any other provision.

F. Severability

  1. If any provision of this Lease is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified or replaced to the extent necessary to make it valid and enforceable while achieving the original intent of the parties.

  2. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the same economic effect and purpose as the original provision.

G. Counterparts

  1. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Each counterpart shall be considered an integral part of the Lease, and together they shall form a single, binding agreement.

  2. A signed copy of this Lease delivered by facsimile, email, or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy. The electronic transmission of signatures shall be considered valid and binding for all purposes.

X. Signatures

A. Lessor's Signature

By signing below, the Lessor agrees to lease the Premises to the Lessee in accordance with the terms and conditions set forth in this Lease. The signature of the Lessor signifies acceptance of all terms and a commitment to fulfill the obligations specified herein.

Lessor: [Your Company Name]

Name: [Your Name]

Title: [Your Title]

Date: [Date]

B. Lessee's Signature

By signing below, the Lessee agrees to lease the Premises from the Lessor in accordance with the terms and conditions set forth in this Lease. The signature of the Lessee signifies acceptance of all terms and a commitment to fulfill the obligations specified herein.

Lessee: [Lessee's Full Name]

Name: [Lessee's Name]

Title: [Lessee's Title]

Date: [Date]

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