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SOUTH CAROLINA COMMERCIAL LEASE AGREEMENT
I. The Parties. This Commercial Lease Agreement (“Agreement”) made this
_________________, 20____ by and between:
Landlord. _____________________________________ [Landlord’s Name], of
________________________________________________ [Landlord’s Street
Address], State of ________________, (“Landlord”)
AND
Tenant. _____________________________________ [Tenant’s Name], of
________________________________________________ [Tenant’s Street Address],
State of ________________, (“Tenant”). Collectively, the Landlord and Tenant shall be
referred to herein as the “Parties”.
The Parties agree as follows:
II. DESCRIPTION OF LEASED PREMISES. The Landlord agrees to lease to the Tenant
the following described ________ square feet (SF) of _____________ [Type of Space]
located at ________________________________________________ [Property Street
Address], State of South Carolina.
Additional Description: ____________________________________________________
Hereinafter known as the “Premises”.
III. USE OF LEASED PREMISES. The Landlord is leasing the Premises to the Tenant
and the Tenant is hereby agreeing to lease the Premises for the following use and
purpose: _______________________________________________________________
Any change in use or purpose the Premises other than as described above shall be
upon prior written consent of Landlord only.
IV. TERM OF LEASE. The term of this Lease shall be for a period of ____ year(s) ____
month(s) commencing on the ____ day of _________________, 20____ and expiring at
Midnight on the ____ day of _________________, 20____. (“Initial Term”)
V. BASE RENT. The net monthly payment shall be __________________ dollars
($_______________), payable monthly with the first payment due upon the
commencement of the Lease and each monthly installment payable thereafter on the
____ day of each month (“Base Rent”). Rent payment for any period during the term
hereon, which is for less than 1 month shall be a pro-rata portion of the monthly rent.
VI. OPTION TO RENEW: (check one)
- Tenant may not renew the Lease.
- Tenant may have the right to renew the Lease with a total of ____ renewal period(s)
with each term being ____ year(s) ____ month(s) which may be exercised by giving
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written notice to Landlord no less than 60 days prior to the expiration of the Lease or
renewal period.
Rent for each option period shall: (check one)
- Not increase.
- Increase as calculated by multiplying the Base Rent by the annual change in
the Consumer Price Index (CPI) published by the Bureau of Labor Statistics by
the most recent publication to the option period start date.
- Increase by ____%
- Increase by ___________________ dollars ($_______________)
VII. EXPENSES. [Check and Initial whether this Lease is Gross, Modified Gross, or
Triple Net (NNN)]
- GROSS. Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease be considered a Gross Lease and as
such, the Base Rent is the entirety of the monthly rent. Therefore, the Tenant is not
obligated to pay any additional expenses which includes utilities, real estate taxes,
insurance (other than on the Tenant’s personal property), charges or expenses of any
nature whatsoever in connection with the ownership and operation of the Premises. The
Landlord shall be obligated to maintain the general exterior structure of the Premises, in
addition, shall maintain all major systems such as the heating, plumbing, and electrical.
The parking area shall be maintained by the Landlord including the removal of any snow
or environmental hazards as well as the grounds and lands surrounding the Premises.
The Landlord shall maintain at their expense casualty insurance for the Premises
against loss by fire which may or may not include any extended coverage. The Tenant
will provide and maintain personal liability and property damage insurance as a tenant,
at least to the limits of One Million Dollars ($1,000,000.00), that will designate the
Landlord as an "also named insured", and shall provide the Landlord with a copy of such
insurance certification or policy prior to the effective date of this Lease.
- MODIFIED GROSS. Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease shall be considered a “Modified Gross
Lease”.
In addition to the Base Rent, the Tenant shall be obligated to pay the following monthly
expenses: _____________________________________________________________
______________________________________________________________________
______________________________________________________________________
Landlord shall pay the following monthly expenses: _____________________________
______________________________________________________________________
______________________________________________________________________
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- TRIPLE NET (NNN). Tenant’s Initials _____ Landlord’s Initials _____
It is the intention of the Parties that this Lease shall be considered a “Triple Net Lease”.
I. Operating Expenses. The Landlord shall have no obligation to provide any
services, perform any acts, or pay expenses, charges, obligations or costs of
any kind whatsoever with respect to the Premises. The Tenant hereby agrees
to pay one-hundred percent (100%) of any and all Operating Expenses as
hereafter defined for the entire term of the Lease and any extensions thereof in
accordance with specific provisions hereinafter set forth. The term “Operating
Expenses” shall include all costs to the Landlord of operating and maintaining
the Premises, and shall include, without limitation, real estate and personal
property taxes and assessments, management fee(s), heating, air conditioning,
HVAC, electricity, water, waste disposal, sewage, operating materials and
supplies, service agreements and charges, lawn care, snow removal,
restriping, repairs, repaving, cleaning and custodial, security, insurance, the
cost of contesting the validity or applicability of any governmental acts which
may affect operating expenses, and all other direct operating costs of operating
and maintaining the Premises and related parking areas, unless expressly
excluded from operating expenses.
II. Taxes. Tenant shall pay, during the term of this Lease, the real estate taxes
including any special taxes or assessments (collectively, the "taxes")
attributable to the Premises and accruing during such term. Tenant, at
Landlord’s option, shall pay to Landlord said taxes on a monthly basis, based
on one-twelfth (1/12) of the estimated annual amount for taxes. Taxes for any
fractional calendar year during the term hereof shall be prorated. In the event
the Tenant does not make any tax payment required hereunder, Tenant shall
be in default of this Lease.
III. Insurance. Tenant shall maintain, at all times during the Term of this Lease,
comprehensive general liability insurance in an insurance company licensed to
do business in the State in which the Premises is located and that is
satisfactory to Landlord, properly protecting and indemnifying Landlord with
single limit coverage of not less than ______________________ dollars
($__________________) for injury to or ______________________ dollars
($__________________) death of persons and ______________________
dollars ($__________________) for property damage. During the Term of this
Lease, Tenant shall furnish the Landlord with certificate(s) of insurance, in a
form acceptable to Landlord, covering such insurance so maintained by Tenant
and naming Landlord and Landlord’s mortgagees, if any, as additional insured.
VIII. SECURITY DEPOSIT. In addition to the above, a deposit in the amount of
______________________ dollars ($__________________), shall be due and payable
in advance or at the signing of this Lease, hereinafter referred to as the “Security
Deposit”, and shall be held in escrow by the Landlord in a separate, interest-bearing
savings account as security for the faithful performance of the terms and conditions of
the Lease. The Security Deposit may not be used to pay the last month’s rent unless
written permission is granted by the Landlord.
IX. LEASEHOLD IMPROVEMENTS. The Tenant agrees that no leasehold
improvements, alterations or changes of any nature, (except for those listed on any
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attached addenda) shall be made to the leasehold premises or the exterior of the
building without first obtaining the consent of the Landlord in writing, which consent shall
not be unreasonably withheld, and thereafter, any and all leasehold improvements made
to the Premises which become affixed or attached to the leasehold Premises shall
remain the property of the Landlord at the expiration or termination of this Lease
Agreement. Furthermore, any leasehold improvements shall be made only in
accordance with applicable federal, state or local codes, ordinances or regulations,
having due regard for the type of construction of the building housing the subject
leasehold Premises. If the Tenant makes any improvements to the Premises the Tenant
shall be responsible payment, except the following _____________________________.
Nothing in the Lease shall be construed to authorize the Tenant or any other person
acting for the Tenant to encumber the rents of the Premises or the interest of the Tenant
in the Premises or any person under and through whom the Tenant has acquired its
interest in the Premises with a mechanic’s lien or any other type of encumbrance. Under
no circumstance shall the Tenant be construed to be the agent, employee or
representative of Landlord. In the event a lien is placed against the Premises, through
actions of the Tenant, Tenant will promptly pay the same or bond against the same and
take steps immediately to have such lien removed. If the Tenant fails to have the Lien
removed, the Landlord shall take steps to remove the lien and the Tenant shall pay
Landlord for all expenses related to the Lien and removal thereof and shall be in default
of this Lease.
X. LICENSES AND PERMITS. A copy of any and all local, state or federal permits
acquired by the Tenant which are required for the use of the Premises shall be kept on
site at all times and shall be readily accessible and produced to the Landlord and/or their
agents or any local, state, or federal officials upon demand.
XI. OBLIGATIONS OF TENANT. The Tenant shall be primarily responsible whenever
needed for the maintenance and general pickup of the entranceway leading into the
Premises, so that this is kept in a neat, safe and presentable condition. The Tenant shall
also be responsible for all minor repairs and maintenance of the leasehold Premises,
particularly those items which need immediate attention and which the Tenants, or their
employees, can do and perform on their own, including but not limited to, the
replacement of light bulbs, as well as the normal repair and cleaning of windows,
cleaning and clearing of toilets, etc., and the Tenant shall properly maintain the
Premises in a good, safe, and clean condition. The Tenant shall properly and promptly
remove all rubbish and hazardous wastes and see that the same are properly disposed
of according to all local, state or federal laws, rules regulations or ordinances.
In the event the structure of the Premises is damaged as a result of any neglect or
negligence of Tenant, their employees, agents, business invitees, or any independent
contractors serving the Tenant or in any way as a result of Tenant’s use and occupancy
of the Premises, then the Tenant shall be primarily responsible for seeing that the proper
claims are placed with the Tenant’s insurance company, or the damaging party's
insurance company, and shall furthermore be responsible for seeing that the building is
safeguarded with respect to said damage and that all proper notices with respect to said
damage, are made in a timely fashion, including notice to the Landlord, and the party or
parties causing said damage. Any damage that is not covered by an insurance company
will be the liability of the Tenant.
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The Tenant shall, during the term of this Lease, and in the renewal thereof, at its sole
expense, keep the interior of the Premises in as good a condition and repair as it is at
the date of this Lease, reasonable wear and use excepted. This obligation would include
the obligation to replace any plate glass damaged as a result of the neglect or acts of
Tenant or her guests or invitees. Furthermore, the Tenant shall not knowingly commit
nor permit to be committed any act or thing contrary to the rules and regulations
prescribed from time to time by any federal, state or local authorities and shall expressly
not be allowed to keep or maintain any hazardous waste materials or contaminates on
the Premises. Tenant shall also be responsible for the cost, if any, which would be
incurred to bring her contemplated operation and business activity into compliance with
any law or regulation of a federal, state or local authority.
XII. INSURANCE. In the event the Tenant shall fail to obtain insurance required
hereunder and fails to maintain the same in force continuously during the term, Landlord
may, but shall not be required to, obtain the same and charge the Tenant for same as
additional rent. Furthermore, Tenant agrees not to keep upon the Premises any articles
or goods which may be prohibited by the standard form of fire insurance policy, and in
the event the insurance rates applicable to fire and extended coverage covering the
Premises shall be increased by reason of any use of the Premises made by Tenant,
then Tenant shall pay to Landlord, upon demand, such increase in insurance premium
as shall be caused by said use or Tenant’s proportionate share of any such increase.
XIII. SUBLET/ASSIGNMENT. The Tenant may not transfer or assign this Lease, or any
right or interest hereunder or sublet said leased Premises or any part thereof without first
obtaining the prior written consent and approval of the Landlord.
XIV. DAMAGE TO LEASED PREMISES. In the event the building housing the Premises
shall be destroyed or damaged as a result of any fire or other casualty which is not the
result of the intentional acts or neglect of Tenant and which precludes or adversely
affects the Tenant’s occupancy of the Premises, then in every such cause, the rent
herein set forth shall be abated or adjusted according to the extent to which the leased
Premises have been rendered unfit for use and occupation by the Tenant and until the
demised Premises have been put in a condition at the expense of the Landlord, at least
to the extent of the value and as nearly as possible to the condition of the Premises
existing immediately prior to such damage. It is understood, however, in the event of
total or substantial destruction to the Premises that in no event shall the Landlord’s
obligation to restore, replace or rebuild exceed an amount equal to the sum of the
insurance proceeds available for reconstruction with respect to said damage.
XV. DEFAULT AND POSSESSION: In the event that the Tenant shall fail to pay said
rent, and expenses as set forth herein, or any part thereof, when the same are due and
payable, or shall otherwise be in default of any other terms of said Lease for a period of
more than 15 days, after receiving notice of said default, then the parties hereto
expressly agree and covenant that the Landlord may declare the Lease terminated and
may immediately re-enter said Premises and take possession of the same together with
any of Tenant’s personal property, equipment or fixtures left on the Premises which
items may be held by the Landlord as security for the Tenant’s eventual payment and/or
satisfaction of rental defaults or other defaults of Tenant under the Lease. It is further
agreed, that if the Tenant is in default, that the Landlord shall be entitled to take any and
all action to protect its interest in the personal property and equipment, to prevent the
unauthorized removal of said property or equipment which threatened action would be
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deemed to constitute irreparable harm and injury to the Landlord in violation of its
security interest in said items of personal property. Furthermore, in the event of default,
the Landlord may expressly undertake all reasonable preparations and efforts to release
the Premises including, but not limited to, the removal of all inventory, equipment or
leasehold improvements of the Tenant’s, at the Tenant’s expense, without the need to
first procure an order of any court to do so, although obligated in the interim to undertake
reasonable steps and procedures to safeguard the value of Tenant’s property, including
the storage of the same, under reasonable terms and conditions at Tenant’s expense,
and, in addition, it is understood that the Landlord may sue the Tenant for any damages
or past rents due and owing and may undertake all and additional legal remedies then
available.
In the event any legal action has to be instituted to enforce any terms or provisions
under this Lease, then the prevailing party in said action shall be entitled to recover a
reasonable attorney's fee in addition to all costs of said action.
Rent which is in default for more than _____ days after due date shall accrue a payment
penalty of one of the following:
(check one)
- Interest at a rate of _______________ percent (_____%) per annum on a daily basis
until the amount is paid in full.
- Late fee of ______________________ dollars ($__________________) per day
until the amount is paid in full.
In this regard, all delinquent rental payments made shall be applied first toward interest
due and the remaining toward delinquent rental payments.
XVI. INDEMNIFICATION. The Tenant hereby covenants and agrees to indemnify,
defend and hold the Landlord harmless from any and all claims or liabilities which may
arise from any cause whatsoever as a result of Tenant’s use and occupancy of the
Premises, and further shall indemnify the Landlord for any losses which the Landlord
may suffer in connection with the Tenant’s use and occupancy or care, custody and
control of the Premises. The Tenant also hereby covenants and agrees to indemnify and
hold harmless the Landlord from any and all claims or liabilities which may arise from
any latent defects in the subject Premises that the Landlord is not aware of at the signing
of the lease or at any time during the lease term.
XVII. BANKRUPTCY - INSOLVENCY. The Tenant agrees that in the event all or a
substantial portion of the Tenant ‘s assets are placed in the hands of a receiver or a
Trustee, and such status continues for a period of 30 days, or should the Tenant make
an assignment for the benefit of creditors or be adjudicated bankrupt; or should the
Tenant institute any proceedings under the bankruptcy act or any amendment thereto,
then such Lease or interest in and to the leased Premises shall not become an asset in
any such proceedings and, in such event, and in addition to any and all other remedies
of the Landlord hereunder or by law provided, it shall be lawful for the Landlord to
declare the term hereof ended and to re-enter the leased land and take possession
thereof and all improvements thereon and to remove all persons therefrom and the
Tenant shall have no further claim thereon.
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XVIII. SUBORDINATION AND ATTORNMENT. Upon request of the Landlord, Tenant
will subordinate its rights hereunder to the lien of any mortgage now or hereafter in force
against the property or any portion thereof, and to all advances made or hereafter to be
made upon the security thereof, and to any ground or underlying lease of the property
provided, however, that in such case the holder of such mortgage, or the Landlord under
such Lease shall agree that this Lease shall not be divested or in any way affected by
foreclosure, or other default proceedings under said mortgage, obligation secured
thereby, or Lease, so long as the Tenant shall not be in default under the terms of this
Lease. Tenant agrees that this Lease shall remain in full force and effect notwithstanding
any such default proceedings under said mortgage or obligation secured thereby.
Tenant shall, in the event of the sale or assignment of Landlord’s interest in the building
of which the Premises form a part, or in the event of any proceedings brought for the
foreclosure of, or in the event of exercise of the power of sale under any mortgage made
by Landlord covering the Premises, attorn to the purchaser and recognize such
purchaser as Landlord under this Lease.
XIX. MISCELLANEOUS TERMS.
I. Usage by Tenant: Tenant shall comply with all rules, regulations and laws of any
governmental authority with respect to use and occupancy. Tenant shall not
conduct or permit to be conducted upon the Premises any business or permit any
act which is contrary to or in violation of any law, rules or regulations and
requirements that may be imposed by any authority or any insurance company with
which the Premises is insured, nor will the Tenant allow the Premises to be used in
any way which will invalidate or be in conflict with any insurance policies applicable
to the building. In no event shall explosives or extra hazardous materials be taken
onto or retained on the Premises. Furthermore, Tenant shall not install or use any
equipment that will cause undue interference with the peaceable and quiet
enjoyment of the Premises by other tenants of the building.
II. Signs: Tenant shall not place on any exterior door, wall or window of the Premises
any sign or advertising matter without Landlord’s prior written consent and the
approval of the _________________________________ [Municipality]. Thereafter,
Tenant agrees to maintain such sign or advertising matter as first approved by
Landlord in good condition and repair. Furthermore, Tenant shall conform to any
uniform reasonable sign plan or policy that the Landlord may introduce with respect
to the building. Upon vacating the Premises, Tenant agrees to remove all signs
and to repair all damages caused or resulting from such removal.
III. Pets: Unless otherwise stated in this Lease Agreement, the only pets that shall be
allowed on the Premises are those needed legally due to a disability or handicap.
IV. Condition of Premises/Inspection by Tenant: The Tenant has had the opportunity
to inspect the Premises and acknowledges with its signature on this lease that the
Premises are in good condition and comply in all respects with the requirements of
this Lease. Furthermore, the Landlord makes no representation or warranty with
respect to the condition of the Premises or its fitness or availability for any
particular use, and the Landlord shall not be liable for any latent or patent defect
therein. Furthermore, the Tenant represents that Tenant has inspected the
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Premises and is leasing and will take possession of the Premises with all current
fixtures present in their “as is” condition as of the date hereof.
V. Right of Entry: It is agreed and understood that the Landlord and its agents shall
have the complete and unencumbered right of entry to the Premises at any time or
times for purposes of inspecting or showing the Premises and for the purpose of
making any necessary repairs to the building or equipment as may be required of
the Landlord under the terms of this Lease or as may be deemed necessary with
respect to the inspection, maintenance or repair of the building.
XX. ESTOPPEL CERTIFICATE. Tenant at any time and from time to time, upon at least
ten (10) days prior notice by Landlord, shall execute, acknowledge and deliver to
Landlord, and/or to any other person, firm or corporation specified by Landlord, a
statement certifying that the Lease is unmodified and in full force and effect, or if the
Lease has been modified, then that the same is in full force and effect except as
modified and stating the modifications, stating the dates to which the fixed rent and
additional rent have been paid, and stating whether or not there exists any default by
Landlord under this Lease and, if so, specifying each such default.
XXI. HOLDOVER. Should Tenant remain in possession of the Premises after the
cancellation, expiration or sooner termination of the Lease, or any renewal thereof,
without the execution of a new Lease or addendum, such holding over in the absence of
a written agreement to the contrary shall be deemed, if Landlord so elects, to have
created and be construed to be a tenancy from month to month, terminable upon thirty
(30) days notice by either party.
XXII. WAIVER. Waiver by Landlord of a default under this Lease shall not constitute a
waiver of a subsequent default of any nature.
XXIII. GOVERNING LAW. This Lease shall be governed by the laws of the State of
South Carolina.
XXIV. NOTICES. Payments and notices shall be addressed to the following:
Landlord
____________________________________
____________________________________
____________________________________
Tenant
____________________________________
____________________________________
____________________________________
XXV. AMENDMENT. No amendment of this Lease shall be effective unless reduced to
writing and subscribed by the parties with all the formality of the original.
XXVI. BINDING EFFECT. This Lease and any amendments thereto shall be binding
upon the Landlord and the Tenants and/or their respective successors, heirs, assigns,
executors and administrators.
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IN WITNESS WHEREOF, the parties hereto set their hands and seal this ____ day of
_________________, 20____.
Landlord’s Signature Printed Name
____________________________________ ________________________
Tenant’s Signature Printed Name
____________________________________ ________________________
Tenant’s Signature Printed Name
____________________________________ ________________________
ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF ______________________
COUNTY OF ______________________
On this ____ day of _______________________, 20___, before me appeared
____________________, as LANDLORD of this Commercial Lease Agreement who
proved to me through government issued photo identification to be the above-named
person, in my presence executed foregoing instrument and acknowledged that they
executed the same as their free act and deed.
____________________________
Notary Public
My Commission Expires: _________
ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF ______________________
COUNTY OF ______________________
On this ____ day of _______________________, 20___, before me appeared
____________________, as TENANT(S) of this Commercial Lease Agreement who
proved to me through government issued photo identification to be the above-named
person, in my presence executed foregoing instrument and acknowledged that they
executed the same as their free act and deed.
____________________________
Notary Public
My Commission Expires: _________