Commercial-Lease-Agreement - Edited Version
Commercial-Lease-Agreement - Edited Version
Commercial-Lease-Agreement - Edited Version
Office: 042010939
Email: [email protected]
Address: #1093 Norton Shopping Centre
Norton
Any change in use or purpose the Premises other than as described above shall
be upon prior written consent of Lessor only.
3. TERM OF LEASE: The term of this Lease shall be for a period of ____
year(s) ____ month(s) commencing on the ____ day of _________________,
5. OPTION TO RENEW:
☐ - Lessee may have the right to renew the Lease two (2)times, the duration of
each renewal period(s) with each term being one (1) year which may be
exercised by giving written notice to Lessor no less than 60 days prior to the
expiration of the Lease or renewal period.
6. EXPENSES:
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
Lessee is not obligated to pay any additional expenses which includes utilities,
real estate taxes, insurance (other than on the Lessee’s personal property),
charges or expenses of any nature whatsoever in connection with the ownership
and operation of the Premises. The Lessor shall be obligated to maintain the
general exterior structure of the Premises, in addition, shall maintain all major
systems such as the plumbing and electrical. The cleaning of premises parking
area shall be maintained by the Lessee including the removal of any liter proving
to be environmental hazards as well as the grounds surrounding the Premises.
The Lessor shall maintain at their expense casualty insurance for the Premises
against loss by fire which may or may not include any extended coverage. The
Lessee will provide and maintain personal liability and property damage
insurance as a lessee and shall provide the Lessor with a copy of such insurance
certification or policy prior to the effective date of this Lease.
It is the intention of the Parties that this Lease shall be considered a “Modified
Gross Lease”.
Nothing in the Lease shall be construed to authorize the Lessee or any other
person acting for the Lessee to encumber the rents of the Premises or the
interest of the Lessee in the Premises or any person under and through whom
the Lessee has acquired its interest in the Premises with a mechanic’s lien or any
other type of encumbrance. Under no circumstance shall the Lessee be
construed to be the agent, employee or representative of Lessor. In the event a
lien is placed against the Premises, through actions of the Lessee, Lessee will
promptly pay the same or bond against the same and take steps immediately to
have such lien removed. If the Lessee fails to have the Lien removed, the Lessor
shall take steps to remove the lien and the Lessee shall pay Lessor for all
expenses related to the Lien and removal thereof and shall be in default of this
Lease.
9. LICENSES AND PERMITS: A copy of any and all local, state, council or
government permits acquired by the Lessee 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 Lessor and/or council or any local, state, or government officials
upon demand.
In the event the structure of the Premises is damaged as a result of any neglect
or negligence of Lessee, their employees, agents, business invitees, or any
independent contractors serving the Lessee or in any way as a result of Lessee’s
use and occupancy of the Premises, then the Lessee shall be obliged to give
notice of any such damages to the Lessor who will in turn inform the
Maintenance team to rectify the problem and bill the Lessee for the repair of the
damages.
The Lessee 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 Lessee or her guests or invitees. Furthermore, the
Lessee 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. Lessee 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.
11. INSURANCE: In the event the Lessee shall fail to obtain insurance
required hereunder and fails to maintain the same in force continuously during
the term, Lessor may, but shall not be required to, obtain the same and charge
the Lessee for same as additional rent. Furthermore, Lessee 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 Lessee, then Lessee
shall pay to Lessor, upon demand, such increase in insurance premium as shall
be caused by said use or Lessee’s proportionate share of any such increase.
14. DEFAULT AND POSSESSION: In the event that the Lessee 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 Lessor
may declare the Lease terminated and may immediately re-enter said Premises
and take possession of the same together with any of Lessee’s personal
property, equipment or fixtures left on the Premises which items may be held by
the Lessor as security for the Lessee’s eventual payment and/or satisfaction of
rental defaults or other defaults of Lessee under the Lease. It is further agreed,
that if the Lessee is in default, that the Lessor 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 deemed to constitute irreparable harm and injury to the Lessor in
violation of its security interest in said items of personal property. Furthermore, in
the event of default, the Lessor 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 Lessee’s,
at the Lessee’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 Lessee’s property, including the storage of
the same, under reasonable terms and conditions at Lessee’s expense, and, in
addition, it is understood that the Lessor may sue the Lessee 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 TWO days after due date shall accrue a
payment penalty of one of the following:
In this regard, all delinquent rental payments made shall be applied first toward
interest due and the remaining toward delinquent rental payments.
16. BANKRUPTCY - INSOLVENCY: The Lessee agrees that in the event all
or a substantial portion of the Lessee’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 Lessee make an assignment for the benefit of creditors or be
adjudicated bankrupt; or should the Lessee 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 Lessor hereunder
or by law provided, it shall be lawful for the Lessor 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 Lessee shall
have no further claim thereon.
I. Usage by Lessee: Lessee shall comply with all rules, regulations and laws
of any governmental authority with respect to use and occupancy. Lessee
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
Lessee 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, Lessee 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: Lessee shall not place on any exterior door, wall or window of the
Premises any sign or advertising matter without Lessor’s prior written
consent. Thereafter, Lessee agrees to maintain such sign or advertising
matter as first approved by Lessor in good condition and repair.
Furthermore, Lessee shall conform to any uniform reasonable sign plan or
policy that the Lessor may introduce with respect to the building. Upon
vacating the Premises, Lessee 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.
19. ESTOPPEL CERTIFICATE: Lessee at any time and from time to time,
upon at least ten (10) days prior notice by Lessor, shall execute, acknowledge
and deliver to Lessor, and/or to any other person, firm or corporation specified by
Lessor, 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 Lessor under this Lease and, if so, specifying each
such default.
21. WAIVER: Waiver by Lessor of a default under this Lease shall not
constitute a waiver of a subsequent default of any nature.
22. GOVERNING LAW: This Lease shall be governed by the laws of the
Government of Zimbabwe.
Lessor
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Lessee
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25. BINDING EFFECT: This Lease and any amendments thereto shall be
binding upon the Lessor and the Lessees and/or their respective successors,
heirs, assigns, executors and administrators.
IN WITNESS WHEREOF, the parties hereto set their hands and seal this ____
day of _________________, 20____.
________________________ ________________________
________________________ ________________________