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Vermont-Jericho-Jeri-Hill Warehouse Commercial Lease - Kevin McGovern and New England Wireless Inc.

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  • Commercial Lease. Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
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                              COMMERCIAL LEASE

      This lease is made between Kevin McGovern, herein called Lessor, and 
New England Wireless, Inc., herein called Lessee.

      Lessee hereby offers to lease from Lessor the premises situated in the 
City of Jericho, County of Chittenden, State of Vermont, described as 630 
square feet, 14x 45, gated area, right end side of Jeri-Hill warehouse, rt. 
15, upon the following TERMS and CONDITIONS:

      1.  Term and Rent.  Lessor demises the above premises for a term of 1 
years, commencing January 1, 1997 and terminating on December 31, 1997 or 
sooner as provided herein at the annual rental of ($) 2,220.00 payable in 
equal installments in advance on the first day of each month for that 
month's rental, during the term of this lease.  All rental payments shall be 
made to Lessor, at the address specified below.

      2.  Use.  Lessee shall use and occupy the promises for storage of 
business related equipment.  The premises shall be used for no other 
purpose.  Lessor represents that the premises may lawfully be used for such 

      3.  Care and Maintenance of Premises.  Lessee acknowledges that the 
premises are in good order and repair, unless otherwise indicated herein.  
Lessee shall, at his own expense and at all times, maintain the Premises in 
good and safe condition, including plate glass, electrical wiring, plumbing 
and heating installations and any other system or equipment upon the 
premises, and shall surrender the same at termination hereof, in as good 
condition as received, normal wear and tear excepted.  Lessee shall be 
responsible for all repairs required, excepting the roof, exterior walls, 
structural foundations, and: keep rentant area clean, safe and keep access 
way open.  No utilities are included with the lease.  Tenant will provide 
copy of insurance.

      4.  Alterations.  Lessee shall not, without first obtaining the 
written consent of Lessor, make any alterations, additions, or improvements, 
in, to or about the premises.

      5.  Ordinances and Statutes.  Lessee shall comply with all statutes, 
ordinances and requirements of all municipal, state and federal authorities 
now in force, or which may hereafter lie in force, pertaining to the 
premises, occasioned by or affecting the use thereof by Lessee.

      6.  Assignment and Subletting.  Lessee shall not assign this lease or 
sublet any portion of the premises without prior written concert of the 
Lessor, which shall not be unreasonably withhold.  Any such assignment or 
subletting without consent shall be void and, at the option of the Lessor, 
may terminate this lease.

      7.  Utilities. All applications and connections for necessary utility 
services on the demised premises shall be made in the name of Lessee only, 
and Lessee shall be solely liable for utility charges as they become due, 
including those for sewer, water, gas, electricity, and telephone services.

      8.  Entry and Inspection.  Lessee shall permit Lessor or Lessor's 
agents to enter upon the premises at reasonable times and upon reasonable 
notice, for the purpose of inspecting the same, and will permit Lessor at 
any time within sixty (60) days prior to the expiration of this lease, to 
place upon the premises any usual "To Let" or "For Lease" signs, and permit 
persons desiring to lease the same to inspect the premises thereafter.

      9.  Possession.  If Lessor is unable to deliver possession of the 
premises at the commencement hereof, Lessor shall not be liable for any 
damage caused thereby, nor shall this lease be void or voidable, but Lessee 
shall not be liable for any rent until possession is delivered.  Lessee may 
terminate this lease if possession is not delivered within 5 days of the 
commencement of the term hereof.

      10.  Indemnification of Lessor.  Lessor shall not be liable for any 
damage or injury to Lessee, or any other person, or to any property, 
occurring on the demised premises or any part thereof, and Lessee agrees to 
hold Lessor harmless from any claim for damages, no matter how caused.

      11.  Insurance.  Lessee, at his expense, shall maintain plate glass 
and public liability insurance including bodily injury and property damage 
insuring Lessee and Lessor with minimum coverage as follows:

      Lessee shall provide Lessor with a Certificate of Insurance showing 
Lessor as additional insured.  The Certificate shall provide for a ten-day 
written notice to Lessor in the event of cancellation or material change of 
coverage.  To the maximum extent permitted by insurance policies which may 
be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each 
other, waive any and all rights of subrogation which might otherwise exist.

      12.  Eminent Domain. If the promises or any part thereof or any estate 
therein, or any other part of the building materially affecting Lessee's use 
of the premise, shall be taken by eminent domain, this lease shall terminate 
on the date when title vests pursuant to such taking.  The rent, and any 
additional rent, shall be apportioned as of the termination date, and any 
rent paid for any period beyond that date shall be repaid to Lessee, Lessee 
shall not be entitled to any part of the award for such taking or any 
payment in lieu thereof, but Lessee may file a claim for any taking of 
fixtures and improvements owned by Lessee, and for moving expenses.

      13.  Destruction of Premises. In the event of a partial destruction of 
the premises during the term hereof, from any cause, Lessor shall forthwith 
repair the same, provided that such repairs can be made within sixty (60) 
days under existing governmental laws and regulations, but such Partial 
destruction shall not terminate this lease, except that Lessee shall, be 
entitled to a proportionate reduction of rent while such repairs are being 
made, based upon the extent to which the making of such repairs shall 
interfere with the business of Lessee on the premises.  If such repairs 
cannot be made within said sixty (60) days, Lessor, at his option, may make 
the same within a reasonable time, this lease continuing in effect with the 
rent proportionately abated as aforesaid, and in the event that Lessor shall 
not elect to make such repairs which cannot be made within sixty (60) days, 
this lease may be terminated at the option of either party.  In the event 
that the building in which the demised premises may be situated is destroyed 
to an extent of not less than one-third of the replacement costs thereof, 
Lessor may elect to terminate this lease whether the demised premises be 
injured or not.  A total destruction of the building in which the premises 
may be situated shall terminate this lease.

      14.  Lessor's Remedies on Default.  If Lessee defaults in the payment 
of rent, or any additional rent, or defaults in the performance of any of 
the other covenants or conditions hereof, Lessor may give Lessee notice of 
such default and if Lessee does not cure any such default within 10 days, 
after the giving of such notice (or if such other default is of such nature 
that it cannot be completely cured within such period, if Lessee does not 
commence such curing within such 20 days and thereafter proceed with 
reasonable diligence and in good faith to cure such default), then Lessor 
may terminate this lease on not less than 25 days' notice to Lessee.  On the 
date specified in such notice the term of this lease shall terminate, and 
Lessee shall then quit and surrender the premises to Lessor, but Lessee 
shall remain liable as hereinafter provided.  If this lease shall have been 
so terminated by Lessor, Lessor may at any time thereafter resume possession 
of the premises by any lawful means and remove Lessee or other occupants and 
their effects.  No failure to enforce any term shall be deemed a waiver.

      15.  Security Deposit.  Lessee shall deposit with Lessor on the 
signing of this lease the sum of three hundred fifty one, seventy six cents 
(prepaid) Dollars ($) 351.76 as security deposit for the performance of 
Lessee's obligations under this lease, including without limitation, the 
surrender of possession of the premises to Lessor as herein provided.  If 
Lessor applies any part of the deposit to cure any default of Lessee, Lessee 
shall on demand deposit with Lessor the amount so applied so that Lessor 
shall have the full deposit on hand at all times during the term of this 

      16.  Tax Increase.  In the event there is any increase during any year 
of the term of this lease in the City, County or State real estate taxes 
over and above the amount of such taxes assessed for the tax year during 
which the term of this lease commences, whether because of increased rate or 
valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an 
amount equal to 50 % of the increase in taxes upon the land and building in 
which the leased premises are situated.  In the event that such taxes are 
assessed for a tax year extending beyond the term of the lease, the 
obligation of Lessee shall be proportionate to the portion of the lease term 
included in such year.

      17.  Common Area Expenses.  In the event the demised premises are 
situated in a shopping center or in a commercial building in which there are 
common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes, 
and insurance for the common area.

      18.  Attorney's Fees.  In case suit should be brought for recovery of 
the premises, or for any sum due hereunder, or because of any act which may 
arise out of the possession of the premises, by either party, the prevailing 
party shall be entitled to all costs incurred in connection with such 
action, including a reasonable attorney's fee.

      19.   Notices.  Any notice which either party may, or is required to 
give, shall be given by mailing the same, postage prepaid, to Lessee at the 
premises, or Lessor at the address shown below, or at such other places as 
may be designated by the parties from time to time.

      20.  Heirs, Assigns, Successors.  This lease is binding upon and 
inured to the benefit of the heirs, assigns and successors in interest to 
the parties.

      21.  Option to Renew.  Provided that Lessee is not in default in the 
performance of this lease, Lessee shall have the option to renew the lease 
for an additional term of 12 months commencing at the expiration of the 
initial lease term.  All of the terms and conditions of the lease shall 
apply during the renewal term except that the monthly rent shall be the sum 
of $185.00. The option shall be exercised by written notice given to Lessor 
not less than 30 days prior to the expiration of the initial lease term.  If 
notice is not given in the manner provided herein within the time specified, 
this option shall expire.

      22.  Subordination.  This lease is and shall be subordinated to all 
existing and future liens and encumbrances against the property.

      23.  Entire Agreement.  The foregoing constitutes the entire Agreement 
between the parties and may be modified only by a writing signed by both 
parties.  The following Exhibits, if any, have been made a part of this 
lease before the parties' execution hereof: Exhibit 1 shows location of 
rental area, lessor will keep the driveway free of snow so as to provide 
adequate entrance for lessee.

      Signed this 1st day of January, 1997.

By: /S/__________________________      By: /S/_________________________
Lessee:  New England Wireless, Inc.    Lessor: Kevin McGovern
         P.O. Box 470
         Ascutney, Vt. 05030
   fax:  674-2674

Please mail rent to:
Kevin McGovern                     Rent is due on the 1st of each month
P.O. Box 305
Jeffersonville, Vt.  05464
all inquiries: 644-2231