Your New Store Front Lease Agreement
1. Premises and Term. The Landlord, in consideration of the rents, agreements and conditions herein contained, leases to the Tenant and the Tenant leases from Landlord, according to the terms of this lease, the following described “premises”, situated in Clarke County, Iowa, in the City of Osceola.
2. Term and Rental. Tenant agrees to rent said property for the term posted on this electronic form, starting at midnight on the first day and ending at 11:59pm CST of the last day upon the condition that the Tenant pays the rent as required and otherwise performs as in this lease provided.
Rental rates are $0.10 per square foot with a minimum of 100 square feet rental required per day. If Tenant agrees to rent said property for more than thirty (30) consecutive days, the rental rate becomes $0.04 per square foot with a minimum of 100 square feet required per day.
Tenant agrees to pay rental rate upon reserving the space through YourNewStoreFront.com This payment will be done via credit card or PayPal to ensure payment is made. YourNewStoreFront.com will then pay the Landlord prior to the Tenant’s start date and time.
Utilities are included in the above rental rates. A utility surcharge will be added in the amount of $20.00 per rental per month if Tenant will need an excessive amount of water, electric, or gas. This will be determined by YourNewStoreFront based on the description of the business that will be housed on the premises during the lease term. This payment will be collected at the same time of the collection of the rental rates if necessary.
Tenant may not sublet the Lease to any other entity or invite in other businesses to share the space. All leases will be with one tenant only.
Landlord and YourNewStoreFront.com require tenants to obtain their own renter’s insurance. Landlord will have property insurance, but Tenants are required to obtain their own liability insurance as well.
An administration fee of $20.00 will be applied to every reservation.
3. Possession. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Landlord at the end of the lease term, unless a new reservation has been made on YourNewStoreFront.com or unless the Tenant is going to be a consecutive long-term (longer than 90 days) tenant of the Landlord. Tenant agrees that if possession is NOT yielded to the Landlord at the end of the term of this lease, Tenant waives all rights to stay and agrees that Landlord can take whatever action deemed necessary.
Should the Landlord be unable to give possession on the said date, Tenant will be rebated the cost of the rental, minus the administration fee.
4. Use of Premises. Tenant covenants and agrees during the term of this lease to use and occupy the leased premises only for the business use stated in this electronic application.
5. Repair, Replacement, and Maintenance. The Landlord will provide all utilities, repairs, replacement, and maintenance on the premises before, during, and after the Tenant’s stay with no extra charges being levied against the Tenant unless the Tenant is responsible for the damage. Tenant is only responsible for utilities if YourNewStoreFront.com determines the use of the Tenant to be excessive as described in Section 2.
Any furnishings, equipment, alterations, etc. that are requested by the Tenant will be paid for by the Tenant after written approval is given by the Landlord. The costs will only be incurred by the Landlord if the condition of the premises is not as presented via the pictures and descriptions on YourNewStoreFront.com
Any furnishings, equipment, alterations, etc. that are installed by the Tenant remain under the ownership of the Tenant during the term of the lease. At the expiration of the lease, the Tenant must remove them from the premises. If not removed, the Tenant agrees that ownership will transition to the Landlord unless other arrangements have been made. If any damage is noted by the Landlord because of the furnishings, equipment, alterations, etc. installed and removed by the Tenant, then the Tenant will be responsible to pay for the correction of the damages.
6. Termination. This lease shall terminate upon expiration of the original term.
The Tenant may renew this lease ONLY by going through YourNewStoreFront.com and setting up a new reservation unless arrangements for a consecutive stay of longer than 90 days, at which time the agreement can be made directly with the Landlord. Each new reservation on YourNewStoreFront.com will require a new administration fee be paid and any utility surcharges.
Property Insurance. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance shall cover losses included in the special form causes of loss. To the extent permitted by their policies the Landlord and Tenant waive all rights of recovery against each other.
Liability Insurance. Tenant shall obtain commercial general liability insurance. Such policy shall include liability arising from premises operations, personal injury, products and completed operations and liability assumed under an insured contract. This policy shall be endorsed to include the Landlord as an additional insured.
Renter’s Insurance. Tenant is responsible for having Renter’s Insurance during their term at said premises.
Certificates of Insurance. At the time this agreement takes effect and the Tenant takes possession of the premises, the Tenant will provide the Landlord with a certificate of insurance with these property, liability, and renter insurance requirements.
Acts by Tenant. Tenant will not do or omit doing of any act which would invalidate any insurance, or increase the insurance rates in force on the premises.
8. Liability for Damage. Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner’s policy.
9. Fire and Casualty.
Partial/Complete Destruction of Premises. In the event of a partial or complete destruction or damage to the premises, which is a business interference which prevents the conducting of a normal business operation and which damage is repairable within 60 days after its occurrences, this lease will terminate and the Tenant will be reimbursed rent from the date of the partial or complete destruction.
The Landlord will reimburse the money to YourNewStoreFront.com and YourNewStoreFront.com will reimburse the Tenant.
10. Default. Each of the following shall constitute an event of default by the Tenant:
A. Failure to observe or perform any duties, obligations, agreements or conditions imposed on Tenant pursuant to terms of this lease.
B. Abandonment of the premises, meaning the Tenant fails to engage in its usual and customary business activities on the premises for more than fifteen (15) consecutive business days.
Notice of Default. Landlord shall give the Tenant a written notice specifying the default and give the Tenant seven (7) days in which to correct the default. If there is a default (other than a monetary obligation) that cannot be remedied in seven (7) days by diligent effort of the Tenant, Tenant shall propose an additional period of time in which to remedy the default. Consent to additional time shall not be unreasonably held by Landlord unless timeframe extends beyond the dates set by the Lease Agreement.
Remedies. In the event the Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following:
*Landlord may declare this lease to be terminated and shall give Tenant written notice of termination. Landlord is entitled to keep the rest of the rent from the lease terms if Tenant is in default.
11. Signs. Tenant is allowed the installation of a temporary sign during the terms of the lease agreement provided that the sign shall comply with the ordinances of the municipality in which the property is located and the laws of the State of Iowa; and that such sign shall not change the structure nor damage the premises when removed. Tenant and Landlord agree that YourNewStoreFront.com will be allowed to put a Cube in the storefront window to signify that this rental was done under YourNewStoreFront.com auspices. The Cube installed by YourNewStoreFront.com will always remain the property of YourNewStoreFront.com and its agents and is NOT to be considered under the ownership of the Tenant or Landlord.
12. Business Practices. The Tenant has the right to sell personal property on the premises provided that the description from Section 4 and provided that the Tenant has a valid Sales Tax permit and Business license, both of which must be displayed on the premises.
13. Changes to the Lease Terms. None of the covenants, provisions, terms or conditions of this lease shall be modified, waived or abandoned, except as noted in this lease agreement. This lease contains the whole agreement of the parties.
14. Certification. Tenant certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Distinguished National and Blocked Person” or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assests Control; and it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Tenant hereby agrees to defend, indemnify and hold harmless Landlord and YourNewStoreFront.com from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foreign certification.
15. Additional Provisions.
YourNewStoreFront.com Tenant and Landlord agree to hold YourNewStoreFront.com harmless for any infractions of the lease agreement between the two parties. YourNewStoreFront.com is a service to help provide a connection between Landlords and potential Tenants and does not subject YourNewStoreFront.com to any of the lease provisions except as specifically listed in the agreement.
Any lease agreement made between the Tenant and Landlord that will extend beyond ninety (90) consecutive days needs to include notification of YourNewStoreFront.com to allow YourNewStoreFront.com to remove the premises from its database.