FOOD TRUCK/TRAILER VENDOR LEASE AGREEMENT
This Lease Agreement (this "Lease") is dated as of ___________, 2020, by and between NextGen Detroit - Plymouth Park & Eats, LLC ("Landlord"), and ________________ ("Tenant"). The parties agree as follows:
PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant One of 4 food lane spaces to a Food Truck Park (the "Premises"), which will allow the Tenant to sell his/her food products located at 39411 Schoolcraft Rd., Plymouth Township, MI 48170.
TERM. The lease term will begin on ________________, 2020 and will terminate on December 31, 2020.
LEASE PAYMENTS. Tenant shall pay to Landlord lease payments as described below:
Lease payment must be paid at the end of every shift and signed contract, COI, and Serve Safe License provided prior to entering the Premises. Lease payments shall be made to the Landlord in person or at 965 Wanda, Suite E, Ferndale, Michigan 48220. The payment address may be changed from time to time by the Landlord.
ANNUAL REGISTRATION FEE. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a Registration Fee of $100.00 and will be good for a 12-month period.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
USE OF PREMISES. Tenant may use the Premises only for Selling food from a licensed Food Truck / Trailer. Must be approved by Wayne County Health Department and/or have a commissary in Wayne County. The Premises may NOT be used for any other purpose ONLY with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.
PARKING. Tenant shall be entitled to use 1 food lane space for the Tenant's Food Truck or Trailer. Any other vehicles must be parked OFF the Premises.
PROPERTY INSURANCE. Tenant shall maintain casualty insurance on the Premises in an amount not less than 100% of the full replacement value. Landlord shall be named as an additional insured in such policies (see Landlord section below). Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property.
LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises in a total aggregate sum of at least $250,000.00 (see Landlord section). Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies.
MAINTENANCE.
Landlord's obligations for maintenance shall include:
- The parking lot, driveways, and sidewalks, including snow and ice removal
- Weekly Dumpster pick-up, Landscaping, and Parking Lot Sweep
Tenant's obligations for maintenance shall include:
- Any landscaping damage due to improper parking / driving on site
- Food Truck / Trailer must be clean at all times, food debris must be removed from drive and picnic areas, and trash must be taken to dumpster at the end of the day. Greywater MUST BE dumped OFF Premises.
- All other items of maintenance not specifically delegated to Landlord under this Lease.
UTILITIES AND SERVICES. Landlord shall be responsible for all utilities and services incurred in connection with the Premises and will be factored into Lease Payment above.
TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 30 days’ written notice to Tenant that the Premises have been sold.
DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 1 day (or any other obligation within 1 day) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law.
NON-SUFFICIENT FUNDS. Tenant shall be charged $35.00 for each check that is returned to Landlord for lack of sufficient funds.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the space to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last days of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants.
DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.
DUMPING in storm sewer drains will result in a $10,000 fine.
COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
NOTE: Tenant is responsible for marketing, social media, delivery service, etc. in support of obtaining customer sales. Landlord is not responsible for Tenant sales nor guarantees such sales. Landlord is also not responsible for weather conditions that would hinder or enhance sales.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Tenant (from the ownership existing at the inception of this lease), nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows:
LANDLORD:
NextGen Detroit - Plymouth Park & Eats
39411 Schoolcraft
Plymouth Township, Michigan 48170
TENANT:
Such addresses may be changed from time to time by any party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Michigan.
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
NextGen Detroit - Plymouth Park & Eats, LLC
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