Sample lease agreement for advertising space. Sample rental agreement for advertising structures
1. THE SUBJECT OF THE AGREEMENT
1.1. The landlord leases and the tenant rents advertising space, which is part of the facade of the building located at: , area sq. m, size x (hereinafter referred to as the Object).
1.2. The Lessor owns the building specified in clause 1.1 of this Agreement on the right of private ownership in accordance with the Certificate of state registration rights from "" 2020 series, No., record of registration in the Unified State Register of Rights to Real Estate and Transactions with It No. from "" 2020
1.3. The object will be used to place the tenant's billboard x size, sq. m, .
1.4. Income received by the Lessee as a result of the use of the Object is his property.
1.5. The reorganization of the tenant organization, the lessor organization, as well as the change of the owner of the building are not grounds for changing or terminating the Agreement.
2. TERM OF RENTAL
2.1. The object is leased for years (lease term), from ""2020 to ""2020.
2.2. The Tenant will take possession of the Property starting from ""2020. The Object is rented out (returned by the Tenant) under the Object acceptance and transfer certificate signed by the Parties, which must specify in detail technical condition object, the presence of coloring or facing material, other information characterizing the Object at the time of lease.
2.3. The term of the Agreement may be extended by agreement of the Parties, which is drawn up additional agreement Parties.
2.4. The Lessee is obliged, within days from the date of expiration of the Agreement, to transfer the Object to the Lessor according to the act of acceptance and transfer, which should reflect the technical condition of the Object at the time of transfer.
3. PAYMENTS UNDER THE CONTRACT
3.1. The lease payment under this Agreement is rubles monthly.
3.2. Payment is made by transfer Money in the amount specified in clause 3.1 of the Agreement to the settlement account of the Lessor or the issuance to the Lessor of the amount specified in clause 3.1 of the Agreement, within the limits established by the legislation of the Russian Federation, from the cash desk of the Lessee no later than the day of each month during the term of this Agreement.
4. OBLIGATIONS OF THE LESSOR
4.1. The landlord is obliged:
4.1.1. In accordance with clause 2.2 of the Agreement, transfer the Object to the Lessee for use according to the acceptance certificate.
4.1.2. Do not obstruct the Lessee in the lawful use of the leased Object.
4.1.3. To carry out major repairs of the Facility at its own expense, unless the Parties agree otherwise.
4.1.4. At the request of the Tenant, assist in obtaining the approval of the relevant authorities and the subsequent display outside the Property, provided that the design, style, size and location of the Property will comply with the requirements of the relevant municipal authority for such advertising.
5. OBLIGATIONS OF THE LESSEE
5.1. The tenant is obliged:
5.1.1. Use the Object for the purpose specified in clause 1.3 of the Agreement.
5.1.3. Pay rent under the Agreement in the amount and within the time limits established by the Agreement.
5.1.4. Notify the Lessor in writing no later than days in advance of the upcoming release of the Object, including its part, both in connection with the expiration of the Agreement, and in case of early release.
5.1.5. Immediately inform the representatives of the Lessor about the signs of the emergency condition of the Facility.
6. RIGHTS OF THE LESSOR
6.1. The landlord has the right:
6.1.1. Carry out repairs and restoration work that may affect the location or appearance billboard on the Facility in the building specified in clause 1.1 of this Agreement, only with the consent of the Lessee. When using the premises in the building, the Lessor must ensure that its employees do not cause damage to the leased Object, and also cause as little inconvenience as possible by their actions. In the event of any damage to the Object, their elimination is carried out by the forces and at the expense of the Lessor. Damage to the billboard of the Tenant as a result of such actions is compensated by the Landlord in full.
7. RIGHTS OF THE LESSEE
7.1. The tenant has the right:
7.1.1. Upon agreement with the Lessor, at its own expense and on its own, install or demonstrate outside the Facility any advertisements, signs, agent message boards, posters, numbers, letters, stands, flags, spotlights, and install your own branded sign at the Site, provided that its design, style, size and location will comply with the requirements of the relevant municipal authority for such advertising.
7.1.2. In the event of the expiration or early termination of the Agreement for any reason, demand reimbursement of expenses incurred by it for overhaul, as well as reimbursement of other costs aimed at improving the performance of the leased Object, including the cost of inseparable improvements made. The Lessor is obliged to reimburse the Lessee for the expenses incurred by him for the specified purposes in full.
7.1.3. Cancel the Agreement at any time by notifying the Lessor of this in writing days in advance.
7.2. The Tenant enjoys the priority right to renew the Lease Agreement under the same conditions for new term, as well as the conclusion of a new lease agreement.
8. DISPUTES RESOLUTION
8.1. All disputes arising out of this Agreement or in connection with it must, first of all, be resolved through friendly negotiations between the Parties.
8.2. If the Parties fail to resolve such dispute within calendar days after written notice one of the Parties of the other Party about the existence of a dispute, then the dispute is resolved in the Arbitration Court.
8.3. In all other respects that are not provided for by this Agreement, the Parties are guided by current legislation Russian Federation.
9. RESPONSIBILITIES OF THE PARTIES
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with applicable law.
9.2. Each of the Parties that has caused damage to the other Party by non-fulfillment or improper fulfillment of its obligations under the Agreement is obliged to pay a fine in the amount of rubles to the other Party.
9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party shall bear full liability for damage caused to the property of the other Party and third parties.
9.4. If the Object, as a result of the actions of the Lessor or the failure to take the necessary and timely measures, falls into an emergency condition or undergoes partial or complete destruction, the Lessor restores it on its own at the expense of own funds or compensates the Tenant for the damage caused in full to statutory okay.
9.5. In case of non-fulfillment or improper fulfillment by the Lessee of his obligations set forth in clause 3.1, clause 3.2 of this Agreement, the Lessee shall pay to the Lessor a penalty in the amount of % of the amount of delay for each day of delay.
9.6. Payment of a penalty and compensation for damages do not release the guilty Party from fulfilling its obligations under the Agreement.
10. ADDITIONAL PROVISIONS
10.1. The Agreement may be terminated or amended at any time by mutual agreement of the Parties, executed in the form of an additional agreement.
10.2. The Lessee has a pre-emptive right to renew the Lease Agreement on the same terms. If, days before the expiration of the Agreement, none of the Parties declares its intention to terminate it, the Agreement shall be deemed extended for the same period on the same conditions.
10.3. This Agreement is drawn up and signed in duplicate, and all copies have equal legal force.
advertising space in a person acting on the basis of , hereinafter referred to as " landlord”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Tenant”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The landlord leases and the tenant rents advertising space, which is part of the facade of the building located at: , area sq. m, size x (hereinafter referred to as the Object).
1.2. The landlord owns the building specified in clause 1.1 of this Agreement on the right of private ownership in accordance with the Certificate of State Registration of Rights dated "" 2020, series, No., record of registration in the Unified State Register of Rights to Real Estate and Transactions with It No. dated ""2020
1.3. The object will be used to place the tenant's billboard x size, sq. m, .
1.4. Income received by the Lessee as a result of the use of the Object is his property.
1.5. The reorganization of the tenant organization, the lessor organization, as well as the change of the owner of the building are not grounds for changing or terminating the Agreement.
2. TERM OF RENTAL
2.1. The object is leased for years (lease term), from ""2020 to ""2020.
2.2. The Tenant will take possession of the Property starting from ""2020. The Object is rented out (returned by the Lessee) under the Object acceptance and transfer certificate signed by the Parties, which should specify in detail the technical condition of the Object, the presence of painting or facing material, other information characterizing the Object at the time of leasing.
2.3. The term of the Agreement may be extended by agreement of the Parties, which is formalized by an additional agreement of the Parties.
2.4. The Lessee is obliged, within days from the date of expiration of the Agreement, to transfer the Object to the Lessor according to the act of acceptance and transfer, which should reflect the technical condition of the Object at the time of transfer.
3. PAYMENTS UNDER THE CONTRACT
3.1. The lease payment under this Agreement is rubles monthly.
3.2. Payment is made by transferring funds in the amount specified in clause 3.1 of the Agreement to the settlement account of the Lessor or issuing to the Lessor the amount specified in clause 3.1 of the Agreement, within the limits established by the legislation of the Russian Federation, from the Lessee's cash desk no later than the day of each month during the validity period of this Agreement.
4. OBLIGATIONS OF THE LESSOR
4.1. The landlord is obliged:
4.1.1. In accordance with clause 2.2 of the Agreement, transfer the Object to the Lessee for use according to the acceptance certificate.
4.1.2. Do not obstruct the Lessee in the lawful use of the leased Object.
4.1.3. To carry out major repairs of the Facility at its own expense, unless the Parties agree otherwise.
4.1.4. At the request of the Tenant, assist in obtaining the approval of the relevant authorities and the subsequent display outside the Property, provided that the design, style, size and location of the Property will comply with the requirements of the relevant municipal authority for such advertising.
5. OBLIGATIONS OF THE LESSEE
5.1. The tenant is obliged:
5.1.1. Use the Object for the purpose specified in clause 1.3 of the Agreement.
5.1.3. Pay rent under the Agreement in the amount and within the time limits established by the Agreement.
5.1.4. Notify the Lessor in writing no later than days in advance of the upcoming release of the Object, including its part, both in connection with the expiration of the Agreement, and in case of early release.
5.1.5. Immediately inform the representatives of the Lessor about the signs of the emergency condition of the Facility.
6. RIGHTS OF THE LESSOR
6.1. The landlord has the right:
6.1.1. Carry out repair and restoration work that may affect the location or appearance of the billboard at the Facility in the building specified in clause 1.1 of this Agreement, only with the consent of the Lessee. When using the premises in the building, the Lessor must ensure that its employees do not cause damage to the leased Object, and also cause as little inconvenience as possible by their actions. In the event of any damage to the Object, their elimination is carried out by the forces and at the expense of the Lessor. Damage to the billboard of the Tenant as a result of such actions is compensated by the Landlord in full.
7. RIGHTS OF THE LESSEE
7.1. The tenant has the right:
7.1.1. Upon agreement with the Lessor, at its own expense and on its own, install or demonstrate outside the Facility any advertisements, signboards, agency message boards, posters, numbers, letters, stands, flags, spotlights, as well as install its own branded sign on the Facility, provided that its design, style, size and layout will comply with the relevant municipal authority's requirements for such advertising.
7.1.2. In case of expiration or early termination of the Agreement for any reason, demand reimbursement of the costs incurred by it for major repairs, as well as reimbursement of other costs aimed at improving the operational qualities of the leased Object, including the cost of inseparable improvements made. The Lessor is obliged to reimburse the Lessee for the expenses incurred by him for the specified purposes in full.
7.1.3. Cancel the Agreement at any time by notifying the Lessor of this in writing days in advance.
7.2. The Lessee enjoys the priority right to extend the Lease Agreement on the same terms for a new term, as well as to conclude a new lease agreement.
8. DISPUTES RESOLUTION
8.1. All disputes arising out of this Agreement or in connection with it must, first of all, be resolved through friendly negotiations between the Parties.
8.2. If the Parties fail to resolve such a dispute within calendar days after the written notification of one of the Parties to the other Party about the existence of the dispute, then the dispute is resolved in the Arbitration Court.
8.3. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9. RESPONSIBILITIES OF THE PARTIES
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with applicable law.
9.2. Each of the Parties that has caused damage to the other Party by non-fulfillment or improper fulfillment of its obligations under the Agreement is obliged to pay a fine in the amount of rubles to the other Party.
9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party shall be fully liable for damage caused to the property of the other Party and third parties.
9.4. If the Object, as a result of the actions of the Lessor or the failure to take the necessary and timely measures, falls into an emergency condition or undergoes partial or complete destruction, the Lessor restores it on its own at its own expense or compensates the Lessee for the damage caused in full in accordance with the procedure established by law.
9.5. In case of non-fulfillment or improper fulfillment by the Lessee of his obligations set forth in clause 3.1, clause 3.2 of this Agreement, the Lessee shall pay to the Lessor a penalty in the amount of % of the amount of delay for each day of delay.
9.6. Payment of a penalty and compensation for damages do not release the guilty Party from fulfilling its obligations under the Agreement.
10. ADDITIONAL PROVISIONS
10.1. The Agreement may be terminated or amended at any time by mutual agreement of the Parties, executed in the form of an additional agreement.
10.2. The Lessee has a pre-emptive right to renew the Lease Agreement on the same terms. If, days before the expiration of the Agreement, none of the Parties declares its intention to terminate it, the Agreement shall be deemed extended for the same period on the same conditions.
10.3. This Agreement is drawn up and signed in duplicate, and all copies have equal legal force.
11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
landlord
Tenant Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
12. SIGNATURES OF THE PARTIES
Landlord _________________
Tenant _________________
Advertising is stationary and temporary. It differs in how quickly and reliably it is mounted. For example, a billboard and a banner on a house are stationary advertisements. Bicycle with a sign "Coffee house 50 meters" at the post - temporary.
All outdoor advertising must fit into the architectural appearance of the city, not spoil the view of citizens, not interfere with motorists, comply with technical requirements and Article 19 of the Federal Advertising Law.
In the article, we analyze how to place outdoor advertising legally. The steps may differ depending on the regulations in your city. But the basic scenario is this.
1. Find out how to get permission to advertise in your city
For every outdoor advertisement you get a permit. You submit the same application for advertising in any city of Russia. But how to get permission is regulated by local authorities. For example, in St. Petersburg, in order to install an advertisement or a sign, you need to coordinate it with the Committee for Urban Planning and Architecture. For Moscow there is a separate regulation, the most complex and longest in Russia.
For issuing a permit, you will pay a fee of 5000 ₽ for one advertising space. These are all payments to the budget: if a government official demands more money, it is illegal. If you have violated the requirements of the advertising law, you will be denied permission and the fee will not be refunded.
Check local practices on the city's official website so you know what you need to submit along with your application and toll receipt.
2. Agree on advertising placement
The layout, technical requirements, the cost of advertising - it all depends on the site. It can be a commercial building, an apartment building, a municipal building, an advertising stand. Your task is to find who owns the site and arrange placement with them.
No point in looking who owns road sign, repair fence, technical city building - it is forbidden to place ads there. For violations, the city authorities issue fines, force them to dismantle and repair damaged buildings.
If you are satisfied with the place for advertising and the terms of the lease, conclude an agreement on the lease of advertising space. Most likely, it will need to be attached to the application for advertising.
At your own home
If you, like in a classic Italian commune, have opened a coffee shop on the first floor of your house, hang ads on the second floor, it's free. But you still need to collect a technical specification, get permission from the municipality and pay a fee.
On commercial real estate
If the coffee shop is located in a business center or commercial building, negotiate with the property owner or landlord with the right to advertise. If the building has several owners who are not united in a firm, all owners give permission for advertising.
The contract for the lease of an advertising structure is concluded for a period of 5 to 10 years, depending on local legislation. The right to place advertising is confirmed by the lease agreement for advertising space. Therefore, on early stages It is profitable for small coffee houses that are not confident in their abilities to rent from tenants, i.e. become subtenants. When subleasing advertising space, you agree with the landlord for the required period, he acts on behalf of all owners.
On a residential building
It is important to attend in person and oversee the meeting. Put three topics on the agenda:
- Is it possible to place advertising on the roof or wall of the building, for how long and in what format.
- Who will enter into an agreement with the advertiser on behalf of the tenants. As a rule, this is the chairman.
- Under what conditions are tenants willing to advertise. If you pay for advertising to tenants, determine where and how you pay, who accepts payments, and who signs bills and deeds.
Accommodation conditions include discounts on coffee, provision of cards regular customers, obligations to renovate the premises for a coffee shop or poison the rats in the basement. How do you agree.
To advertise, get the consent of at least 2/3 of the owners.
After each meeting, the owners sign the minutes. This is an official document that fixes the agenda, the quorum, who voted for what. Only signatures will help you in case of litigation, so follow the protocol and make a copy.
If you are a subtenant in a residential apartment building where there is a coffee shop on the ground floor, ask the landlord about outdoor advertising. Most likely, he already held a meeting when he rented the space, and received permission to advertise. In this case, you just need to agree with the landlord.
On urban real estate
City real estate, in other words, municipal property, are buildings that are supported by budget money. These are schools, gardens, hospitals, recreation centers, libraries, administration building. The list of such property in Civil Code no, but you will not confuse: outdoor advertising on municipal buildings is monitored.
Accommodation outdoor advertising on municipal buildings goes through an auction or competition and is subject to local law. If you want to rent municipal advertising space, read the auction procedure and participation rules on the official website of your city.
It can be a daunting task for a start-up coffee shop to collect the full package of documents and funds for an auction. But we do not recommend placing outdoor advertising on city property without authorization: this is the first thing that local authorities control from outdoor advertising.
The municipality rents out some of the buildings and advertising spaces. For example, the first floors of the House of Culture were leased to a contractor. Then the coffee house in this DC becomes a subtenant and does not participate in the auction, because. already won by the landlord. It is necessary to agree on advertising with him. Check his advertising rights.
On multiple buildings
If the banner according to the plan hangs on two buildings, negotiate with two owners of advertising spaces. How many owners of advertising space participate in the placement of advertising, so many contracts.
Advertising structures are owned by the city, advertising agencies that rent from the city, individuals and firms. The logic is simple: find the owner or tenant of the advertising space, check his rights to the desired advertising stand, and conclude an agreement.
Placed on objects intended for advertising is as convenient as in shopping malls: this is a business for owners, technical requirements are described, contract templates are worked out, the features of installation and dismantling are known.
If the owner of the coffee shop at the beginning of the article had chosen the city billboard instead of the fence, there would be no problems. Or it would not be the problem of the owner of the coffee shop, but the owner of the advertising space.
On asphalt
Since 2013, it is not allowed to put inscriptions on asphalt and other road surfaces. Drawing inscriptions and graffiti on roads is considered an administrative offense. For cities and regions of Russia, the amount of the fine is determined by local authorities, read the "Code of administrative offenses» of your city.
In Moscow, a fine of 3,000 to 5,000 rubles for individuals and individual entrepreneurs, from 50,000 to 150,000 rubles for LLCs.
In practice, if the entrepreneur is not caught on the spot with a can of paint, he will not be punished. Therefore, many paint ads on the pavement, taking two precautions: stay away from cameras and windows of grandmothers, do not use the logo and name of the coffee shop. Instead, they draw, for example, a path of coffee cups or grains from a human stream to a coffee shop. In this case, it is difficult for officials to demand an explanation from a particular coffee shop.
There are companies on the Internet that offer services for applying advertising graffiti to asphalt. Use their services carefully, they break the law, rarely conclude contracts, and in case of problems with the contractor, the court will not help you.
If the owner of the coffee shop draws on the pavement himself, he will receive two fines: for illegal advertising and for damage to property, plus he will pay for its repair.
On the monument
You can advertise on protected architectural monuments if you operate a coffee shop inside the monument. For example, you rent a space for a cafe in a local theater. The theater lives in a building of the beginning of the 19th century, the building is protected by the state. The theater benefits from your coffee shop, you pay rent, people visit you during the intermission. In this case, the management will tell you in what style to make advertising, where to hang it and with whom to negotiate.
In other cases, you can't. It is especially impossible to do this without permission, because you will be fined for hanging advertisements without permission and for damaging monuments of national importance.
The maximum penalty for legal entities for damage to especially valuable objects of cultural heritage - 60 million rubles.
If you see a “Protected by the State” sign on your house, don’t advertise on it without permission, you will pay more fines than new visitors will pay you for coffee.
3. Order a layout
If you order advertising from a design studio, then compliance with the technical requirements from the owner of the advertising space is their task. As a result, you should have both the specification and the layout of the advertisement that fit the specification. Just in case, do not forget to compare the requirements from the owner of the advertising space and what the contractor did.
The Law on Advertising does not regulate the technical specification of outdoor advertising. But it is necessary to prepare the specification, otherwise the application for advertising will not be approved.
In order not to be mistaken, ask colleagues from other coffee shops what they used to advertise, or the municipality what they want to see as technical descriptions.
4. Think over the advertising message
Requirements for the content of advertising regulates. Here it is in short:
- do not play on the contrasts between your cool coffee and competitors' drinks. A dull guy with a glass of McCafe and a cheerful guy with your glass on one banner - this is prohibited as unfair competition;
- avoid the similarity of advertising with road signs, it is dangerous for traffic, it is forbidden. Please do not confuse the logo of a coffee shop in the form of a road sign with the road sign "Cafe" - these are set by Rosavtodor and branches, they can;
- be careful with the play on words and pictures. Vigilant citizens will look into advertising poster anything - for example, a call to drink American coffee, not native chicory, and they will write a complaint against you to the prosecutor's office. Therefore, if you want to play on the opposition of "americano" and "rusiano", hire a lawyer;
- and no erotica with coffee pots and cups in ads if you don't want to get an age rating for it.
The key to the success of an advertising message: honest advertising, compliance with the Constitution and industry laws. Do not deceive visitors and do not offend neighbors. Otherwise, the FAS will come to you with fines for forgery of information and competitors with the courts because of the damaged reputation.
5. Apply for permission
Collect in one package of documents:
- statement,
- a receipt for state duty,
- technical specification for the advertising structure from the lessor or written by you,
- layout of advertising without violating the Law on Advertising,
- agreement with the owner of the advertising space
- and whatever your municipality wants to see.
And submit for approval.
5. Order and install
With the signed permission, go to the advertising agency that will do the advertising. It manufactures and mounts it on the advertising space. Be sure to make sure that outdoor advertising is placed securely: if the billboard falls, it may injure a passerby. Monitor the quality of installation - work advertising agency, but if the ad drops, residents will think of the coffee shop, not the agency. So it's better to check again.
Your task at this stage is to make sure that the final advertisement is the same as on the layout. Otherwise, you may be subject to regulatory sanctions that will force you to remake or remove the advertisement due to differences between the agreed layout in the application and the finished advertisement in the city.
6. Remove ads
The main thing - on time and safely. Safety depends on the design where the advertisement was hung. For example, if the advertisement was hanging on a billboard, you don't need to climb it without insurance. As a rule, the same company that hung up dismantles, they know how to do it right. Or you can hire freelance workers.
Keep all contracts, permits from the municipality, technical specifications while the advertisement is hanging and a year after dismantling.
What happens if you post ads without permission?
Many cafe owners are afraid of the legal placement of outdoor advertising on paper. They act differently: they pay inspectors every month, they do not place outdoor advertising, they manage with signs. How to advertise - the choice of the entrepreneur. This is a section about what happens if you choose illegal advertising.
Outdoor advertising is regularly checked by the Federal Antimonopoly Service and the Administrative and Technical Inspectorate. The main ones are the FAS, they have the right to review the issued permit and cancel it,. And vigilant residents write complaints to the housing and communal services, the prefecture and the police. In this case, an unscheduled inspection comes from the FAS and ATI.
For illegal outdoor advertising, a businessman receives fines and orders for dismantling. If you also violated the Advertising Act, you could be sued by dissatisfied consumers for mismatching advertising and product, or from competitors for unfair competition.
Outdoor without permission or in violation of technical requirements:
+ compensation for health or property if the ad is down
Outdoor without permission and with false information:
From 3,000 to 5,000 rubles, if you are an individual entrepreneur
From 500,000 rubles to 1 million rubles if you are an LLC
+ dismantling and repair of damaged buildings
+ compensation to consumers for low-quality coffee according to the number of applicants by court decision
Outdoor advertising without permission and exposing competitors' products:
From 3,000 to 5,000 rubles, if you are an individual entrepreneur
From 500,000 rubles to 1 million rubles if you are an LLC
+ dismantling and repair of damaged buildings
+ compensation to competitors by court decision
+ legal costs
Employees of the FAS and ATI fix errors and issue instructions that you must comply with or challenge in court. You can fulfill the inspection requirement and dismantle the advertisement immediately. The obligation to remove incorrect advertisements comes only by order of the court. A month is given for dismantling, if you do not do this, the court will oblige the landlord.
In practice, housing and communal services employees or representatives of the administration often forcibly dismantle outdoor advertising. If you received permission and hung advertising legally, you can challenge the actions of the authorities in the arbitration court within three months.
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advertising space lease agreement template on the facade of the building to place a billboard is presented below.
AGREEMENT No. __
_______________ "___" __________ 201_
Hereinafter referred to as __ "Lessor", represented by ____________, acting on the basis of ___________, on the one hand and ________________, hereinafter referred to as __ "Lessee", represented by ____________, acting on the basis of ________, on the other hand, hereinafter collectively referred to as the "Parties", have concluded this Agreement, hereinafter referred to as the "Agreement", as follows:
ARTICLE 1. SUBJECT OF THE CONTRACT
1.1. The Landlord rents, and the Tenant accepts for rent an advertising space, which is an advertising structure on the facade of a building located at the address: ________, ______, ___, with an area of ____ sq. m, size __ x __ (hereinafter referred to as the "Object").
1.2. The landlord owns the building specified in clause 1.1 of this Agreement on the right of private ownership in accordance with the Certificate of State Registration of Rights dated "___" _______ ____, series ________, N _____, registration record in the Unified State Register of Rights to Real Estate and Transactions with him N ____ from "__" _______ ____
1.3. The object will be used to place the tenant's billboard with a size of ___ x ____, with an area of ___ sq. m, ____ (description of the billboard).
1.4. Income received by the Lessee as a result of the use of the Object is his property.
1.5. The reorganization of the tenant organization, the lessor organization, as well as the change of the owner of the building are not grounds for changing or terminating the Agreement.
1.6. The parties jointly develop and agree on the passport of the advertising space, sketches or design projects of advertising structures, lease agreements (sublease) of stationary technical means of outdoor advertising, contracts with the customer for the placement of his advertising information, for the placement of stationary technical means of outdoor advertising, for the provision of services for the presentation and (or) the use of stationary technical means of outdoor advertising for the placement (distribution) of advertising information.
1.7. The landlord has permission to place advertising structures on the leased place.
ARTICLE 2. TERM OF LEASE
2.1. The object is leased for _______ years ("lease term"), from "__" ____ to "__" ________ ____.
2.2. The Tenant will take possession of the Property starting from "__"_______ ____.
The Object is rented out (returned by the Lessee) under the Object acceptance and transfer certificate signed by the Parties, which should specify in detail the technical condition of the Object, the presence of painting or facing material, other information characterizing the Object at the time of leasing.
2.3. The term of the Agreement may be extended by agreement of the Parties, which is formalized by an additional agreement of the Parties.
2.4. The Lessee is obliged, within ____ days from the date of expiration of the Agreement, to transfer the Object to the Lessor according to the acceptance certificate, which should reflect the technical condition of the Object at the time of transfer.
ARTICLE 3. PAYMENTS UNDER THE CONTRACT
3.1. The rent under this Agreement is ________ (_______________) rubles monthly.
3.2. Payment is made by transferring funds in the amount specified in clause 3.1 of the Agreement to the settlement account of the Lessor or issuing to the Lessor the amount specified in clause 3.1 of the Agreement, within the limits established by the legislation of the Russian Federation, from the Lessee's cash desk no later than the 30th day of each month during the term of this Agreement.
ARTICLE 4. OBLIGATIONS OF THE LESSOR
4.1. The lessor is obliged:
4.1.1. In accordance with clause 2.2 of the Agreement, transfer the Object to the Lessee for use according to the acceptance certificate.
4.1.2. Do not obstruct the Lessee in the lawful use of the leased Object.
4.1.3. To carry out major repairs of the Facility at its own expense, unless the Parties agree otherwise.
4.1.4. At the request of the Tenant, assist in obtaining the approval of the relevant authorities and the subsequent display outside the Property, provided that the design, style, size and location of the Property will comply with the requirements of the relevant municipal authority for such advertising.
ARTICLE 5. OBLIGATIONS OF THE LESSEE
5.1. The tenant is obliged:
5.1.1. Use the Object for the purpose specified in clause 1.3 of the Agreement.
5.1.2. Keep the Object in good order and proper sanitary condition before delivery to the Lessor.
5.1.3. Pay rent under the Agreement in the amount and within the time limits established by the Agreement.
5.1.4. Notify the Lessor in writing no later than ____________ about the upcoming release of the Object, including its part, both in connection with the expiration of the Agreement, and in case of early release.
5.1.5. Immediately inform the representatives of the Lessor about the signs of the emergency condition of the Facility.
ARTICLE 6. RIGHTS OF THE LESSOR
6.1. The lessor has the right:
6.1.1. Carry out repair and restoration work that may affect the location or appearance of the billboard at the Facility in the building specified in clause 1.1 of this Agreement, only with the consent of the Tenant. When using the premises in the building, the Lessor must ensure that its employees do not cause damage to the leased Object, and also cause as little inconvenience as possible by their actions. In the event of any damage to the Object, their elimination is carried out by the forces and at the expense of the Lessor. Damage to the billboard of the Tenant as a result of such actions is compensated by the Landlord in full.
ARTICLE 7. RIGHTS OF THE LESSEE
7.1. The tenant has the right:
7.1.1. Upon agreement with the Lessor, at its own expense and on its own, install or demonstrate outside the Facility any advertisements, signboards, agency message boards, posters, numbers, letters, stands, flags, spotlights, as well as install its own branded sign on the Facility, provided that its design, style, size and layout will comply with the relevant municipal authority's requirements for such advertising.
7.1.2. In case of expiration or early termination of the Agreement for any reason, demand reimbursement of the costs incurred by it for major repairs, as well as reimbursement of other costs aimed at improving the operational qualities of the leased Object, including the cost of inseparable improvements made. The Lessor is obliged to reimburse the Lessee for the expenses incurred by him for the specified purposes in full.
7.1.3. Cancel the Agreement at any time by notifying the Lessor of this in writing one month in advance.
7.2. The Lessee enjoys the priority right to extend the Lease Agreement on the same terms for a new term, as well as to conclude a new lease agreement.
ARTICLE 8. SETTLEMENT OF DISPUTES
8.1. All disputes arising out of this Agreement or in connection with it must first of all be resolved through friendly negotiations between the Parties.
8.2. If the Parties fail to resolve such a dispute within ____ calendar days after the written notification of one of the Parties to the other Party about the existence of the dispute, then the dispute is resolved in the Arbitration Court of __________.
8.3. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
ARTICLE 9. RESPONSIBILITY OF THE PARTIES
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with applicable law.
9.2. Each of the Parties that caused damage to the other Party by non-fulfillment or improper fulfillment of its obligations under the Agreement is obliged to pay a fine in the amount of __________ rubles to the other Party.
9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party shall be fully liable for damage caused to the property of the other Party and third parties.
9.4. If the Object, as a result of the actions of the Lessor or the failure to take the necessary and timely measures, falls into an emergency condition or undergoes partial or complete destruction, the Lessor restores it on its own at its own expense or compensates the Lessee for the damage caused in full in accordance with the procedure established by law.
9.5. In case of non-fulfillment or improper fulfillment by the Tenant of his obligations established in paragraphs. 3.1, 3.2 of this Agreement, the Lessee pays the Lessor a penalty in the amount of ____% of the amount of delay for each day of delay.
9.6. Payment of a penalty and compensation for damages do not release the guilty Party from fulfilling its obligations under the Agreement.
ARTICLE 10. ADDITIONAL PROVISIONS
10.1. The Agreement may be terminated or amended at any time by mutual agreement of the Parties, executed in the form of an additional agreement.
10.2. The Lessee has a pre-emptive right to renew the Lease Agreement on the same terms. If one month before the expiration of the Agreement, none of the Parties declares its intention to terminate it, the Agreement shall be deemed extended for the same period on the same terms. Next >
in a person acting on the basis of , hereinafter referred to as " landlord”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Tenant”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor leases, and the Lessee accepts for rent an advertising space, which is a part of the facade of the building located at: , sq.m., size x (hereinafter referred to as the Object).
1.2. The landlord owns the building specified in clause 1.1 of this Agreement on the right of private ownership in accordance with the Certificate of State Registration of Rights dated "" series, No., registration record in the Unified State Register of Rights to Real Estate and Transactions with It No. dated "" of the year.
1.3. The object will be used to place the tenant's billboard x size, sq.m., .
1.4. Income received by the Lessee as a result of the use of the Object is his property.
1.5. The reorganization of the tenant organization, the lessor organization, as well as the change of the owner of the building are not grounds for changing or terminating the Agreement.
2. TERM OF RENTAL
2.1. The object is leased for years (lease term), from "" year to "" year.
2.2. The Lessee will take possession of the Property starting from the year "". The Object is rented out (returned by the Lessee) under the Object acceptance and transfer certificate signed by the Parties, which should specify in detail the technical condition of the Object, the presence of painting or facing material, other information characterizing the Object at the time of leasing.
2.3. The term of the Agreement may be extended by agreement of the Parties, which is formalized by an additional agreement of the Parties.
2.4. The Lessee is obliged, within days from the date of expiration of the Agreement, to transfer the Object to the Lessor according to the act of acceptance and transfer, which should reflect the technical condition of the Object at the time of transfer.
3. PAYMENTS UNDER THE CONTRACT
3.1. The lease payment under this Agreement is rubles monthly.
3.2. Payment is made by transferring funds in the amount specified in clause 3.1 of the Agreement to the settlement account of the Lessor or issuing to the Lessor the amount specified in clause 3.1 of the Agreement, within the limits established by the legislation of the Russian Federation, from the Lessee's cash desk no later than the day of each month during the validity period of this Agreement.
4. OBLIGATIONS OF THE LESSOR
4.1. The landlord is obliged:
4.1.1. In accordance with clause 2.2 of the Agreement, transfer the Object to the Lessee for use according to the acceptance certificate.
4.1.2. Do not obstruct the Lessee in the lawful use of the leased Object.
4.1.3. To carry out major repairs of the Facility at its own expense, unless the Parties agree otherwise.
4.1.4. At the request of the Tenant, assist in obtaining the approval of the relevant authorities and the subsequent display outside the Property, provided that the design, style, size and location of the Property will comply with the requirements of the relevant municipal authority for such advertising.
5. OBLIGATIONS OF THE LESSEE
5.1. The tenant is obliged:
5.1.1. Use the Object for the purpose specified in clause 1.3 of the Agreement.
5.1.3. Pay rent under the Agreement in the amount and within the time limits established by the Agreement.
5.1.4. Notify the Lessor in writing no later than days in advance of the upcoming release of the Object, including its part, both in connection with the expiration of the Agreement, and in case of early release.
5.1.5. Immediately inform the representatives of the Lessor about the signs of the emergency condition of the Facility.
6. RIGHTS OF THE LESSOR
6.1. The landlord has the right:
6.1.1. Carry out repair and restoration work that may affect the location or appearance of the billboard at the Facility in the building specified in clause 1.1 of this Agreement, only with the consent of the Lessee. When using the premises in the building, the Lessor must ensure that its employees do not cause damage to the leased Object, and also cause as little inconvenience as possible by their actions. In the event of any damage to the Object, their elimination is carried out by the forces and at the expense of the Lessor. Damage to the billboard of the Tenant as a result of such actions is compensated by the Landlord in full.
7. RIGHTS OF THE LESSEE
7.1. The tenant has the right:
7.1.1. Upon agreement with the Lessor, at its own expense and on its own, install or demonstrate outside the Facility any advertisements, signboards, agency message boards, posters, numbers, letters, stands, flags, spotlights, as well as install its own branded sign on the Facility, provided that its design, style, size and layout will comply with the relevant municipal authority's requirements for such advertising.
7.1.2. In case of expiration or early termination of the Agreement for any reason, demand reimbursement of the costs incurred by it for major repairs, as well as reimbursement of other costs aimed at improving the operational qualities of the leased Object, including the cost of inseparable improvements made. The Lessor is obliged to reimburse the Lessee for the expenses incurred by him for the specified purposes in full.
7.1.3. Cancel the Agreement at any time by notifying the Lessor of this in writing days in advance.
7.2. The Lessee enjoys the priority right to extend the Lease Agreement on the same terms for a new term, as well as to conclude a new lease agreement.
8. DISPUTES RESOLUTION
8.1. All disputes arising out of this Agreement or in connection with it must, first of all, be resolved through friendly negotiations between the Parties.
8.2. If the Parties fail to resolve such a dispute within calendar days after the written notification of one of the Parties to the other Party about the existence of the dispute, then the dispute is resolved in the Arbitration Court of .
8.3. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9. RESPONSIBILITIES OF THE PARTIES
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with applicable law.
9.2. Each of the Parties that has caused damage to the other Party by non-fulfillment or improper fulfillment of its obligations under the Agreement is obliged to pay a fine in the amount of rubles to the other Party.
9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party shall be fully liable for damage caused to the property of the other Party and third parties.
9.4. If the Object, as a result of the actions of the Lessor or the failure to take the necessary and timely measures, falls into an emergency condition or undergoes partial or complete destruction, the Lessor restores it on its own at its own expense or compensates the Lessee for the damage caused in full in accordance with the procedure established by law.
9.5. In case of non-fulfillment or improper fulfillment by the Lessee of his obligations set forth in clause 3.1, clause 3.2 of this Agreement, the Lessee shall pay to the Lessor a penalty in the amount of % of the amount of delay for each day of delay.
9.6. Payment of a penalty and compensation for damages do not release the guilty Party from fulfilling its obligations under the Agreement.
10. ADDITIONAL PROVISIONS
10.1. The Agreement may be terminated or amended at any time by mutual agreement of the Parties, executed in the form of an additional agreement.
10.2. The Lessee has a pre-emptive right to renew the Lease Agreement on the same terms. If, days before the expiration of the Agreement, none of the Parties declares its intention to terminate it, the Agreement shall be deemed extended for the same period on the same conditions.
10.3. This Agreement is drawn up and signed in duplicate, and all copies have equal legal force.
11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
landlord
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Payment account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Tenant
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Payment account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
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