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Purchase And Lease Agreement
"I need a Purchase and Lease Agreement for a commercial warehouse property in Sydney, where my company will purchase the property for $5.2M and lease it back to the current owner for 10 years starting March 2025, with annual rent reviews and an option to extend for 5 years."
1. Parties: Identification of all parties to the agreement including purchaser, vendor, and any guarantors
2. Background: Context of the transaction, including property details and intention to enter into purchase and subsequent lease arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Purchase Terms: Core terms of the purchase including purchase price, deposit, and settlement arrangements
5. Lease Terms: Essential lease terms including rent, term, commencement date, and permitted use
6. Property Condition and Inspections: Status of the property, inspection rights, and condition warranties
7. Settlement Obligations: Requirements for completion of the purchase, including documentation and payments
8. Lease Commencement and Possession: Conditions for lease commencement and handover of possession
9. Outgoings and Expenses: Allocation of costs, rates, taxes, and other expenses for both purchase and lease
10. Insurance Requirements: Insurance obligations for both parties during purchase and lease periods
11. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the lease
12. Default and Termination: Consequences of default and termination rights for both purchase and lease
13. Dispute Resolution: Procedures for resolving disputes under either purchase or lease provisions
14. Notices: Requirements for giving valid notices under the agreement
15. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation
16. Execution: Execution blocks for all parties
1. GST Provisions: Detailed GST treatment - required if either party is registered for GST
2. Foreign Investment Provisions: Required if purchaser is a foreign person under FIRB regulations
3. Guarantees: Required if any party's obligations are being guaranteed by a third party
4. Fit-out Works: Required if premises require fitting out before lease commencement
5. Option to Renew: Include if granting lease renewal options
6. Assignment and Subletting: Detailed provisions if transfer rights are being granted
7. Environmental Matters: Required for properties with environmental concerns or compliance requirements
8. Development Conditions: Include if purchase or lease is conditional on development approvals
9. Break Clause: Optional early termination rights for either party
10. First Right of Refusal: Include if tenant is being granted first right to purchase
1. Property Description: Detailed description of the property including title particulars and plan
2. Purchase Price Calculation: Breakdown of purchase price components and payment terms
3. Rent Calculation: Detailed rent calculations, including any incentives or abatements
4. Outgoings Schedule: Detailed list of outgoings and responsibility allocation
5. Permitted Use: Detailed description of permitted use and any restrictions
6. Fit-out Specifications: Detailed specifications for any agreed fit-out works
7. Condition Report: Detailed report on property condition at purchase/lease commencement
8. Essential Safety Measures: List of safety measures and compliance requirements
9. Guarantee Terms: Detailed terms of any guarantees provided
10. Special Conditions: Any special conditions specific to the transaction
Authors
Adjustment Date
Bank Guarantee
Base Rent
Building
Business Day
Commencement Date
Common Areas
Completion
Completion Date
Deposit
Default Rate
Duty
Encumbrance
Essential Safety Measures
Expiry Date
GST
Guarantor
Improvements
Initial Term
Land
Lease
Lease Period
Lessee
Lessor
Maintenance
Market Review Date
Outgoings
Permitted Use
Premises
Property
Purchase Price
Purchaser
Rent
Rent Review Date
Review Period
Settlement
Settlement Date
Special Conditions
Stamp Duty
Title
Transfer
Transfer Date
Vendor
Vendor's Solicitor
Working Hours
Sale Terms
Property Transfer
Settlement
Title and Registration
Payment Terms
Lease Terms
Rent and Payments
Security Deposit
Property Use
Maintenance and Repairs
Alterations and Improvements
Insurance
Assignment and Subletting
Default and Termination
Property Access
Outgoings
Environmental Compliance
Health and Safety
Warranties and Representations
Due Diligence
Risk and Possession
Tenant Obligations
Landlord Obligations
Utilities and Services
Confidentiality
Force Majeure
Dispute Resolution
Notices
GST and Taxation
Governing Law
Indemnification
Property Condition
Building Rules
Permitted Use
Option to Renew
Make Good
Emergency Procedures
Compliance with Laws
Security of Tenure
Commercial Real Estate
Retail
Industrial
Manufacturing
Healthcare
Education
Hospitality
Logistics
Agriculture
Mining
Professional Services
Technology
Legal
Finance
Real Estate
Operations
Facilities Management
Risk & Compliance
Property Development
Asset Management
Treasury
Investment
Real Estate Director
Property Manager
Commercial Lawyer
Legal Counsel
Chief Financial Officer
Operations Director
Facilities Manager
Asset Manager
Investment Manager
Treasury Manager
Risk Manager
Compliance Officer
Property Development Manager
Real Estate Investment Manager
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