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Commercial Lease Agreement With Option To Purchase
"I need a Commercial Lease Agreement with Option to Purchase for a warehouse property in Auckland, with a 5-year initial lease term starting March 1, 2025, and an option to purchase that can be exercised after 3 years at a pre-agreed price of NZD 2.8 million."
1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and company details if applicable
2. Background: Context of the agreement, including property details and the intention to grant both a lease and purchase option
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation
4. Grant of Lease: The formal granting of the lease, specifying the premises and any exclusive or common areas
5. Term of Lease: Commencement date, duration, and any rights of renewal
6. Rent and Operating Expenses: Rental amount, payment terms, review mechanisms, and operating expense obligations
7. Option to Purchase: Terms and conditions of the purchase option, including price or price mechanism, exercise period, and process
8. Use of Premises: Permitted use of the premises and any restrictions
9. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and improvements
10. Insurance and Risk: Insurance requirements for both parties and risk allocation
11. Default and Remedies: Events of default and corresponding remedies for both lease and purchase option
12. Assignment and Subletting: Rights and restrictions regarding assignment and subletting
13. Termination: Circumstances and processes for termination of the lease and/or purchase option
14. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Guarantees: Required when there are personal or corporate guarantors for the tenant's obligations
2. Alterations and Improvements: Detailed provisions for when significant modifications to the premises are contemplated
3. Environmental Matters: Required for properties with potential environmental concerns or specific compliance requirements
4. Seismic Performance: Important for buildings in earthquake-prone areas or where seismic ratings are a concern
5. Property Management: Required when specific property management arrangements need to be detailed
6. Right of First Refusal: Optional additional right if the landlord wishes to sell to a third party
7. Development Rights: Required when future development of the property is contemplated
8. Break Clause: Optional early termination provisions for either party
1. Schedule 1: Property Details: Detailed description of the premises, including title references and plans
2. Schedule 2: Rent and Operating Expenses: Detailed breakdown of rent calculations, review mechanisms, and operating expense components
3. Schedule 3: Condition Report: Detailed report on the condition of the premises at lease commencement
4. Schedule 4: Maintenance Responsibilities: Detailed allocation of maintenance and repair responsibilities
5. Schedule 5: Purchase Option Terms: Detailed terms of the purchase option, including price calculation method and exercise procedures
6. Schedule 6: Guarantor Obligations: Details of guarantor commitments and obligations if applicable
7. Appendix A: Property Plans: Floor plans, site plans, and area calculations
8. Appendix B: Building Compliance Documents: Relevant building warrants of fitness and compliance documents
9. Appendix C: Fitout Specifications: Details of any agreed tenant fitout works
Authors
Building
Business Day
Commencement Date
Common Areas
Condition Precedent
Default Interest Rate
Default Event
Exercise Notice
Exercise Period
Expiry Date
Fair Market Value
GST
Guarantor
Improvements
Initial Term
Land
Landlord
Landlord's Fixtures
Lease
Lease Year
Lessee's Improvements
Mortgagee
Operating Expenses
Option Fee
Option Period
Option to Purchase
Outgoings
Permitted Use
Premises
Property
Purchase Completion Date
Purchase Price
Rent
Rent Review Date
Resource Consent
Security Deposit
Settlement Date
Tenant
Tenant's Fixtures
Term
Valuation Date
Valuer
Working Day
Grant of Lease
Term and Renewal
Rent and Payment
Operating Expenses
Security Deposit
Option to Purchase
Purchase Price
Option Exercise
Property Settlement
Use of Premises
Compliance with Laws
Alterations and Improvements
Maintenance and Repairs
Insurance
Assignment and Subletting
Property Access
Utilities and Services
Health and Safety
Environmental Compliance
Default and Remedies
Damage and Destruction
Termination
Force Majeure
Quiet Enjoyment
Landlord's Covenants
Tenant's Covenants
GST and Taxation
Property Management
Building Rules
Signage
Car Parking
Guarantees
Indemnification
Dispute Resolution
Notices
Governing Law
Severability
Entire Agreement
Costs
Confidentiality
Real Estate
Retail
Hospitality
Professional Services
Manufacturing
Warehousing & Logistics
Healthcare
Education
Technology
Financial Services
Construction
Agriculture
Legal
Finance
Real Estate
Operations
Facilities Management
Risk & Compliance
Property Management
Asset Management
Business Development
Procurement
Investment
Corporate Services
Chief Executive Officer
Chief Financial Officer
Property Manager
Facilities Manager
Real Estate Director
Commercial Lawyer
Legal Counsel
Business Development Manager
Operations Manager
Risk Manager
Asset Manager
Investment Manager
Commercial Director
Finance Director
Procurement Manager
Lease Administrator
Property Surveyor
Real Estate Agent
Business Owner
Portfolio Manager
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