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Commercial Lease To Own Agreement
"I need a Commercial Lease to Own Agreement for a retail space in Auckland CBD, where my company will lease the property for 2 years starting March 2025, with monthly rent payments of $8,000 partially credited toward a final purchase price of $1.2M, and I want to include specific provisions for store fit-out and signage rights."
1. Parties: Identification of the lessor/vendor and lessee/purchaser, including full legal names and addresses
2. Background: Context of the agreement, including property details and intention to transfer ownership
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpretation
4. Lease Terms: Duration of lease period, rent amounts, payment schedules, and review mechanisms
5. Purchase Option Terms: Conditions for exercising purchase option, purchase price calculation, and timing requirements
6. Rent Credit Towards Purchase: Specification of how rental payments contribute to the purchase price
7. Property Use and Maintenance: Permitted use, maintenance responsibilities, and property care obligations
8. Insurance and Risk: Insurance requirements, risk allocation, and liability provisions
9. Default and Remedies: Events of default, consequences, and remedies available to either party
10. Property Transfer Provisions: Process and requirements for final property transfer upon exercise of purchase option
11. Costs and Outgoings: Allocation of expenses, taxes, and other costs during lease and purchase phases
12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Guarantees: Required when there are personal or corporate guarantors for the lessee's obligations
2. Alterations and Improvements: Included when the lessee is permitted to make property modifications
3. Assignment and Subletting: Required when transfer of rights or subletting is to be permitted
4. Body Corporate Provisions: Included for properties subject to body corporate rules
5. Resource Consent Conditions: Required when specific land use conditions apply
6. Seismic Rating Provisions: Included for buildings requiring specific seismic performance standards
7. Environmental Matters: Required when environmental issues or responsibilities need addressing
1. Property Description Schedule: Detailed legal description of the property including title references
2. Payment Schedule: Detailed breakdown of rent payments, purchase price calculations, and credit arrangements
3. Condition Report: Initial property condition assessment and photographs
4. Maintenance Schedule: Detailed maintenance responsibilities and standards
5. Permitted Use Details: Specific terms and conditions of permitted property use
6. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
7. Fitout Specifications: Details of any agreed tenant improvements or modifications
8. Due Diligence Checklist: List of required investigations and confirmations before purchase option exercise
Authors
Business Day
Commencement Date
Common Areas
Completion Date
Default Interest Rate
Default Event
Exercise Notice
Exercise Period
Fair Market Value
GST
Improvements
Initial Term
Land
Lease Period
Lessee
Lessor
Maintenance
Option Fee
Option to Purchase
Outgoings
Permitted Use
Premises
Property
Purchase Price
Purchaser
Rent
Rent Credit
Required Insurance
Security Deposit
Settlement Date
Term
Title
Transfer Date
Vendor
Working Days
Purchase Option
Property Access
Maintenance and Repairs
Insurance
Assignment and Subletting
Default and Termination
Property Transfer
Title Warranties
Alterations and Improvements
Compliance
Dispute Resolution
Force Majeure
Notices
Outgoings
Property Use
Risk and Liability
GST
Guarantee
Indemnification
Quiet Enjoyment
Registration
Severability
Entire Agreement
Governing Law
Confidentiality
Health and Safety
Environmental Compliance
Building Compliance
Property Inspection
Commercial Real Estate
Retail
Manufacturing
Hospitality
Professional Services
Healthcare
Industrial
Warehousing and Logistics
Technology
Education
Food and Beverage
Legal
Finance
Operations
Facilities Management
Risk Management
Property Management
Corporate Real Estate
Procurement
Business Development
Executive Leadership
Chief Executive Officer
Chief Financial Officer
Commercial Property Manager
Real Estate Lawyer
Business Development Manager
Facilities Manager
Property Investment Manager
Commercial Lease Administrator
Risk Manager
Operations Director
Corporate Counsel
Finance Director
Business Owner
Property Portfolio Manager
Procurement Manager
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