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Lease With Option To Buy Commercial Property
"Need a Lease with Option to Buy Commercial Property agreement for a retail space in Auckland CBD, with a 5-year initial lease term starting March 2025, and an option to purchase that can be exercised after 3 years at a pre-agreed price of NZD 2.8M."
1. Parties: Identification of the lessor/vendor and lessee/purchaser, including full legal names, addresses, and company details if applicable
2. Background: Context of the agreement, including property details and the parties' intention to enter into both a lease and purchase option arrangement
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpreting the document
4. Lease Terms: Core lease provisions including term, rent, rent reviews, outgoings, and permitted use
5. Property Maintenance and Operations: Responsibilities for maintenance, repairs, insurance, and building operations
6. Option to Purchase: Terms of the purchase option, including price/pricing mechanism, exercise period, and exercise process
7. Exercise of Option: Procedure for exercising the purchase option, including notice requirements and timing
8. Purchase Terms: Conditions of sale that will apply if the option is exercised, including settlement process
9. Default and Remedies: Consequences of default under either the lease or option provisions
10. Assignment and Subletting: Rights and restrictions regarding assignment of the lease and/or option rights
11. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Guarantees: Required when there are personal or corporate guarantors for either the lease or option obligations
2. Alterations and Improvements: Include when the lessee is permitted to make significant modifications to the property
3. Environmental Matters: Required for properties with potential environmental issues or specific compliance requirements
4. Seismic Requirements: Include for buildings requiring specific seismic compliance or upgrading
5. Development Rights: Include when the lessee has rights to develop or substantially modify the property during the lease
6. Option Extension: Include when there are provisions for extending the option period
7. Multiple Tenancies: Required when the property has other tenants or future tenancy rights
8. Resource Consent Conditions: Include when specific resource consents affect the property use or development
1. Property Description: Detailed legal description of the property, including title references and area
2. Lease Terms Schedule: Detailed commercial terms including rent, review dates, outgoings, and key dates
3. Option Price Calculation: Formula or mechanism for determining the purchase price if not fixed
4. Condition Report: Detailed description of the property's condition at lease commencement
5. Permitted Use Details: Specific details of allowed commercial activities and any restrictions
6. Outgoings Schedule: Detailed breakdown of operating expenses and their allocation
7. Building Rules and Regulations: Specific rules governing the use and operation of the building
8. Plans and Drawings: Property plans, floor plans, and any relevant architectural drawings
Authors
Building
Business Day
Commencement Date
Common Areas
Completion Date
Default Interest Rate
Deposit
Due Diligence Period
Exercise Notice
Exercise Period
GST
Improvements
Initial Term
Land
Lease
Lease Term
Lessee
Lessor
Market Rent
Option
Option Exercise Date
Option Fee
Option Period
Outgoings
Permitted Use
Premises
Property
Purchaser
Rent
Rent Review Date
Settlement
Settlement Date
Title
Transfer
Valuation
Vendor
Working Day
Grant of Lease
Term of Lease
Rent and Outgoings
Rent Review
Payment Terms
Security Deposit
Property Access and Use
Permitted Use
Building Rules
Maintenance and Repairs
Alterations and Improvements
Insurance
Assignment and Subletting
Option to Purchase
Option Exercise
Purchase Price
Settlement Procedures
Due Diligence
Property Inspection
Title and Transfer
GST
Default and Remedies
Force Majeure
Health and Safety
Environmental Compliance
Utilities and Services
Quiet Enjoyment
Damage and Destruction
Termination
Dispute Resolution
Notices
Governing Law
Entire Agreement
Severability
Costs and Duties
Representations and Warranties
Indemnification
Confidentiality
Registration
Further Assurances
Retail
Commercial Office Space
Industrial and Manufacturing
Hospitality
Healthcare
Professional Services
Warehouse and Distribution
Technology and Innovation Hubs
Education
Entertainment and Recreation
Legal
Finance
Operations
Real Estate
Facilities Management
Risk and Compliance
Business Development
Property Management
Asset Management
Corporate Services
Property Manager
Commercial Lawyer
Real Estate Director
Facilities Manager
Chief Financial Officer
Business Development Manager
Operations Director
Legal Counsel
Risk Manager
Asset Manager
Procurement Manager
Commercial Director
Property Investment Manager
Lease Administrator
Corporate Real Estate Manager
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