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Business Lease To Own Agreement
"I need a Business Lease to Own Agreement for a retail warehouse in Auckland CBD, with a 3-year initial lease term starting March 2025, and an option to purchase at year 3, where 40% of the monthly rent payments will count towards the final purchase price."
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 a lease with an option to purchase
3. Definitions: Key terms used throughout the agreement, including Property, Commencement Date, Purchase Option, etc.
4. Lease Terms: Duration of lease, rent amount, payment schedule, and other standard lease conditions
5. Property Use and Maintenance: Permitted use of property, maintenance responsibilities, and condition requirements
6. Purchase Option Terms: Details of the purchase option, including purchase price, option exercise period, and conditions precedent
7. Option Exercise Process: Procedure for exercising the purchase option, including notice requirements and timeframes
8. Financial Terms: Rent credits towards purchase, deposit requirements, and payment structure
9. Insurance and Risk: Insurance requirements, risk allocation, and liability provisions
10. Default and Remedies: Events of default, consequences, and remedies available to either party
11. Assignment and Subletting: Restrictions and conditions for assignment or subletting of the lease or purchase rights
12. Notices: Requirements for giving formal notices under the agreement
13. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and entire agreement
1. Guarantees: Required when personal or corporate guarantees are provided for the lease or purchase obligations
2. Fitout and Alterations: Included when the agreement allows for or requires specific modifications to the property
3. Environmental Matters: Required when the property has specific environmental considerations or compliance requirements
4. GST Provisions: Detailed GST treatment when either party is GST-registered
5. Property Management: Included when specific property management arrangements are required during the lease period
6. Development Rights: Required when the agreement includes rights or obligations regarding property development
7. Early Purchase Options: Included when there are provisions for exercising the purchase option before the standard exercise date
1. Property Description: Detailed description of the property including title details, boundaries, and improvements
2. Rent Schedule: Detailed breakdown of rent payments, including any scheduled increases
3. Purchase Price Calculation: Formula for determining final purchase price, including rent credits and adjustments
4. Condition Report: Detailed report on the property's condition at lease commencement
5. Maintenance Schedule: Specific maintenance obligations of each party
6. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
7. Permitted Use Details: Specific details of permitted business activities and any restrictions
8. Option Exercise Notice: Pro-forma notice for exercising the purchase option
Authors
Commercial Real Estate
Retail
Manufacturing
Hospitality
Professional Services
Healthcare
Warehousing and Distribution
Technology
Education
Industrial
Food and Beverage
Automotive
Legal
Finance
Operations
Real Estate
Risk Management
Facilities Management
Business Development
Property Management
Commercial Development
Corporate Affairs
Chief Executive Officer
Chief Financial Officer
Commercial Property Manager
Real Estate Director
Business Development Manager
Legal Counsel
Property Lawyer
Finance Manager
Operations Director
Facilities Manager
Risk Manager
Commercial Property Agent
Business Owner
Company Director
Property Portfolio Manager
Lease Administrator
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