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Lease Modification Agreement
"I need a Lease Modification Agreement for our retail space in Sydney CBD, extending the current 5-year lease term by an additional 3 years from March 2025, with a 10% increase in annual rent and updated maintenance obligations."
1. Parties: Identifies all parties to the agreement, including the landlord/lessor and tenant/lessee
2. Background: Recitals establishing the existence of the original lease, its key details, and the parties' desire to modify it
3. Definitions: Defines key terms used in the agreement, including references to the original lease and any new terms introduced by the modification
4. Interpretation: Establishes rules for interpreting the agreement and its relationship with the original lease
5. Effective Date: Specifies when the modifications will take effect
6. Modifications to Original Lease: Details the specific changes being made to the original lease, with clear reference to the sections being modified
7. Confirmation of Unmodified Terms: Confirms that all terms of the original lease not explicitly modified remain in full force and effect
8. Costs and Stamp Duty: Addresses responsibility for costs associated with preparing and executing the modification agreement
9. Governing Law: Confirms the jurisdiction and applicable law
10. Execution: Formal execution blocks for all parties
1. Regulatory Compliance: Required when the modification triggers specific regulatory requirements, such as retail lease regulations
2. Mortgagee Consent: Required when the landlord's mortgagee needs to consent to the modifications
3. Registration: Required when the modification needs to be registered with land title authorities
4. GST: Required when the modification affects GST treatment or payments
5. Security Variation: Required when existing security arrangements (such as bank guarantees or deposits) need to be modified
6. Condition Precedents: Required when the modifications are subject to certain conditions being met before becoming effective
1. Schedule 1 - Modified Terms: Detailed listing of the specific modifications to the original lease
2. Schedule 2 - Original Lease: Copy of the original lease being modified
3. Schedule 3 - Plan: If the modification affects the leased premises, includes updated plans or drawings
4. Schedule 4 - Special Conditions: Any special conditions specific to the modification
5. Appendix A - Mortgagee Consent Form: Form of mortgagee consent if required
6. Appendix B - Modified Security Documents: If security arrangements are being modified, includes the new or amended security documents
Authors
Real Estate
Retail
Commercial Property
Industrial
Healthcare
Education
Hospitality
Manufacturing
Logistics
Professional Services
Technology
Banking and Finance
Legal
Real Estate
Facilities Management
Operations
Finance
Risk and Compliance
Corporate Services
Administration
Property Management
Contract Management
Property Manager
Legal Counsel
Real Estate Manager
Facilities Manager
Commercial Lease Administrator
Asset Manager
Property Officer
Leasing Executive
Contract Manager
Real Estate Director
Corporate Services Manager
Operations Manager
Chief Financial Officer
Company Secretary
Risk Manager
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