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Pre Lease Agreement
"I need a Pre-Lease Agreement for a retail space in Auckland CBD, where the tenant requires three months for fit-out works before commencing operations in March 2025, and we need to include special conditions about obtaining resource consent for signage."
1. Parties: Identification of the proposed landlord and tenant, including full legal names, addresses, and company registration numbers if applicable
2. Background: Context of the agreement, including property identification and the parties' intention to enter into a formal lease agreement
3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Commencement Date', 'Lease Term', etc.
4. Property Details: Specific description of the premises, including address, area, and any relevant title information
5. Commercial Terms: Key commercial terms including proposed rent, term, commencement date, and rent review mechanisms
6. Conditions Precedent: Conditions that must be satisfied before the formal lease is entered into, such as board approval, due diligence, or consent requirements
7. Timeframes: Key dates and deadlines for satisfaction of conditions, documentation, and lease commencement
8. Documentation: Agreement to enter into formal lease documentation and any specific requirements for the lease format
9. Good Faith: Obligations of parties to act in good faith in progressing the formal lease documentation
10. Costs: Allocation of costs related to the agreement and subsequent lease documentation
11. Execution: Formal signing section including date and party details
1. Exclusivity Period: Used when the landlord agrees not to negotiate with other potential tenants for a specified period
2. Due Diligence: Included when the tenant requires a period to investigate the property's suitability
3. Fit-out Works: Required when premises need modification before occupation, including approval processes and responsibilities
4. Guarantees: Include when personal or corporate guarantees are required
5. Resource Consent: Necessary when the proposed use requires specific planning or consent approvals
6. Early Access: Used when tenant requires access before lease commencement for fit-out or other purposes
7. Break Rights: Include if either party requires early termination rights in the formal lease
1. Property Plan: Floor plan or site plan showing the premises
2. Commercial Terms Schedule: Detailed breakdown of all commercial terms including rent, outgoings, and review mechanisms
3. Fit-out Specifications: Details of any agreed tenant or landlord works to be completed
4. Due Diligence Requirements: List of documents and information to be provided during due diligence
5. Special Conditions: Any unique requirements or agreements specific to this transaction
6. Required Consents: List of necessary consents and approvals required before lease execution
Authors
Real Estate
Retail
Commercial Property
Industrial
Healthcare
Professional Services
Hospitality
Education
Technology
Manufacturing
Warehouse and Distribution
Legal
Real Estate
Property Management
Operations
Finance
Facilities
Business Development
Asset Management
Risk and Compliance
Commercial
Property Manager
Real Estate Agent
Commercial Lawyer
Legal Counsel
Facilities Manager
Business Development Manager
Operations Manager
Chief Financial Officer
Property Developer
Leasing Executive
Asset Manager
Commercial Director
Tenant Representative
Property Portfolio Manager
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