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Agreements For Retail Leases And Shopping Center Leases

Lease Agreements
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LA 415 Pro-Tenant Lease Addendum With Exclusions To The Definition Of Operating Costs

This Lease Addendum is a pro-tenant list of specific items that are excluded from the landlord drafted definition of operating expenses.

Operating expense definitions drafted by the landlord are generally extremely broad in scope, and frequently include items that tenants find objectionable. This pro-tenant addendum is designed to fix that problem.

Number of Single Spaced Pages: 14

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LA 551 The Pro-Landlord Urban High Rise Retail Lease

This lease is designed for the urban high rise retail mall. It is pro-landlord in tone, and the minimum rent and percentage rent are specified in the captions page where the business deal is specified.

The lease contains a continuous operations clause, which is common for retail percentage rent leases.

Number of Single Spaced Pages: 31

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LA 227 Percentage Rent Lease For Large Hardware And Garden Store

This percentage rent store lease is for a large hardware and garden store operator who will have a greenhouse attached to a "big box" retail location. The minimum rental is adjusted by the CPI every five years, and the tenant pays percentage rent in excess of a stipulated breakpoint.

The lease has a work letter with extensive specification of materials and construction standards, a memo of lease for recordation, and a nondisturbance and subordination agreement as exhibits.

Number of Single Spaced Pages: 49

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LA 1385 Pro-Tenant Lease For Supermarket In Shopping Center

This lease is for a supermarket taking space in a shopping center. The tenant's anchor status give it the leverage to negotiate an extremely pro-tenant lease.

Pro-tenant provisions include substantial tenant control over the development and operation of the center as it relates to the tenant's operation.

Number of Single Spaced Pages: 62

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LA 561 The Pro-Landlord Retail Lease For The Office Lobby Tenant

This lease is designed for a retail ground floor tenant taking space in the lobby of a major office building.

It departs from the office lease for the same property in several respects, particularly with respect to percentage rent.

Number of Single Spaced Pages: 37

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LA 1397 Percentage Rent Lease For Deluxe Cinema Complex In A Retail Complex

This lease is designed for a luxury movie theater located in a retail center. The tenant pays percentage rent, and is liable for its prorata share of operating costs in the center.

The form contains many provisions relating specifically to the cinema industry, including those in the percentage rent section defining "Box Office Receipts."

Number of Single Spaced Pages: 49

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LA 1525 Comprehensive Pro-Landlord Regional Shopping Center Lease

This pro-landlord lease is designed for a regional shopping center tenant taking shop space in the mall. The form provides for minimum rent, percentage rent, grand opening contribution from the tenant, and prorata payment of operating costs for the center.

The form also gives the landlord substantial control over the tenant's business operations (including operating covenants) and trade name used in the premises.

Number of Single Spaced Pages: 44

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LA 1605 Neighborhood Supermarket Lease In Retail Center With Tenant Financing Contingency And Initial Free Rent Period

This pro-landlord lease is designed for a supermarket taking space in a neighborhood shopping center. The lease contains a financing contingency in favor of the tenant, and if the tenant is unsuccessful in obtaining satisfactory financing, it may terminate the lease.

The form provides for minimum rent, percentage rent, and prorata payment of operating costs for the center, subject to pro-tenant limitations. Exhibits included: Work Letter, Landlord's Work, Sign Criteria, Guaranty.

Number of Single Spaced Pages: 40

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LA 511 The Pro-Landlord Neighborhood Shopping Center Lease

This retail lease is designed for a neighborhood shopping center, such as those anchored by a supermarket and/or a superdrug.

Normally the anchors would have substantial concessions in their deals with the landlord, and this form is for the other tenants in the complex that occupy the shop space.

Number of Single Spaced Pages: 36

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LA 305 Retail Lease For Gourmet Food And Wine Market With Right Of First Refusal To Purchase

This retail lease is designed for an upscale gourmet food and wine market with a bakery as part of its operation. The lease is for the entire building, and gives the tenant three five year options beyond the original term at fair market rentals.

The lease provides for signage rights for the tenant, including the right to apply for permits for a freestanding sign for the business. The lease also contains a right of first refusal to purchase the property in favor of the tenant.

Number of Single Spaced Pages: 32

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LA 731 Lease For Copy Shop (Kinkos Type) Without Percentage Rent Located On Ground Floor Of Office Building

The form that follows is for a retail copy and duplication operation located on the ground floor of a downtown office building.

The tenant pays fixed base rent and its prorata share of operating costs and taxes, but does not have to pay percentage rent.

Number of Single Spaced Pages: 43

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LA CA106 California Retail Lease With Percentage Rent For Ground Floor Boutique In Downtown Office Building

This form is for a California retail tenant with a boutique located on the ground floor of a downtown office building. The tenant is obligated to pay minimum and percentage rent, as well as its share of operating costs for the building.

In an unusual feature, the lease allows the tenant to include amounts paid for operating costs and parking, real estate taxes, etc. with minimum rent when calculating percentage rent.

Number of Single Spaced Pages: 57

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LA CA107 Pro-Landlord California Lease With Percentage Rent For As-Is Space In Neighborhood Shopping Center

This pro-landlord form is for a California retail tenant taking space in a neighborhood shopping center. The space is being taken by the tenant on an as-is basis, with no improvements required from the landlord.

The tenant is obligated to pay percentage rent as well as minimum rent and its proportionate share of operating costs for the center. Several exhibits are included as indicated below.

Number of Single Spaced Pages: 50

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LA 1601 Percentage Rent Lease Of Hotel Previously Operated By Landlord To New Operator Tenant

This form is for the lease of a hotel formerly run by the landlord to a new operator tenant. The lease is a percentage rental lease, and all sales from the hotel operation, including room receipts and food and beverage receipts, among others, are included in the definition of gross sales.

The lease also contains a variety of operating covenants for the tenant.

Number of Single Spaced Pages: 20

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LA 1521 Lease For Downtown Furniture Store In Retail Complex Without Percentage Rent

This lease agreement is for the lease of a furniture store in a downtown retail complex. The tenant pays no percentage rent, but is responsible for its prorata share of taxes and expenses for the complex.

The tenant takes the space in an as-is physical condition, and has an option to renew at the end of the initial term for fair market rentals.

Number of Single Spaced Pages: 36

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LA 481 Ground Lease For An Anchor In A Retail Strip Mall

This pro-tenant agreement was designed for an anchor tenant ground leasing property within the boundaries of a major strip mall. The anchor would then build its own store and the landlord would build out the remaining shop space for the center.

The common areas of the center were developed by the parties in a cooperative manner pursuant to the terms of a construction exhibit attached to the lease.

Number of Single Spaced Pages: 37

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LA 541 The Pro-Tenant Percentage Rent Lease Where The Tenant Builds The Premises With A Landlord Contribution

This Lease Agreement is a pro-tenant lease where the tenant builds the premises according to its standard store plans, and pays the landlord both minimum and percentage rent.

The landlord makes a contribution to the cost of construction, and anything in excess of the landlord's contribution must be paid for by the tenant.

Number of Single Spaced Pages: 17

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LA 1221 Shopping Center Ground Lease To Large Home Improvement And Hardware Store Anchor

This ground lease is designed for an anchor tenant in a shopping center which sells home improvement products. The tenant's store will be built on a pad within the center, but the tenant is not obligated to pay percentage rent.

The tenant is subject to an opening covenant, and an operating covenant, but their terms are far more relaxed than those found in leases for smaller "shop" tenants.

Number of Single Spaced Pages: 64

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LA 715 Simple Pro-Tenant Lease For Office, Industrial, Or Retail Commercial Property

This form is for a deal where the tenant has superior leverage. It gives the tenant the right to use the premises for "any legal use," and has very abbreviated remedies for the landlord in the event of a tenant default.

It is also pro-tenant in character because of the clauses it does not contain which customarily appear in pro-landlord forms relating to remedies and a variety of other pro-landlord provisions.

Number of Single Spaced Pages: 15

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LA 751 Simple Retail Strip Center Store Lease Without Percentage Rent

This is a simple retail store lease for space in a retail complex.

No percentage rent is payable by the tenant, but the tenant is responsible for its prorata share of real estate taxes, insurance, and common area maintenance for the strip center.

Number of Single Spaced Pages: 13

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LA 1693 Simple Pro-Tenant Storefront Lease With CPI Rent Adjustments Without Percentage Rent

This net lease is designed for a tenant leasing space in a retail storefront. No percentage rent is payable, but the minimum rent is adjusted periodically using the CPI.

The document is relatively pro-tenant in tone, and many of its provisions are short and sweet which tends to favor the tenant.

Number of Single Spaced Pages: 16

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LA FL102 Florida Shopping Center Lease For Major Tenant With Extensive Pro-Tenant Modifications

This percentage rent form is for a Florida shopping center tenant with considerable leverage, and the lease has pro-tenant modifications sprinkled throughout. There are percentage limitations on various expense items, for example, the tenant's share of common area maintenance costs has a fixed dollar limitation for year one of the lease, and the tenant's share cannot increase more than five percent per year thereafter (compared to the preceding year). The tenant has a termination right if its sales do not exceed a certain amount in specified years, but must pay the landlord a termination payment if the tenant exercises that right.

Number of Single Spaced Pages: 51

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LA 1609 Ground Lease For Freestanding Retail Store Including Adjacent Parcel To Be Acquired By Landlord

This form is for a ground lease to a tenant planning to build a large retail store on the property. The landlord is obligated to try to acquire a contiguous adjacent parcel, and the ground lease will terminate if the landlord fails to do so within six months after the execution of the lease.

The lease permits assignment by the tenant to a third party developer who will construct the improvements, and then lease the improved premises to tenant, subject to the ground lease.

Number of Single Spaced Pages: 37

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