-- SAMPLE -It's a great honor of me to upload free professional documents for you, and definitely I'll continue my hard work. Hope you'll find it helpful. By the way, I'll be quite appreciated if you could pay a visit to my small digital shop (Electronics, Wireless Accessories, Computers, Video Games, Cell phones, DVD, Music, Cameras) sponsored by Amazon: http://astore.amazon.com/digital-life-20 Should you find it convenient, you might want to bookmark it as well. Thank you very much!
PROPOSAL TO LEASE
1.Landlord:
Swans Marketplace Partnership, L.P., A California Limited Partnership, (Landlord), which is represented by its property manager, East Bay Asian Local Development Corporation.
2.Tenant: 3.Premises: 4. Use of Premises:
5. Term and Options: 6. Base Rent: 7. Additional Costs By Tenant:
The initial term of the lease shall be for (___) years. Tenant shall have the option to extend the lease for _____ years. Tenant’s Base Rent shall be $_______ for the first year of the lease term. (See Paragraph 11 for escalations.) All utilities (gas, electricity, and water); janitorial costs within the premises; delivery of all wet and dry trash from the premises to the common area trash receptacles; maintenance of fixtures and facilities within the premises (see paragraph 13.H); and pro-rata share of CAM costs (see paragraph 9). Landlord’s Common Area Maintenance (CAM) items include the following: Common area utilities, maintenance of common areas, 3-6 hours per day security guard in common areas, building operations, and trash removal from common area receptacles. Beginning in the second year, CAM items will include property taxes and property insurance. Tenant shall not be required to pay any increase(s) in
8. CAM Items By Landlord:
NOTICE: This document is provided as an example only and is presented "as is" without warranty of any kind. Be sure to consult an attorney or other qualified professional to develop documents appropriate to your specific circumstances.
-- SAMPLE -property taxes due to transfer or sale of the property in which the Premises are a part.
NOTICE: This document is provided as an example only and is presented "as is" without warranty of any kind. Be sure to consult an attorney or other qualified professional to develop documents appropriate to your specific circumstances.
-- SAMPLE --
9. Additional Rent; CAM Charges by Tenant: 10. Annual CAM Adjustments 11. Increases In Base Rent:
Tenant shall pay an additional CAM charge of $0.37 per sq. ft. for the first year of the term. Based on the _______ square-foot premises, Tenant’s total Monthly Base Rent and CAM charges shall be $________ for the first year. CAM shall be adjusted annually starting in the second year based on actual change in the prorated CAM items described as Additional Rent CAM Charges. Increases in taxes and other CAM expenses of the complex shall be passed on to the Tenant. A. Initial Term. The Monthly Base Rent of $______ for the second year shall be increased annually by the CPI Index-(SF/Bay Area Office/Clerical Wage Earners) with an annual minimum of 3% and an annual maximum of 8%. B. Option Periods. On the anniversary of the Rent Commencement Date of year ___, the Monthly Base Rent shall be adjusted to reflect the Market Rent in accordance with a procedure to be specified in the Lease. The Monthly Base Rent beginning on the anniversary of the Rent Commencement Date from years ___to ___ shall be increased based by the CPI Index (SF/ Bay Area Office/Clerical Wage Earners) with an annual minimum of 3% and an annual maximum of 8%.
12. Improvements and Actions to be completed and paid for by Landlord:
A. Fire and Safety code work related to the shell improvements of Tenant’s Space; B. Handicap accessibility related to ground floor shell improvements. C. Facades as currently designed. D. A common electrical conduit for sub-panel. E. Placement of troweled concrete slab floor. F. Common garbage and recycling area. G. Meter Room designed to accommodate the Pacific Bell Telephone board, and H. Meters for gas, electricity, and water.
Page 3 of 6
-- SAMPLE --
13. Improvements to be completed and paid for by Tenant:
A. Upon approval of the final design, installation of all signs. Landlord shall provide a sign program to guide Tenant’s final design. B. HVAC system and all fixtures and facilities related to the HVAC system, if wanted by Tenant. C. All lighting, fixtures, trade equipment (including hood), furnishings, and other related personal property. D. Maintenance of all fixtures and facilities discussed above in 13.A13.F.
15. Tenant’s Contingencies:
Tenant is making this Proposal subject to the following contingencies, which Tenant shall either remove or waive in writing within the number of days after execution of this Proposal, or the Proposal will be void: A. Tenant’s approval of its inspections and cost estimates for building out the Premises. (60 days) B. Tenant’s receipt of all necessary governmental permits necessary for Tenant’s operation of its intended business. C. Tenant’s confirmation of financing necessary to proceed. (90 days) Tenant understands that it must submit documents to Landlord as listed below within the number of days after execution of this Proposal, as stated below, and that Landlord must then approve the following documents of Tenant or this Proposal will be void: A. Financial statements and other documents needed to demonstrate that Tenant has the financial capacity to undertake the subject transaction. If Tenant intends to get financing, Tenant shall outline his approach to obtain said financing. (30 days). B. A conceptual design plan for the restaurant (30 days). C. A draft business plan including a break-even cash-flow analysis and staffing plan (30 days). D. Name of architect, if Tenant intends to use an architect other than Y.H. Lee, the Landlord’s architect.
16. Landlord’s Contingencies
17. Lease Commencement:
The lease term is to commence approximately ________________.
Page 4 of 6
-- SAMPLE -The Tenant will pay the equivalent of the first month’s rent as a good faith deposit upon execution of this Proposal and will pay a security deposit of $____________ when the lease is signed. All deposits to be refunded to Tenant if a lease, with no contingencies, is not fully executed. A leasing commission shall be paid by Landlord to Ritchie Commercial. Both parties acknowledge and agree that all of the information contained herein and exchanged through the course of negotiations shall remain confidential except for disclosure to funding sources which are considering or have provided funding to complete the Swans Project. Tenant and Landlord agree to indemnify, defend and hold harmless each other against and with respect to all claims, costs, expenses, obligations, liabilities, damages, recoveries, including interest, penalties, engineering consultant and attorneys’ fees that each party shall incur or suffer which arise, result from, or relate to any toxic pollutant or contaminant existing in, on or beneath the property (or groundwater) or any improvement or equipment on the property; unless due to the negligence or misconduct by either party. It is understood that one of the reasons for the rehabilitation of Swan’s is the opportunity for creating jobs for the community, targeting low income residents of Oakland. By signing below, the potential Tenant agrees to work with EBALDC and its partners to help meet these employment goals through notification of upcoming job openings and willingness to interview applicants referred through this program. EBALDC and its partners will take on the responsibility of careful screening for job qualifications, training, and support services for the job applicant to be successful and help meet the needs of the employer. Part of the program will include incentives for employers, which may include tax benefits and salary and training subsidies. Upon execution of the lease, Tenant authorizes Landlord to post a banner on the building that says, “Future Home of ___________”.
18. Deposit:
19. Commissions: 20. Confidentiality
21. Indemnification:
22. Job Creation:
23. Miscellaneous
Page 5 of 6
-- SAMPLE --
After this Proposal is fully executed and all contingencies are removed, the executed Proposal is to be used for drafting a Lease and is not binding on either party until the Lease is executed by Tenant and Landlord. Any conflicts between the executed Proposal and the Lease shall be controlled by the Lease.
Agreed by Tenant: Date__________ _______________________________
Address______________________________________________________ Telephone:
Agreed by Landlord: Date__________ _______________________________ By: Lynette Jung Lee, Executive Director of Swans Marketplace, Inc., General Partner of Swans Marketplace Partnership, L.P. 310 8th Street, Suite 200 Oakland, CA 94607 (510) 287-5353
Page 6 of 6