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Ground Lease Agreement

This Ground Lease Agreement template is for businesses wishing to lease land for a long term, upon which they will construct and own buildings or make other improvements. It is suitable for diverse commercial developments in a Southern African context.

Updated 17d ago
ground leaseland leasecommercial leasereal estatepropertylong-term leasefinancingSouthern Africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Ground Lease Agreement

Ground Lease Agreement

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

GROUND LEASE AGREEMENT

This Ground Lease Agreement (hereinafter referred to as the "Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

Landlord: {{landlord_company_name}}, a company duly incorporated and existing under the laws of {{landlord_jurisdiction}}, with its principal place of business at {{landlord_address}} (hereinafter referred to as "Landlord").

Tenant: {{tenant_company_name}}, a company duly incorporated and existing under the laws of {{tenant_jurisdiction}}, with its principal place of business at {{tenant_address}} (hereinafter referred to as "Tenant").

WHEREAS, the Landlord is the registered owner of the immovable property described below (hereinafter referred to as the "Leased Premises"); and

WHEREAS, the Tenant desires to lease the Leased Premises from the Landlord for the purpose of constructing and operating {{purpose_of_lease}};

1. Leased Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the following described property (hereinafter referred to as the "Leased Premises"): {{property_description}} Physical Address: {{physical_address}} Title Deed Information: {{title_deed_number}}

2. Term of Lease

The initial term of this Lease shall be for a period of {{initial_term_years}} ({{initial_term_years_words}}) years, commencing on {{commencement_date}} and terminating on {{termination_date}} (hereinafter referred to as the "Initial Term").

The Tenant shall have the option to renew this Lease for {{number_of_renewal_periods}} ({{number_of_renewal_periods_words}}) additional periods of {{renewal_period_years}} ({{renewal_period_years_words}}) years each, provided that the Tenant gives written notice to the Landlord of its intention to renew at least {{notice_period_days}} days prior to the expiration of the then-current term.

3. Rental Payments

The Tenant shall pay to the Landlord a basic annual rent of {{annual_rent_amount}} ({{annual_rent_amount_words}}) in {{currency}} (hereinafter referred to as the "Basic Rent"), payable in equal monthly instalments of {{monthly_rent_amount}} ({{monthly_rent_amount_words}}) in {{currency}} on the first day of each month, in advance, without deduction or set-off, commencing on {{first_payment_date}}.

The Basic Rent shall be reviewed and adjusted on each anniversary of the commencement date in accordance with the Consumer Price Index (CPI) or {{agreed_escalation_method}}, with a minimum increase of {{minimum_escalation_percentage}}% per annum.

4. Use of Leased Premises

The Leased Premises shall be used by the Tenant solely for the purpose of {{permitted_use_of_premises}} and for no other purpose without the prior written consent of the Landlord.

The Tenant shall be responsible for obtaining all necessary permits, licenses, and approvals from relevant governmental authorities for its intended use of the Leased Premises.

5. Construction and Improvements

The Tenant shall, at its own cost and expense, construct and maintain {{description_of_improvements}} on the Leased Premises in accordance with plans and specifications approved by the Landlord, which approval shall not be unreasonably withheld or delayed.

All buildings and improvements erected on the Leased Premises by the Tenant shall remain the property of the Tenant during the term of this Lease. Upon termination of this Lease, all such improvements shall revert to the Landlord, free and clear of all liens and encumbrances, unless otherwise agreed in writing.

6. Insurance

The Tenant shall, at its own expense, maintain comprehensive general liability insurance with a reputable insurer, insuring both the Landlord and the Tenant against any claims for personal injury or property damage arising out of the Tenant's use of the Leased Premises, with coverage limits of not less than {{liability_insurance_amount}} ({{liability_insurance_amount_words}}) in {{currency}}.

The Tenant shall also maintain all-risk property insurance covering the improvements on the Leased Premises for their full replacement value, naming the Landlord as an additional insured.

7. Default and Termination

In the event of a material breach of any provision of this Agreement by either party, the non-breaching party shall give written notice to the breaching party specifying the nature of the breach. If the breaching party fails to remedy the breach within {{cure_period_days}} ({{cure_period_days_words}}) days of receipt of such notice, the non-breaching party may terminate this Agreement immediately upon further written notice.

The Landlord shall have the right to terminate this Agreement in the event of the Tenant's failure to pay rent when due, provided that the Landlord has given the Tenant {{rent_default_notice_days}} ({{rent_default_notice_days_words}}) days' written notice to cure such default.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.

Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of {{arbitration_or_court_venue}}.

9. SIGNATURES

IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease Agreement as of the date first above written.

LANDLORD:

By: ________________________

Name: {{landlord_signatory_name}}

Title: {{landlord_signatory_title}}

TENANT:

By: ________________________

Name: {{tenant_signatory_name}}

Title: {{tenant_signatory_title}}

WITNESSES:

1. ________________________

Name: {{witness_one_name}}

2. ________________________

Name: {{witness_two_name}}

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