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Deed Of Variation Commercial Lease
"I need a Deed of Variation Commercial Lease to extend our existing retail shop lease for an additional 5 years from March 2025, with a 15% increase in annual rent and updated outgoings provisions."
1. Parties: Identification of all parties to the deed, including the original landlord and tenant, and any new parties
2. Background: Recitals explaining the existence of the original lease, reason for variation, and parties' intention to vary the lease
3. Definitions: Key terms used in the deed, including reference to original lease definitions and any new definitions specific to the variation
4. Interpretation: Rules for interpreting the deed, including relationship with original lease
5. Operative Date: Specifies when the variations take effect
6. Confirmation of Lease: Confirms the original lease remains in force except as varied by this deed
7. Variations: Clearly specified changes to the original lease, with reference to specific clauses being varied
8. Costs: Responsibility for costs associated with the preparation and execution of the deed
9. GST: GST treatment of any payments under the deed
10. General Provisions: Standard boilerplate provisions including governing law, severability, and entire agreement
11. Execution: Formal execution provisions meeting deed requirements
1. Consent of Mortgagee: Required if there is a mortgagee whose consent is needed for the variation
2. Guarantor Provisions: Required if the original lease has guarantors who need to confirm their ongoing obligations
3. Registration: Required if the variation needs to be registered on the title
4. Bank Guarantee/Security Deposit: Required if there are changes to security arrangements
5. Condition Precedent: Required if the variations are subject to certain conditions being met
6. Representations and Warranties: Additional confirmations required for complex variations
1. Schedule 1 - Original Lease Details: Summary of key details from the original lease including date, parties, and premises
2. Schedule 2 - Varied Terms: Detailed presentation of the varied terms, showing both original and new versions
3. Schedule 3 - Calculation of Revised Rent: If rent is being varied, detailed calculations and new rent schedule
4. Schedule 4 - Plans: If premises are being varied, plans showing changes to the leased area
5. Appendix A - Copy of Original Lease: Complete copy of the original lease being varied
6. Appendix B - Required Consents: Copies of any third-party consents required for the variation
Authors
Real Estate
Retail
Commercial Property
Office Space
Industrial
Warehousing
Healthcare
Hospitality
Professional Services
Manufacturing
Logistics
Education
Legal
Property Management
Operations
Facilities
Commercial
Risk & Compliance
Corporate Services
Real Estate
Administration
Finance
Property Manager
Facility Manager
Legal Counsel
Commercial Lawyer
Real Estate Manager
Asset Manager
Operations Manager
Lease Administrator
Commercial Property Director
Risk Manager
Company Secretary
Business Development Manager
Corporate Services Manager
General Counsel
Leasing Executive
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