Ideally, your AFL contains more detail than an HOA; However, these two documents may be enforceable provided that an agreement is reached on the following basic criteria: considerations that should be dealt with in a lease agreement: Carry over Bonds Typically, an AFL is structured to settle contractual obligations until the start of the lease agreement. As such, there is usually a clause stipulating that the AFL contract is terminated at the beginning of the lease. While this seems acceptable in principle, there may be unintended consequences. The lessor may have had obligations within the AFL to complete the building and, unless there is an express requirement that these obligations be included in the lease, they are no longer applicable. There are many other similar practical and business provisions that must be agreed upon for registration in the AFL, but which are often ignored when negotiating the terms of the future lease. Caveat emptor. If a party wishes to challenge the terms of an AFL or lease on the grounds that these documents do not reflect the agreement reached between the parties, it may be referred to LOO. However, this is not an easy exercise and can take time and costly. Basic construction if a tenant commits to a lease agreement at an early stage of the development process, it is possible to request modifications to the basic construction work. These modifications can be improvements to improve the performance of the building, such as the installation of an elevated floor. B or work to facilitate installation.
B rental, such as leaving an opening in the floor slab to allow the construction of an internal staircase. The structuring of the AFL must take into account the impact of these requested changes in order to avoid legal problems. Practical work on completion and development of the occupancy for the lease usually begins with the ”practical completion” of the building. This concept and method to determine whether achieved should be defined in the AFL. For example, if two floors rented to a tenant are ready while the rest of the building is still a construction site, does this fit the definition of practical completion? The final practical determination should not be left to the developer, but should be equipped with a checklist with independent validation since then. This procedure may require. B the commissioning and control of mechanical services, the provision of drawings ”as built” and the issuance of the professional certificate and all other legal authorizations. Alternatively, you can secure the property for a while without locking yourself in an AFL and taking a binding obligation to enter into a lease. In this case, you have the option of agreeing to continue negotiations within an exclusive negotiation period without a binding obligation to conclude an AFL. The parties should take due account of the scope of the ”comprehensive agreement” clause in the AFL or the lease. If so, this clause should also include LOO as part of the agreement between the parties. If an LOO is not included in such a clause, it becomes more difficult for a party to argue that the AFL or lease does not reflect the terms of LOO.