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Lease Modification Assignment
Four Parts (to be submitted in weekly installments)

Overview of Assignment.
  • The Assignment has four parts each to be submitted on four successive weeks at the beginning of the semester (see below).

    • A hypothetical client has requested revisions to a draft lease lease that has not yet been executed.  The assignment is to draft four new sections (in four weekly installments) that are to be added to the existing draft lease.  Submit them to the supervisor in weekly installments.

    • CLICK HERE to view the existing unsigned draft lease.

    • Submit only the new lease sections that you created - don't include any of the text from the existing lease.

  • NONE OF THE PROVISIONS IN THE EXISTING DRAFT LEASE ARE TO BE EDITED.  The assignment is to create four new sections that can be inserted into the existing draft lease.  Each of the four newly created sections is to be submitted to the supervisor as a stand-alone Word file in four weekly submissions as instructed in the Syllabus

  • Use a Standard Form Book:  One purpose of this assignment is to familiarize students with the practice of using standard form books to create legal documents.

    • ALL of the raw templates needed for this assignment can be found in American Jurisprudence Legal Forms 2d which can be accessed on Westlaw

    • In that form book the most promising raw templates can All be found in Chapter 161 ("Lease of Real Property") under subsection IV ("Optional Lease Provisions")

    • The relevant raw templates in the form book are close to what is needed but, of course, they will need to be modified to meet the needs of the hypothetical client.

Listing of Provisions to be Added to Lease
  • Four parts, each to be submitted as separate stand-alone Word files in four successive weekly installments by the deadlines specified in the Syllabus
  • put "lease modification 1" in subject line (substitute "2","3", or "4" depending what is being submitted
  • make "lease modification 1" in the first part of file name (substitute "2","3", or "4" depending what is being submitted)

    • PART ONE:  "Extended" Lease Terms.
    • In addition to the "Term" specified in the existing lease the student shall to add language that will give the Lessee the option of extend the Term for an additional three years (perhaps define this as the "Extended Term").

    • To exercise the option for the Extended Term the Lessee must give the Lessor 60 days written notice prior to the expiration of the original Term.

    • The monthly Base Rent payable for the Extended Term shall be 5% more than the Base Rent payable during the original Term.

    PART TWO:  Lessee to Construct Improvements.
    • The Lessee shall be required to make specified renovations and improvements to the Premises during the first year of the original Term.

    • The best candidate for the relevant raw template can be found in 161(IV)(G)(1) of the form book.  Be careful, this subsection contains many optional lease provisions having to do with physical renovations to the premises but there is one in particular that is directly on-point to the requirements of the writing assignment (meaning only minimal editing should be needed)

    • In drafting this provision state that the description of the specific renovations and improvements to be undertaken by the Lessee are contained in an attached "Exhibit A" (which, for purposes of this assignment, the student will not create).

    • State that the improvements shall be constructed in a accordance with the building permits issued by the Miami-Dade County Building Department prior to the Commencement Date of the Lease

    • The Lessor shall give to the Lessee a credit towards the cost of constructing the improvements which credit shall be applied against the rent that would otherwise payable up to a specified dollar amount (the student shall leave a blank space for the amount of the credit)
      • .
    • The credit shall be allowed only if and when Lessee completes the improvements and when Lessee submits to the Lessor proof that the cost of the improvements have been paid in full and that all of the relevant building permits have been closed.

    • The credit shall be applied in 12 equal monthly installments against the rent otherwise due for those same 12 months beginning on the first month following completion of the improvements.

    PART THREE:  Additional rent
    (share of common area charges)
    • In addition to the basic monthly rent the Lessee shall pay as additional rent its proportionate share of taxes, insurance, and property management fees.

    • The best candidate for the relevant raw template can be found in 161(IV)(B)(2) of the form book.  Be careful, this subsection contains many optional lease provisions having to do with the payment of rent but there is one in particular that is directly on-point to the requirements of the writing assignment (meaning only minimal editing will be needed)

    • Lessee's pro rata share shall be equal to the ratio of the total number of leasable square feet in the leased premises (excluding any of the building's common area) to the total number of leasable square feet in the entire building in which the leased premises is located (excluding the common area).

    • For purposes of this assignment the size of the leaseable area of the leased Premise is 7,000 sq ft and the total leasable area of the building is 14,000 sq ft.  Thus the Lessee's portion of the total leaseable areas prorated portion of the total leaseable area in the building is 50%

    • State in your text that the Lessor, prior to the begining of a new year in the Lease Term shall notify the Lessee as to the amount of Additional Rent that will be payable in the upcomming year of the Term

    PART FOUR:  Option to Purchase.
    • The Lease is for the first floor of a building.  The Lessee shall be given the option to purchase the entire building for $600,000.00.

    • The best candidate for a raw template can be found in Section 161(IV)(P) of the form book.  Choose the item labeled "short form".

    • The option to purchase may be exercised at anytime during the first two years of the original Term of the Lease by providing the Lessor written notice at least 60 days prior to the end of that second year.  The Lessee must have have complied with all terms of the Lease up to the date that the purchase price is paid.

    • The Lessor shall convey the premises by warranty deed free and clear of all liens and encumbrances except those that Lessee may have created and except any current leases for a portion of the property.

    • Prior to the closing the Lessor, at its expense, shall provide the Lessee a title insurance commitment from a title insurance company reasonably satisfactory to the Lessee showing that the Lessor is able to convey clear title to the Lessor (after any relevant encumbrances have been paid off at the closing out of the Lessor's sale proceeds).