PRODUCTION OF A STANDARD LEASE CONTRACT

Initial position

The client was an owner and operator of several non-profit educational institutions.
In order to be able to sell the real estate in the medium to long term, the commercial models needed to be adapted to the market and a clear separation between the operating companies and ownership companies needed to be created.

Goal

The contract relationships between the operating and ownership companies were to be regulated through industry-standard practices in the respective leases. The lasting lease ability of the individual operators was to be evaluated and declarations regarding the respective leases were to be made.

Action

As a first step and to determine the lasting lease ability of the individual operators, HOTOUR – in cooperation with the accountancy of the client – assigned the current revenues and costs in an accounting structure standard to the hotel industry and afterward, compared them to the customary benchmarks.

In the connection with this, HOTOUR composed the operational structure of a standard lease that listed all essential and necessary contract components, their functions were explained and customary regulations were stated. In addition, recommendations were compiled with regard to the economic structuring, renewal and maintenance obligations and the accrual/deferral lists for the FF&E as well as the building as a whole.

Result

The operational fundamentals developed by HOTOUR were subsequently legally transcribed by a solicitor. Today, the client is currently applying the standard lease to further processes in agreement with the contracting entity as well as with their legal counsel.