North Carolina Memorandum of Lease Agreement (For Telecommunications Facility)
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FAQ
Make Good Costs means the reasonable costs required to repair the Facility and return it into a useable area based on a ?like for like? replacement of any damaged materials.
For example, the original tenant might have put holes in the wall to make a new passageway or undertaken other major work on the property. At the end of the lease, the new tenant must fix those issues and return the property to the condition that it was in at the start of the lease.
A memorandum of lease is a recordable instrument that is used to alert third parties?such as lenders, other tenants of the property, and prospective buyers?that there is a leasehold interest encumbering a piece of real property.
A commercial make good provision is a clause in a lease that requires a tenant to return a property to its original condition before handing back the keys. Make good clauses require tenants to remove their property from the space and leave the area clean and tidy.
What is the 'make good' clause? 'Make good' refers to the clause/s in a lease that set out how a tenant should leave a property at the end of the lease term. Basically, when the day comes to hand back the keys to the landlord, the property should be in the condition that is stipulated in the lease.
Examples of 'make good' provisions include: If a tenant rents the premises as a shell, their 'make good' obligation could involve stripping all fixtures and fittings, removing staircases, and returning the premises to the landlord as a shell (sometimes also referred to as decommissioning obligations)
Do I Need to Record a Memorandum of Lease? As I noted above, the principal reason to record a memorandum of lease is to get your lease in the chain of title. This is important because, under North Carolina law, buyers of property aren't bound by leases of longer than three years unless those leases have been recorded.
The memorandum of lease outlines the specific terms of a lease agreement, including: The names and addresses of the parties. A description of the leased premises. The lease term, including the commencement date and the expiration date. A description of any options, such as an extension option or a purchase option.
