Can this agreement be signed electronically?

Yes. Electronic signatures satisfy enforceability requirements under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Confirm the transaction is not a statutory exception (e.g., wills or certain court filings) and provide required consumer disclosures if applicable.

Do I need notarization or witnesses?

It depends. Most states do not require notarization for leases, but acknowledgements or witness signatures may be required for recordation or related deeds. Specific states vary; consult state notary statutes or county recorders for requirements.

What happens if a condition precedent is not met?

If an identified condition precedent is unmet by its deadline, the parties' obligations may be excused, or the agreement can terminate per its terms. Remedies depend on the contract language; specify remedies and deposit disposition clearly to avoid disputes and potential litigation.

Can any party waive conditions?

Yes, conditions precedent can be waived if the agreement allows and the waiving party clearly provides written waiver. Document the waiver's scope, effective date, and whether it is partial or total to prevent later claims of improper waiver or misunderstanding.

How should condition satisfaction be evidenced?

Require signed delivery receipts, dated third-party reports, formal approvals, or recorded instruments as evidence. State acceptable document types in the agreement and prescribe the method of delivery and verification to reduce disputes over whether a condition was satisfied.

Are remote online notarizations legally valid?

Many states permit Remote Online Notarization (RON) with identity proofing, audio-video recording, and retention requirements. Check state RON laws and notary commission rules; ensure recorded sessions and related authentication meet the state's statutory standards before relying on RON for acknowledgements.

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Agreement to Lease Subject to Certain Conditions Precedent

Agreement to Lease Subject to Certain Conditions Precedent

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Farmers Market Lease Agreement

This Agreement (the Agreement) is made effective as of the (date), between a , a non-profit corporation organized and existing under the laws of the state of , with its principal office located at

referred to herein as Lessor, and of

WHEREAS, the Lessor hereby agrees to lease to Lessee and the Lessee agrees to lease from the Lessor certain space hereinafter described at the located at

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Lessor hereby leases to the Lessee an (e.g., 18’ by 18’) space (e.g., equal to two parking stalls) , hereinafter called the Space, for a period beginning through for the sum of $ per day. Said rent shall be due on the day of each and shall be payable at

2. Lessee has the option of purchasing the Season Rate for the following:

A. One space shall be $;

B. Two spaces shall be $;

C. Three spaces shall be $;

D. All Seasonal lessees will have assigned stalls for the entire Season.

3. The market days and hours shall be every Sunday during the Season, including holidays, from to , excluding .

4. Lessee agrees to abide by and comply with the hours of operation as prescribed above.

5. Lessee shall not have the right to sublet the Space to anyone or permit anyone to offer for sale in the Space any items not produced or manufactured by the Lessee.

6. Lessee shall offer for sale at the Farmers Market only vegetables, fruit and such other produce or food stuffs, or other items as are actually produced or manufactured locally. Lessee agrees and acknowledges that at least % of all products displayed and sold at the Hiawatha Farmers Market are, or shall be produced by the Lessee.

7. Lessee agrees and acknowledges that the Lessee shall possess all necessary permits or certificates to sell honey, poultry, eggs, wine, meat, seafood or any other products that requires any permits or certificates. Lessee agrees to comply with all local, state and federal laws, ordinances and regulations, including, but not limited to, those regulating vending and labeling of merchandise.

8. Lessee agrees to only sell from the Spaces designated for selling. The Lessee further acknowledges that the Lessee shall at all times keep the Space, including the surrounding area, counter and shelves clean, swept and free of debris. Lessee further acknowledges that at the conclusion of each business day, or at any such other time as the Lessee may depart from the Space, Lessee shall thoroughly clean and sweep the leased Space, and remove all equipment, produce, products and debris.

9. Lessee agrees that the continued use and occupancy of the Space is subject to the Lessee complying with all rules and regulations promulgated from time to time by the Lessor.

10. If the Lessee fails to comply with any of the terms or conditions of this Lease or fails to abide with any law, rule or regulation of the Lessor, the State or Federal Government, the Lessor shall have the right to immediately terminate this Lease. If the Lessor elects to terminate this Lease, Lessee’s rights under this Lease shall be forfeited and the Lessee shall immediately vacate the Space.

11. Lessor shall have no responsibility to the Lessee, Lessee’s employees, agents or helpers for any loss, damage, injury or loss of use that the Lessee, the Lessee’s employees, agents or helpers may incur because of acts of God.

12. Lessee agrees to hold harmless the Lessor from any and all claims or causes of action for liability, including attorneys’ fees and costs, in any way arising out of or directly or indirectly connected with the use of the leased Space by the Lessee or the Lessee’s activities or the sale or distribution of any products. Lessee agrees this hold harmless agreement shall include all of Lessee’s employees, agents or helpers or any other persons using the Space or acting for or on behalf of the Lessee with or without the Lessee’s permission or approval.

13. Lessee agrees and acknowledges that the Lessee or the Lessee’s employees or agents who enter the Farmers Market area shall not be under the influence of alcohol or drugs. If the Lessee or the Lessee’s employees, agents or helpers violate this provision of the Lease, the Lessor, at its sole discretion, may require the Lessee to forfeit the leased Space for the day or year. In addition, the Lessor may cancel this Lease for fighting or otherwise disturbing the peace caused by Lessee, Lessees employees, agents or helpers on the premises.

14. Not withstanding the above, the Lessor may cancel this Lease upon dispatch, posting, or presentation of days notice to the Lessee.

WITNESS our signatures as of the day and date first above stated.

Lessor

By:

(Signature of Lessee)

(Signature of Officer)

What the Agreement to Lease Subject to Certain Conditions Precedent Is

The Agreement to Lease Subject to Certain Conditions Precedent is a conditional lease commitment that records the parties' intent to enter a formal lease once specified conditions are met. It sets the obligations, timeframes, and prerequisites—such as approvals, financing, inspections, or zoning clearances—that must be satisfied before the lease becomes effective. The document allocates risk, identifies the parties and premises, and describes what happens if conditions are not fulfilled. It is commonly used in commercial real estate and complex residential transactions to protect both landlord and tenant during the pre-lease phase.

Why Use a Conditional Agreement to Lease

This agreement clarifies each party's obligations during the pre-lease period, protects deposit and contingency rights, and reduces dispute risk by specifying conditions precedent and deadlines. It streamlines negotiations by documenting remedies, extension options, and responsibilities while preserving the ability to walk away if critical conditions fail.

Who Typically Prepares and Signs This Agreement

Typical users include landlords, tenants, brokers, and legal counsel preparing pre-lease conditional agreements in commercial and complex residential matters.

Landlords managing multiple properties or conditional offers during due diligence.
Tenants securing occupancy while completing financing, inspections, or approval contingencies.
Brokers and attorneys coordinating timelines, notices, and condition fulfillment reporting.

Use this form when parties need a binding framework that preserves rights while conditions are resolved or waived.

Core Elements to Include for a Professional Agreement

A professional Agreement to Lease Subject to Certain Conditions Precedent clearly defines parties, conditions, timelines, remedies, notice procedures, and allocation of costs for pre-lease activities.

Parties

Identifies landlord and tenant with full legal names, addresses, and authorized representatives; includes contact details for notices and specifies who may waive or accept conditions on behalf of each party.

Premises

Describes the leased space precisely, including unit identifiers, square footage, permitted uses, and any excluded areas or equipment; attach floor plans or exhibits when available to reduce ambiguity.

Conditions

Sets each condition precedent with objective satisfaction tests, required approvals, contingency thresholds, and dates for completion or automatic termination if unmet to reduce disputes and litigation risk.

Deadlines

Specifies notice periods, cure windows, inspection schedules, and milestone dates; tie these to specific delivery methods to ensure effective communication and enforceability, including email, certified mail, and courier where required.

Remedies

Outlines landlord and tenant remedies for breached conditions, deposit handling, termination rights, and any liquidated damages or specific performance remedies agreed in advance to limit litigation costs.

Costs & Credits

Allocates responsibility for inspection costs, third-party reports, utility adjustments, prorations, and any credits applied to initial rent or security deposit and specify payment timing and late fees.

Step-by-Step: Completing the Agreement

Follow these steps to complete the Agreement to Lease Subject to Certain Conditions Precedent accurately and consistently.

01

Identify Parties: Enter full legal names and contact details for each party.
02

Describe Premises: Specify address, unit, and included fixtures or exclusions.
03

List Conditions: Enumerate all conditions precedent with clear satisfaction criteria and dates.
04

Remedies & Deadlines: State remedies, extension terms, notice methods, and cure periods.

How Electronic Completion and Exchange Works

The signing workflow replaces in-person exchanges by enabling remote review, signature, and audit-trail capture for each condition and notice delivery.

Upload Document: Sender uploads final draft and attachments.
Place Fields: Add signature, initial, date, and conditional fields.
Add Signers: Enter signer emails and set role order if needed.
Capture Audit Trail: System logs IP, timestamps, and actions for each signer.

Recommended Workflow Settings for Conditional Leases

Recommended workflow settings help ensure conditions, notices, and signature attribution are recorded consistently across parties and platforms.

Field	Configuration
Signing Order	Sequential or parallel signer order; choose sequential for role-based execution.
Authentication	Email link plus SMS code recommended; use KBA for high assurance.
Conditional Fields	Show or require fields only after specific condition triggers are met.
Document Retention	Store signed documents and audit logs for required retention period.

Platform Capabilities to Support This Agreement

Use an eSignature platform that supports conditional fields, audit trails, and secure signer authentication options.

Document Formats: PDF and Word DOCX supported.
Integrations: Connectors for Salesforce, NetSuite, and Google Workspace.
Access Controls: SSO, role-based permissions, and audit logging.

Security and Compliance Considerations

Encryption Standards: TLS 1.2/1.3 in transit; AES-256 at rest.

Audit Trail: Comprehensive timestamps, IPs, and action log.

Signer Authentication: Email, SMS code, or advanced options.

HIPAA Compliance: BAA available for protected health information.

ESIGN and UETA: Electronic signatures legally enforceable under federal and state law.

Security Certifications: SOC 2 Type II, ISO 27001, PCI DSS listed.

Common Pitfalls to Avoid

Failing to specify measurable satisfaction criteria for conditions precedent creates room for differing interpretations and increases the prospect of disputes and costly delay.
Using vague deadline language or ambiguous notice methods undermines enforceability and can nullify intended cure periods or automatic terminations.
Omitting explicit allocation of costs for inspections, surveys, or third-party reports leaves parties exposed to unexpected expenses and contract disputes.
Failing to tie condition satisfaction to a responsible party and documented evidence increases the risk that fulfillment will be contested later.

Penalties and Legal Risks of an Incorrect Agreement

Missed Deadlines: May forfeit contingencies or deposits.

Incorrect Names: Can void enforceability or trigger re-execution.

Unclear Conditions: Leads to litigation over satisfaction standards.

Failed Notice: Improper delivery may extend cure periods.

No Notarization: May affect record acceptance for filings.

Tax Exposure: Misstated consideration can trigger tax reporting issues.

Frequently Asked Questions

Common questions on completing, signing, and enforcing a conditional lease agreement, with concise answers and references to statutory requirements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures satisfy enforceability requirements under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Confirm the transaction is not a statutory exception (e.g., wills or certain court filings) and provide required consumer disclosures if applicable.
Do I need notarization or witnesses?
It depends. Most states do not require notarization for leases, but acknowledgements or witness signatures may be required for recordation or related deeds. Specific states vary; consult state notary statutes or county recorders for requirements.
What happens if a condition precedent is not met?
If an identified condition precedent is unmet by its deadline, the parties' obligations may be excused, or the agreement can terminate per its terms. Remedies depend on the contract language; specify remedies and deposit disposition clearly to avoid disputes and potential litigation.
Can any party waive conditions?
Yes, conditions precedent can be waived if the agreement allows and the waiving party clearly provides written waiver. Document the waiver's scope, effective date, and whether it is partial or total to prevent later claims of improper waiver or misunderstanding.
How should condition satisfaction be evidenced?
Require signed delivery receipts, dated third-party reports, formal approvals, or recorded instruments as evidence. State acceptable document types in the agreement and prescribe the method of delivery and verification to reduce disputes over whether a condition was satisfied.
Are remote online notarizations legally valid?
Many states permit Remote Online Notarization (RON) with identity proofing, audio-video recording, and retention requirements. Check state RON laws and notary commission rules; ensure recorded sessions and related authentication meet the state's statutory standards before relying on RON for acknowledgements.

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