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Available Area Agreement

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AVAILABLE AREA AGREEMENT

This Available Area Agreement ("Agreement") is entered into as of Effective Date: by and between Client Name: and Provider Name: .

WHEREAS

WHEREAS, Provider controls or manages an area of real property, facility, or designated space identified herein and is willing to make said area available to Client on the terms and conditions set forth in this Agreement; and

WHEREAS, Client desires to obtain temporary use of the Available Area for the Permitted Use described below and agrees to compensate Provider and to comply with restrictions, access rules, and insurance requirements under this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the parties agree as follows:

SCOPE OF WORK / AVAILABLE AREA

PAYMENT TERMS

Client shall pay Provider the consideration specified below in full and in accordance with the payment schedule. All payments are non-refundable except as expressly provided in this Agreement.

TERM AND TERMINATION

Term Commencement Date: and Term Expiration Date: unless earlier terminated in accordance with this Agreement.

Check to permit automatic renewal for successive terms upon mutual written agreement of renewal terms. Renewal terms must be agreed and documented in writing prior to the then-current term expiration.

CONFIDENTIALITY

Each party acknowledges that during performance of this Agreement it may receive or have access to Confidential Information of the other party. "Confidential Information" shall include non-public business information, trade secrets, customer data, pricing, and other information that is reasonably understood to be confidential. Each party shall: (a) hold such Confidential Information in strict confidence; (b) not disclose it to any third party except as required by law or as authorized in writing; and (c) use it only for the purposes of performing obligations under this Agreement. Confidential obligations survive termination for a period of three (3) years, or such longer period as required for trade secrets.

INSURANCE, INDEMNIFICATION, AND LIABILITY

Provider requires Client to maintain commercial general liability insurance and other coverage as specified below. Client agrees to indemnify, defend and hold harmless Provider, its officers, agents and employees from and against any and all claims, damages, liabilities, costs and expenses arising out of Client's use of the Available Area, except to the extent caused by Provider's gross negligence or willful misconduct.

ACCESS, MAINTENANCE, AND REPAIRS

Client shall keep the Available Area in a clean, safe and orderly condition and shall be responsible for ordinary maintenance and repair resulting from Client's use. Provider shall remain responsible for structural repairs unless damage results from Client's negligence or misuse, in which case Client shall be responsible for repair costs.

COMPLIANCE WITH LAWS

Each party shall comply with applicable federal, state, and local laws, ordinances, regulations and codes in connection with its performance under this Agreement, including permits and licenses necessary for the Permitted Use.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement, including all attachments and schedules expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

MISCELLANEOUS

Notices required or permitted under this Agreement shall be in writing and delivered to the addresses of the parties set forth below or such other address as either party may designate by written notice. If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect.

Client Name:

By:

Date:

Provider Name:

By:

Date:

Enter text✕

What an Available Area Agreement Is and when it applies

An Available Area Agreement documents the portion of a property that the owner makes available for lease, sublease, or sale and records the measurement method, usable square footage, and any exclusions or shared-space allocations. It defines rights and obligations tied to the identified area, clarifies rent or allocation calculations, and reduces later disputes about the scope of premises. Typical uses include new lease offers, space listings, lease amendments that alter rentable area, and pre-lease marketing packages where precise area measurements and access terms must be recorded in writing.

Why an Available Area Agreement matters

A clear Available Area Agreement sets expectations about the physical space, measurement standard, and delivery condition, which reduces leasing disputes, speeds negotiations, and preserves records required for accounting and tax purposes.

Why an Available Area Agreement matters

Who typically prepares and relies on this agreement

Several parties encounter Available Area Agreements during leasing, sales, and property management workflows.

  • Property owners and managers who must state available floor area for marketing and lease offers.
  • Commercial brokers and leasing agents who present measured space to prospective tenants and prepare offers.
  • Tenants, tenant representatives, and legal counsel who verify usable area, exclusions, and occupancy dates.

Each party uses the agreement for a different purpose—marketing accuracy for owners, comparability for brokers, and contractual certainty for tenants.

Common signer roles

Property Manager

A property manager completes the agreement to define rentable or usable area, coordinate measurement standards, and document delivery condition; this supports marketing, billing, and facilities planning while reducing tenant disputes.

Tenant Representative

A tenant representative reviews and signs to confirm measured area, clarify exclusions, and preserve negotiation points for rent, build-out responsibilities, and occupancy timing before lease execution.

Essential fields to include

Effective Date: MM/DD/YYYY
Premises Address: Street, city, state, ZIP
Available Area: Square feet (numeric)
Measurement Standard: BOMA or other method
Term / Availability: Start and end dates
Signatures: Authorized signers

Step-by-step: completing an Available Area Agreement

Follow these steps to ensure the agreement records an accurate area and binding terms.

  • 01
    Prepare property details: Enter full address, suite numbers, and building name.
  • 02
    Record area: Specify square footage and rounding convention.
  • 03
    Specify method: Declare BOMA, IPMS, or custom standard.
  • 04
    Sign and date: Authorized parties sign and date to create effect.

Digital file and signing requirements

Prepare the agreement in a commonly supported file type and choose appropriate authentication for signers.

  • File formats: PDF or DOCX preferred
  • Signer authentication: Email, SMS, or stronger
  • Audit trail: Time stamp and IP

Ensure the platform used can produce a tamper-evident signed PDF, retain an audit trail, and offer the authentication level required by your organization or industry; check integrations with your document systems for storage and retrieval.

Suggested digital workflow and field setup

Configure fields and routing so each party reviews and signs in the correct order and receives a final executed copy.

Field Configuration
Document Type Agreement (PDF) with fillable fields
Routing Order Owner → Broker → Tenant
Authentication Email link or SMS code
Retention Setting Export signed PDF to records system

How an Available Area Agreement differs from a lease addendum

Compare common criteria to decide whether you need a standalone Available Area Agreement or a lease amendment.

Criteria Available Area Agreement Lease Addendum
Primary Purpose define available space modify lease terms
Typical Use marketing and pre-lease post-execution amendment
Notarization rarely required rarely required
Signed By owner and listing agent landlord and tenant

Common eSignature vendor comparison for executing this agreement

These vendor characteristics illustrate typical pricing and capability differences for eSignature platforms used to execute Available Area Agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Typical timing and response expectations

Key dates and deadlines vary by transaction; specify timelines in the agreement and follow up with reminders to signers.

Effective Date Specified:

Date when the area availability and obligations begin.

Offer Expiration:

Owner may set an acceptance deadline, commonly 7–30 days.

Occupancy / Delivery:

Specify delivery condition and expected occupancy date.

Measurement Recheck Window:

Allow a 5–15 day period to verify square footage.

Amendment Response:

Set a response deadline for proposed corrections or objections.

Consequences of errors or omissions

Misstated Area: Lease disputes
Wrong Measurement: Rent recalculation risk
Missing Signature: Enforceability issues
Unauthorized Signer: Voidable by counterparty
Conflicting Terms: Contract ambiguity
Late Corrections: Operational delays

Common preparation mistakes to avoid

  • Confusing rentable, usable, and gross measurements leads to inconsistent rent calculations and tenant disputes later in the lease term.
  • Failing to state the measurement standard (for example BOMA) creates ambiguity and can require re-measurement at the tenant's expense.
  • Rounding or transcription errors in square footage are common; include precision rules and confirm figures with an independent survey when material.
  • Neglecting to attach floor plans or include excluded areas (mechanical rooms, core) removes important context and increases the likelihood of disagreement.

How organizations use Available Area Agreements in practice

These examples show typical scenarios where the agreement clarifies space availability and responsibilities.

Office Lease Example

A landlord lists available space for a Class A office building, including suite number and square footage.

  • Broker confirms BOMA standard measurement.
  • The resulting agreement provided a clear baseline for lease negotiations, avoided a later rent dispute, and allowed the tenant to budget for TI costs with confidence.

Retail Space Example

A mall owner records available area for a storefront and specifies loading access and common-area allocation.

  • Tenant verifies usable square feet.
  • Including these details in a standalone Available Area Agreement accelerated approvals, aligned expectations about shared-area charges, and simplified the subsequent lease amendment process.

Frequently asked questions about Available Area Agreements

Answers to common issues about enforceability, measurement disputes, signatures, and amendments.


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