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Free Shared Facilities Agreement Template for New Zealand

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Key Requirements PROMPT example:

Shared Facilities Agreement

I need a shared facilities agreement for a co-working space that outlines the terms of use, maintenance responsibilities, and cost-sharing arrangements among tenants. The agreement should include provisions for booking procedures, access hours, and a dispute resolution process.

What is a Shared Facilities Agreement?

A Shared Facilities Agreement sets out the rules and responsibilities when multiple parties share common areas or equipment in a property. These agreements are common in NZ commercial buildings, retail centers, and mixed-use developments where tenants share lobbies, elevators, parking lots, or utilities.

The agreement spells out how costs are split, who handles maintenance, insurance requirements, and dispute resolution processes. It works alongside other property documents like leases and body corporate rules to create clear boundaries and expectations. Most importantly, it helps prevent conflicts by establishing fair cost-sharing formulas and clear management responsibilities upfront.

When should you use a Shared Facilities Agreement?

Consider putting a Shared Facilities Agreement in place anytime multiple parties need access to common areas or shared equipment in a property. This applies when setting up multi-tenant commercial buildings, retail complexes, or mixed-use developments where occupants share elevators, reception areas, loading docks, or utility systems.

The agreement becomes essential before tenants move in or when ownership structures change. Getting it signed early prevents disputes over cost allocation, maintenance responsibilities, and access rights. It's particularly important for properties with high-value shared infrastructure or when tenants have different operating hours and usage patterns.

What are the different types of Shared Facilities Agreement?

  • Basic multi-tenant version: Covers essential shared areas like lobbies, lifts, and parking in standard commercial buildings
  • Retail complex variation: Focuses on mall-specific needs like customer facilities, loading bays, and promotional areas
  • Mixed-use adaptation: Addresses unique challenges when residential, commercial, and retail tenants share facilities
  • Industrial park format: Emphasizes shared infrastructure, security systems, and heavy equipment access
  • Strata title version: Aligns with body corporate rules for properties under Unit Titles Act requirements

Who should typically use a Shared Facilities Agreement?

  • Property Owners: Set up and manage the agreement, often taking primary responsibility for facility maintenance and cost allocation
  • Commercial Tenants: Sign and comply with the agreement's terms, contributing to shared costs and following access rules
  • Property Managers: Handle day-to-day administration, maintenance scheduling, and tenant communications
  • Legal Advisors: Draft and review agreements to ensure compliance with NZ property law and protect client interests
  • Body Corporate Managers: Coordinate with owners and tenants when shared facilities overlap with unit title properties

How do you write a Shared Facilities Agreement?

  • Property Details: List all shared areas, equipment, and utilities that need to be covered under the agreement
  • Usage Patterns: Document each party's expected use of shared facilities, including hours and intensity of use
  • Cost Analysis: Calculate maintenance costs and develop fair allocation formulas based on usage or floor area
  • Access Requirements: Map out security needs, operating hours, and access protocols for all shared spaces
  • Insurance Coverage: Determine liability requirements and necessary insurance policies for shared facilities
  • Review Process: Use our platform to generate a customized agreement that includes all these elements correctly

What should be included in a Shared Facilities Agreement?

  • Facility Definition: Clear description of all shared areas, equipment, and infrastructure covered
  • Cost Allocation: Detailed formulas for sharing operational and maintenance expenses
  • Access Rights: Specific terms about usage hours, security protocols, and access restrictions
  • Maintenance Obligations: Responsibilities for upkeep, repairs, and regular servicing
  • Insurance Requirements: Minimum coverage levels and liability provisions for shared spaces
  • Dispute Resolution: Process for handling disagreements under NZ law
  • Term and Termination: Duration, renewal options, and exit conditions

What's the difference between a Shared Facilities Agreement and a Facilities Management Agreement?

While a Shared Facilities Agreement and a Facilities Management Agreement might seem similar, they serve distinct purposes in property management. A Shared Facilities Agreement focuses on how multiple parties share and pay for common areas, while a Facilities Management Agreement outlines how a professional manager will operate and maintain the entire property.

  • Scope of Control: Shared Facilities Agreements cover only common areas and shared services, whereas Facilities Management Agreements encompass the entire property's operation
  • Party Structure: Shared Facilities involve multiple equal parties sharing rights and costs, while Facilities Management creates a service provider relationship
  • Cost Allocation: Shared Facilities focus on dividing expenses among users, while Facilities Management sets fees for management services
  • Decision Making: Shared Facilities require consensus among parties, whereas Facilities Management grants operational authority to the manager

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