Legal advice to assist with office space lease

1. Legal services for preparation of the procurement file to procure office space in coordination with the EBA’s property advisor, including: • Drafting and reviewing the procurement documentation. Assistance in preparing the procurement file, with a particular focus on ensuring that the conditions requested from selected landlords are fully compliant with French law requirements, in coordination with the property advisor and EBA procurement team. • Review of proposals. Legal analysis and support in reviewing proposals received from selected landlords, specifically to assess and confirm their compliance with French laws, in close coordination with the property advisor and EBA procurement team. • Preparation of a first draft lease agreement to be used in the negotiated procedure to procure the premises. 2. Legal Services for conclusion of the lease contract Following the award of the contract to a landlord, we require legal services for the negotiation and finalization of the lease agreement: • Review of and advice on the overall legal order. • Assisting in the lease negotiations. • Review the lease contract and its annexes. • Provide legal opinion and advice on rights and obligations of the parties. • Title and capacity checks on the landlord; verification of lessor’s rights to lease, consents and financing covenants that may affect delivery or quiet enjoyment. • Zoning, urban planning and use compliance review for office use, including change-of-use considerations, ERP classification if applicable for certain amenities, signage and security obligations, and capacity/occupancy issues. • Energy performance and sustainability provisions (Décret Tertiaire, audit/monitoring and reporting, metering, certification targets and remedies), and potential alignment with EBA sustainability objectives. • Data protection, confidentiality and access/security provisions for an EU agency tenant. • Provide legal advice on all aspects of the lease throughout the project. • Provide recommendations for improvement and propose mark-ups and review and advise on amendments proposed by the landlord. • Provide all necessary legal assistance during lease negotiations. • Represent the EBA before relevant French authorities where necessary. • Representation before relevant French administrative bodies if needed for specific filings; final legal validation and execution support; post-signing report. • Any required notices or interactions with public bodies connected to occupancy/use. • Represent the EBA before the landlord and any other relevant parties. • Ensure the EBA’s interests, rights and obligations in relation to the lease agreement are met. • Finalise and ensure legal validation of the lease agreement. • Draft report and explanations. • Preparation of closing set (execution-ready lease, side letters, notices, corporate/banking deliverables if any), if applicable. 3. Analysis of the VAT regime applicable to the rent and fit-out contributions.