A ground lease is a type of lease agreement where the landlord (also known as the lessor) maintains ownership of the land while the tenant (also known as the lessee) constructs and owns any buildings or improvements on the property. A ground lease listing agreement is a contract between the landlord and a real estate agent to market the ground lease to potential tenants.

Here are some important points to consider when drafting a ground lease listing agreement:

1. The term of the lease: The term of the ground lease should be clearly defined, including any renewal options. This is important information for potential tenants who need to plan for the future.

2. Rent structure: The rent structure should be clearly outlined, and any rent increases should be defined. The listing agreement should also specify whether rent is paid annually or monthly.

3. Tenant responsibilities: The listing agreement should outline the tenant`s responsibilities for maintaining the property, including any improvements or repairs needed during the lease term.

4. Permitted uses: The listing agreement should specify the permitted uses for the property. The landlord may want to limit certain uses to maintain the value of the property.

5. Marketing activities: The listing agreement should outline the marketing activities that the real estate agent will undertake to promote the ground lease to potential tenants. This may include online advertising, networking with industry contacts, and creating marketing materials.

6. Commission structure: The commission structure should be clearly defined, including the percentage of the lease value that the real estate agent will receive as commission. This information is important for the landlord to consider when evaluating the cost-effectiveness of hiring a real estate agent.

7. Confidentiality: The listing agreement should include provisions to protect the confidentiality of the transaction, including any sensitive financial information.

A well-drafted ground lease listing agreement can help attract potential tenants and secure a higher rental rate for the landlord. It is important for all parties involved to carefully review and negotiate the terms of the agreement before signing.