Lease of Real Estate ENTIRE PREMISES OF [INSERT ADDRESS]

Transcription

1 Lease of Real Estate ENTIRE PREMISES OF [INSERT ADDRESS]

2 Item 1 Landlord: SCHEDULE [Landlord/Company Name (ACN XXX XXX XXX] as trustee for [Name of T rust] of [Address, Suburb, State, Postcode] Item 2 Tenant: [Tenant/Company Name (ACN XXX XXX XXX] As trustee for [Name of T rust] of [Address, Suburb, State, Postcode] Item 3 Guarantor: Not applicable Item 4 Premises: The [Portion of the Premises]of [Address, Suburb/Town, State, Postcode] Land: Certificate of T itle Volume [Volume #] Folio [Folio #]. Item 5 Item 6 Landlord's Installations: Rent: Nil $XXX per annum plus GST Item 7 Tenant's Installations: Item 8 Item 9 [2.1.1] Item 10 [1.1, 2.1.2, & 5.4] Term of Lease: ] How rent is to be paid: Building outgoings which the Tenant must pay or reimburse:. The Tenant's proportion of Building Outgoings:

3 Item 11 [1.1 & 6.2] Item 12 [1.1 & 2.3.1] Risks which the insurance policies must cover: Amount of public risk insurance cover: Fire Flood Lightning Storm and T empest Explosion Riots and Civil Commotion Strikes Malicious Damage Earthquake Impact by Vehicles Impact by Aircraft and articles dropped from them Internal Flood Water and such other risks as the Landlord reasonably specifies from time to time. Item 13 Item 14 [2.1.7] Item 15 [2.2.1] Period of loss of rent and outgoings insurance: Interest rate on overdue money: Permitted Use: [1.13] Item 16 [2.1.1, 11, 18] Application of Act: Market Review date(s: CPI review date(s:. Fixed review date(s and percentage increases or fixed amount:

4 Item 17 [2.1.1, 11, 18] Who may initiate Reviews: Market review: CPI review: Fixed review: Item 18 [12] Further Term:. Item 19 [12] Item 20 [13] Item 21 [16.1] Item 22 [20] Latest date for Exercising Option for Renewal: Security Deposit: The mediation procedure: Additional Provisions:

5 ADDITIONAL PROVISIONS (Pursuant to Clause 20 of the Lease 1. Tenant s Acknowledgement - New Retail Lease If this is a retail premises lease to which the Retail Leases Act 2003 (the Act applies, then: 1.1. T he T enant acknowledges and warrants that when the T enant first entered into negotiations with the Landlord about this Lease, the T enant received from the Landlord in compliance with the requirements of Section 15 of the Act: a copy of the proposed lease in writing; and a copy of the Information Brochure referred to in Section 15 of the Act (if any about retail leases published by the Small Business Commissioner; 1.2. T he T enant acknowledges and warrants that at least seven (7 days before the T enant entered into this Lease, the T enant received from the Landlord in compliance with the requirements of Section 17(1 of the Act; a Disclosure Statement in the form prescribed by the Regulations to the Act; and a copy of the proposed lease in writing; and a copy of the Information Brochure referred to in Section 15 of the Act (if any about retail leases published by the Small Business Commissioner. 2. Outgoings Payable Monthly 2.1 On each day that rent is due, the T enant must pay 1/12 of the Landlord s reasonable estimate of all outgoings for the Premises (as outlined in the Schedule for the current year. 2.2 T he Landlord will: notify the T enant of its estimate of the next year s outgoings: at the beginning of the Lease; not later than two months before the end of the first year and of each successive year of the Lease; and not later than three months after the end of each year of the Lease, give to the T enant a statement giving reasonable details of the outgoings for that year. It is not essential to comply with the time limits for notification or giving the statement. 2.3 If the Landlord transfers the property of which the Premises forms part, or the T enant transfers the Lease, the amount necessary to make any adjustment under Additional Provision 2.1 will be paid by or to the person who is Landlord or T enant at the time that payment is due. 2.4 T he T enant must pay punctually for all water, gas, electricity, telephone, heat and other utilities that are connected to the Premises. 2.5 With respect to any outgoings which are statutorily assessed (including, but not limited to, Frankston City Counsel rates and South East Water rates, the T enant acknowledges that the Landlord has no control over any increase in the amounts of these outgoings and agrees to pay 100% of all outgoings, regardless of any statutorily assessed increases that may occur.

6 3. Owners Corporation 3.1 If the Premises are, or become, part of a Building to which the Owners Corporation Act 2006 applies then in addition to its obligations pursuant to this Lease, the T enant must at all times comply with any rules from time to time promulgated or enacted by the Owners Corporation, as if they form part of the Lease. 3.2 A breach of this Additional Provision is a breach of an essential term of the Lease. 4. Further Term Clause of the Lease is amended so as to read: The Tenant has requested the renewal in writing not more than twelve (12 months nor less than six (6 months before the end of the term. The latest date for exercising the option is stated in Item Signage 5.1 Provided that the T enant complies with the Landlord s signage guidelines for the Building of which the Premises form part, the T enant at its expense and subject to any law or regulation affecting signage at the Premises may supply and install signage on the shop front of the Premises in a location to be approved by the Landlord. 5.2 If the Landlord permits signage in accordance with Additional Provision 5.1, the T enant is responsible at its expense to maintain and clean the signage and at the expiration or earl ier determination of the Lease to remove the signage and make good any damage. 6. Signage 6.1 T he T enant shall not during the term or any further term or any period of over holding of the Premises lodge or cause or allow any person claiming through it or acting on its behalf to lodge any Caveat over or with respect to the title to the Premises. 6.2 T he T enant further acknowledges that lodging a caveat in breach of this Additional Provision is a breach of an essential term of the Lease. 6.3 If a caveat is lodged by the T enant in breach of this Additional Provision then the T enant shall be liable for and shall upon demand by the Landlord pay to the Landlord any costs or expenses incurred by the Landlord (on a solicitor and own client basis in procuring the removal of the caveat. 7. Tenant as Trustee 7.1 T he T enant acknowledges that if it is entering into the Lease as the trustee of a trust ( the T rust" that it hereby covenants with the Landlord that: T he T enant enters into this Lease both in its personal capacity and in its capacity as T rustee of the T rust and warrants that it has full and unfettered power to enter into the Lease and that the Lease is entered into a part of the proper administration of the T rustee and is or will be for the benefit of the beneficiaries of the T rust; T he T enant is the only trustee of the T rust and warrants to the Landlord that a true copy of the T rust Deed and any amendments ( the T rust Deed" has been provided to the Landlord, if so required by the Landlord, together with evidence that it has been duly denoted with stamp duty

7 and the T enant warrants that there have been no other alterations to the T rust Deed (and being a corporation, to its Constitution other than as disclosed in writing to the Landlord T he T enant shall not without the prior written consent of the Landlord: agree or allow the T enant to retire or cease for any reason to be the sole trustee of the T rust or permit or allow any other person to be appointed as a new trustee; permit the T rust Deed to be altered amended or varied or revoked in a manner which will prejudice its ability to perform the covenants under this Lease (except as may be necessary to comply with any statute; permit the vesting date or termination of the T rust to be determined or accelerated in any way. 8. Removal of Tenant s Property 8.1 In this Additional Provision, unless inconsistent with the context or subject-matter, goods includes personal property of every kind and T enant means a T enant who has quit the premises. 8.2 Where the Landlord recovers possession of the Premises because of the end or other determination of the Lease and goods remain on the Premises which the T enant fails or refuses to remove, the Landlord may at the Landlord s expense remove and store the goods. 8.3 Where the T enant or any person who has resided in or occupied the Premises with the permission of the T enant claims any of the goods after they have been removed by the Landlord pursuant to Additional Provision 8.2 that T enant or person shall not be entitled to restoration of the goods until he has reimbursed the Landlord for the cost of removal and storage of and any other costs which the Landlord has incurred in respect of the goods claimed by him. 8.4 Where no claim of ownership has been established to the reasonable satisfaction of the Landlord or where the landlord has not been reimbursed pursuant to Additional Provision 7.3 the Landlord may, after the expiration of three months from the date of recovery of possession of the Premises, sell the goods left behind on the premises (whether or not the goods were removed or stored by the Landlord provided that the following provisions are complied with: not less than one month before the sale of the goods the Landlord: serves notice (which may be sent by post or delivered on every person whom he knows has an interest in the goods of his intention to sell the goods; and inserts in a newspaper published in Melbourne and circulating throughout Victoria and in the district in which the premises are situated a notice of his intention to sell the goods; and the sale is by public auction A notice served or inserted pursuant to the last preceding sub-section shall contain: a sufficient description of the goods to which the notice relates; the name of the tenant (if known and the address of the Premises in which the goods had been left; and the proposed date time and place of the sale T he Landlord may deduct from the proceeds of the sale: the cost of removal, storage and preservation of the goods; and

8 the costs in connection with the sale and any sum paid by him for the insurance of the goods prior to the sale and any moneys remaining which have not been paid by the landlord to the tenant or to the owner of the goods (as the case may be within three months after the sale shall within fourteen days after the expiration of that period be paid by the landlord together with any interest thereon to the Registrar of Unclaimed Moneys to be placed to the credit of the Consolidated Fund T he buyer of any goods sold by the Landlord in the exercise or purported exercise of his powers under this Additional Provision shall acquire a good title to the goods provided he buys them in good faith and without notice: of any defect or want of title in the T enant; and of any failure by the Landlord to comply with any of the provisions of this Part Until the T enant's property is removed from the Premises, the T enant shall be deemed to be in continuing possession of the Premises and liable to the Landlord for profits at the same rate as the rent payable by the T enant before the Lease ended. 9. Landlord s Works 9.1. T his Lease is conditional upon the Landlord carrying out the following works prior to the commencement of the Lease:- a Service / re-commission of the air conditioning to the Premises; b Electrical works in order that a Certificate of Compliance is obtained for the Premises and a copy given to the T enant; c Works to ensure that the hand rails to the stairs within the Premises comply with the Building Code of Australia (BCA; d Remove the boards from the first floor eastern facing windows and works to ensure that the windows comply with the BCA; e Paint the internal walls of the Premises; f Replace the small sections of carpet on the ground floor of the Premises within the tiled areas; g Carpet the entire upstairs floor of the Premises; and h Plasterboard the ceiling on the upstairs floor of the Prem ises. 10. Cessation or Significant Reduction of Tenant s Government Funding T he Landlord and the T enant agree that, in the event that the T enant s government funding is significantly reduced or ceases then the T enant may, with thirty days written notice to the Landlord, terminate this Lease without penalty, provided that satisfactory documentary evidence of such reduction or cessation of funding is provided with this notice.

9 EXECUTED AS A DEED ON THIS [Date] DAY OF [Month] 20[Year] EXECUTED by the LANDLORD, [Name of Landlord (ACN XXX XXX XXX] in accordance with Section 127 of the Corporations Act 2001 (Cth by being signed by the authorised persons: EXECUTED by the TENANT, [Name of Tenant (ACN XXX XXX XXX], in accordance with Section 127 of the Corporations Act 2001 (Cth by being signed by the authorised persons: [Name] [Address, Suburb/T own, State, Postcode] Sole Director and Secretary. [Name] [Address, Suburb/T own, State, Postcode] Director / Secretary.. Director

10 EXECUTED by the GUARANTOR, [Insert Name and relevant details], in accordance with Section 127 of the Corporations Act 2001 (Cth by being signed by the authorised persons:. [Name and relevant details] Director / Secretary.. Director