NOTARIAL DEED OF LEASE

Transcription

1 NOTARIAL DEED OF LEASE 1. PARTIES LESSOR:Eagles Creek Business Trust Reg no IT 2590/03 VAT NO Lessor's domicilium citandi et executandi 1.2 PHYSICAL ADDRESS: EAGLES CREEK AVIATION ESTATE PLOT 914 KNOPJESLAAGTE 385 TSHWANE 1.3 POSTAL ADDRESS: P O Box 128 Fourways 2055

2 1.4 CONTACT NUMBERS: Mobile: LESSEE.. in his capacity as Member/Trustee and duly authorised hereto) 1.6 Lessee's domicilium citandi et executandi 1.7 PHYSICAL ADDRESS: POSTAL ADDRESS: CONTACT NUMBERS:...

3 In the event of no addresses being inserted the premises will be the Lessee's domicilium citandi et executandi address. 2. PROPERTY/LAND 2.1. Portion 914 of the farm Knopjeslaagte 385 J.R. 3. PREMISES 3.1 Hangar. measuring m² as depicted on site/layout plan annexed hereto marked "A". 3.2 Hangar design as per plan attached marked B 4. USE OF PREMISES 4.1 Hangar The hangars shall be used solely for storage and maintenance of aircraft and for no other purpose whatsoever.

4 5. RENTAL CONSIDERATION PAYABLE BY LESSEE 5.1 For completed premises: rand) payable to the Lessor on date of signature of this agreement subject however that the rental consideration shall be paid before date of occupation. 5.2 For premises to be completed: Rental consideration R.. plus VAT R.. Totalling R. Payable as follows On signature R balance of R. on completion DURATION OF LEASE 99 years commencing on date of registration of the lease at the Deeds Office as provided for herein and any further extended period as may be agreed in writing.

5 7. MANAGING AGENT The Developer will undertake the duty of managing the estate until 50% of the hangars have been let on portion 113 and 914. A residents association will then be created to take over the maintenance of the estate. The Lessees of the rented units will become members of the residents association. 8. LEVIES The levies for maintenance of the runway, roads, water supply, rates and taxes, insurance, security and estate upkeep will be paid by the Lessee and will be based on a charge per m 2 of the floor area of the hangars. The levy is presently R5.30 per square meter per month. 9. OCCUPATION Occupation will be given on receipt of full payment of the lease/rental consideration. 10. REGISTRATION Registration of the lease will commence soon after receipt of the rental consideration and registration costs. 11. REGISTRATION COST The Lessee is liable for the registration cost of this lease at the Deeds Office payable on demand.

6 12. USE Use of the hangar is subject to the management and safety rules applicable from time to time 13. MAINTENANCE OF HANGAR The Lessee is responsible for the maintenance of his hangar. 14. BREACH If the Lessee is in breach of any of the provisions of this agreement the Lessor may take whatever steps he shall be entitled to at law or in terms hereof in particular: (i) If the Lessee is more than 2 months in arrears with levy payments or other payments in terms hereof he may be denied access to the runway/taxi way. 15. SAFETY If the Lessee acts in a manner that places other tenants at risk or breaches any rule or regulation he may be denied access to the runway/taxi way after receiving two written warnings. 16. RE SALE The Lessee may at any time re sell [let] the premises on condition that the levies and other payments due in terms hereof are up to date.

7 17. RENEWAL The lease will be renewed for a further period of 99 years on payment by the new lessee of an amount of 3% of the lease amount. 18. INDEMNITY The Lessee indemnifies the Lessor against any claims arising from the use of the facilities (hangar, runway, taxi way etc.). 19. FUTURE DEVELOPMENTS The Lessee accepts and acknowledges that future developments will take place in phases on the property as per the site plan as well as residential sites that will be subdivided on the balance of the property and adjacent/adjoining properties and undertakes not to oppose any such future development. 20. INSURANCE The Lessor will insure all hangars buildings against damage to the structure and this cost is part of the levy. 21. JURISDICTION The parties agree to the jurisdiction of the Pretoria magistrate s court. 22. WARRENTY The Lessor warrants that the Lessee will have the use of the runway and taxiways on portion 914 of Knopjeslaagte 385 for the duration of the lease period.

8 23. COMPLIANCE WITH LAWS/RULES AND REGULATIONS The Lessee shall during the period of the lease abide by any government and local authority laws, rules and regulations applicable from time to time. THUS done and signed at Pretoria on this the.. day of AS WITNESSES LESSOR THUS done and signed at Pretoria on this the.. day of

9 AS WITNESSES LESSEE BANK DETAILS FNB EAGLES CREEK BUSINESS TRUST FOURWAYS BRANCH code Account no

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