Commercial Lease Agreement (Letting Only) - AUNSWRECM036

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22 Oct 2018 v1.9

Additions / Changes:

 

Clause 10.3

On the giving of 2 days notice to the Tenant, the Landlord may at reasonable times enter the Premises for the purposes of:

(1)

inspecting the Premises; or

(2)

viewing the state of repair of the Premises; or

(3)

performing any building and other repair work in accordance with Clause 10.2(2) and 10.2(3) or those works that the Tenant has failed to complete in accordance with Clause 8.1(4); or

(4)

carrying out requirements of state, local or other competent authorities; or

(5)

in the case of a proposed sale or reletting of the Premises:


(a)

showing the Premises to prospective purchasers or tenants; and/or


(b)

erecting sale or lease signage at the Premises.

 

02 Aug 2018 v1.8

Additions / Changes:

 

Item 2

Name:     ………………………………………………………………………………………………………………

Address:  …………………………………………………………………………… ACN: .………………………..

              …………………………………………………………………………… ABN: .………………………..

Phone:    (…)………………………… Fax: (…)…………………………  Mobile: ………………………………

Email:     ………………………………………………………………………………… GST Registered: Yes/No

 

Item 3

Name:     ………………………………………………………………………………………………………………

Address:  …………………………………………………………………………… ACN: .………………………..

              …………………………………………………………………………… ABN: .………………………..

Phone:    (…)………………………… Fax: (…)…………………………  Mobile: ………………………………

Email:     ………………………………………………… Licence No.: ……………… GST Registered: Yes/No

 

Item 5

Name/s:   ………………………………………………………………………………… DOB: …… / …… / ……

Address:  ………………………………………………………………………………………………………………

ABN:        .……………… Phone: (…)……………… Fax: (…)……………… Mobile: …………………………

Email:      ………………………………………………………………………………… GST Registered: Yes/No

 

Item 6

(1)

Name:     ………………………………………………………………………………………………………

Address:  …………………………………………………………………… ACN: .………………………..

              …………………………………………………………………… ABN: .………………………..

Phone:    (…)……………………… Fax: (…)……………………… Mobile: …………………………….

Email:     ………………………………………………………………………………………………………

(2)

Name:     ………………………………………………………………………………………………………

Address:  …………………………………………………………………… ACN: .………………………..

              …………………………………………………………………… ABN: .………………………..

Phone:    (…)……………………… Fax: (…)……………………… Mobile: …………………………….

Email:     ………………………………………………………………………………………………………

 

Item 12

Public Liability (including product liability) cover: $ …………………………………….

Additional requirements Other:

 

 

 

Clause 8.1

(12)

throughout the Lease Term at its’ sole cost, in its name and noting the Landlords interest obtain the following insurances:


(a)

Property: all stock, furnishings, plant and equipment including fixtures and improvements owned or installed by the Tenant in the Premises insured against loss or damage including fire, with standard extension coverage;


(b)

Public Liability: in the amount specified in Item 12;


(c)

Plate Glass: all plate glass including frames forming part of the Premises for reinstatement; and


(d)

Business Interruption: business interruption insurance in an amount sufficient to reimburse the Tenant for loss of earnings;

(12)

insure all property situated in the Premises belonging to the Tenant, or for which the Tenant is legally liable, from fire with standard coverage in the joint names of the Landlord and the Tenant.

(13)

maintain public liability insurance (including liability against damage caused to the Premises as a result of failure or neglect by the Tenant, their employees, contractors or equipment) in accordance with Item 12;

(14)

insure its own plant, equipment and stock in trade.

(15)

insure all plate glass in the Premises.

(16)

insure for any other form of insurance the Landlord may from time to time reasonably require. (see Item 12)

 

Clause 8.2

The Tenant will ensure that all insurance policies required to be effected under this Lease:

(1)

have been approved by the Landlord; and

(2)

are at all times current and cover the agreed risks in accordance with Item 12 and contain conditions acceptable to the Landlord and the Landlord’s insurer.

 

Clause 8.3

Upon request provide copies of and provide certificates annually for each insurance policy confirming the currency of such policies to the Landlord.

 

Clause 10.1(4)

are insured as part of the Commercial Building against all reasonable insurable contingencies in broad cover form (including public liability), such policies are to be maintained for the Lease Term of this Agreement.

 

19 Feb 2018 v1.7

Additions / Changes:

 

Item 2

Name:     …………………………………………………………………………………………………..

Address: ………………………………………………………………………… ACN: …………………

             ………………………………………………………………………… ABN: …………………

Phone:   (…)……………………… Fax: (…)……………………… Mobile: …………………………..

Email:    …………………………………… Licence No.: …………… GST Registered: __ Yes __ No

 

Clause 1(7)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2000 (NSW) including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Clause 1(14)

Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.

 

Clause 8.1(21)

ensure where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached  such label or instruction is not  defaced, damaged or removed.  

 

Clause 34

Notices

34.1

Any notice to be served on any party under this Agreement shall be in writing and may be served on that party:


(a)

by delivering the notice to the party personally; or


(b)

by leaving it for the party at the party’s address as stated in Items (2), (3) and (5); or


(c)

by posting it to the party, by registered mail as a letter addressed to the party at the address as stated in Items (2), (3) or (5); or


(d)

by facsimile to the party's facsimile number in Items (2), (3) or (5).

34.2

A notice so posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the notice would be delivered.

34.3

Notices must be served before 5pm on a Business Day, failing which, such Notice will be deemed to have been served on the next Business Day.

 

Clause 36

Provision of Documents

The parties agree and confirm this Agreement may be forwarded electronically if the recipient has provided an address for Electronic Communication in the Item Schedule to this Agreement.

 

Clause 36

Related Documents / Notices / Electronic Communication

36.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

36.2

A Related Document to be served on any party under this Agreement  shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Agreement; or


(3)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Agreement; or


(4)

by email to the party at the appropriate email address as stated in this Agreement ; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 36.2(1) to (4) above.

36.3

A document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the document would be delivered.

36.4

A document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions Act 2000 (NSW).

36.5

Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

36.6

Documents must be served before 5pm on a Business Day, failing which, such document will be deemed to have been served on the next Business Day.

36.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

36.8

The parties agree to execution, delivery and service of documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

Clause 38

Safety

Where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached the Tenant is not to deface, damage or remove such label.

 

04 Jan 2018 v1.6

Additions / Changes:

 

NOTE (3)

Any lease of a term longer than 3 years will require registration under the Real Property Act 1900 in which case this document will form a schedule to the Land & Property Information NSW (LPI) NSW Land Registry Services (NSWLRS) Lease Form 07L.

 

23 Jun 2017 v1.5

Additions / Changes:

 

NOTE (3)

Any lease of a term longer than 3 years will require registration under the Real Property Act 19900 in which case this document will form a schedule to the Land & Property Information NSW (LPI) Lease Form 07L.

 

17 May 2017 v1.4

Additions / Changes:

 

Clause 8.1(11)

with respect to the Premises, ensure that charges for:

(1)

electricity

(2)

gas

(3)

excess water

(4)

excess of garbage

(5)

sanitary

(6)

telephone

are paid.

 

11 Jun 2015 v1.3

Copyright statement updated.

 

01 Mar 2015 v1.2

Additions / Changes:

 

Item 5

TENANT

Name/s: ……………………………………………………………………………………..DOB:.……/……./..…..

Address: …………………........………………………………………………………………………………………

ABN: .....…………… Phone: …………………….   Fax: ………………….…..  Mobile: ………….……………

Email: …………………………………………………………………………….……  GST Registered: Yes/No

 

Item 7

PREMISES   (Includes all Landlord’s  fittings and fixtures)

Address: ……………………………………………………………………………….………………..…………..…

(Includes all Landlord’s  fitting and fixtures)

Description: …………………………………………………………….……(e.g.as shown on attached diagram)

Area of Premises: ……………………………….. m²(approx)

 

Item 8

Annual Rent Payable year one: $……………….…… including/ excluding/ plus GST per annum.

$ ……..………… payable weekly / fortnightly / monthly/quarterly in advance on the:……………….….

Other Information:………….…………………………………………………………………….……………………

Rent Review Basis Type: CPI/Other (if other, see Special Conditions)

Date of Initial Rent Review: ……………………………………..…………….…………………………………….

And thereafter: ………………………………………….…………………………………………..(e.g. annually).

 

Item 9

Bank Guarantee/ Security Bond payable by the Tenant: $..............or equivalent to .…… months rent.

__ Cash Bond  OR __ Bank Guarantee OR __ Other form of security: …………..……….…………………

The sum equivalent to  …………… months gross rent plus GST.

Being, for the first year $ ……………… including/excluding/plus GST

 

Item 11.2(2)

Rental Yr one: Tick ONE only

__ Current Market Rent Review (see Clause 5.4)     __ Other (e.g. CPI)(insert as a Special Condition)

 

Item 14

Payable by Tenant:  __Yes __  No  

Payable: weekly/fortnightly/monthly/quarterly in advance on the: ………………………………………….

Outgoings in addition to those specified in Clause 1(11): 1) ……………....…………………………………….

(see attached Outgoings Schedule if insufficient room)   2) ……………………………….…………………….

 

Tenant’s % of Outgoings: (tick one of the following)

__ ……………..% of Outgoings    

OR        

__ ……………..% of increases in Outgoings above the Base Year Outgoings where Base Year is 20___

 

Clause 1(8)

Item: means items detailed in the Item Schedule of this Agreement.

 

Clause 1(10)

Lease Term: the period of time set out in Item (10) of the Item Schedule.

 

Clause 1(11)

Outgoings: include expenses incurred by the Landlord with respect to the Land and Commercial Building including:

(1)

all state and local government rates and charges on the Land and Commercial Building (including land tax,) including water and sewerage rates and general rates.

(2)

periodic charges and levies including  insurance premiums and fire protection services.

(3)

repair, maintenance and cleaning (excluding structural matters and major repairs).

(4)

those things (if any) specified in Item (14) of the Item Schedule.

 

Clause 1(12)

Premises: the premises referred to in Item (7) of the Item Schedule.

 

Clause 1(13)

Rent Review Date:  the date the rental amount charged to the Tenant is reviewed (as provided in Item (8) of the Item Schedule).

 

Clause 1(15)

Security Bond: a cash bond or bank guarantee in the amount as set out in Item (9) and thereafter, equivalent to the rental for the number of months stated in Item (9).

 

Clause 1(16)

Security Interest: means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation. See has the meaning given it in accordance with Section 12 of the Personal Property Securities Act 2009 (Cth).

 

Clause 5.2

An option to extend the Lease Term of the Agreement shall only be granted by the Landlord if the Tenant has complied with the Terms and Conditions of this Agreement such that there is no existing or unremedied breach or default at the date of exercise of the option.

 

Clause 5.3

The Tenant, having complied with Clause 5.1 & 5.2, the Landlord will grant a further lease of the Premises to the Tenant on the same Terms and conditions as this Agreement subject to Clause 5.4, excluding Item (11) of the Item Schedule and this Clause and otherwise varying Item (10) of the Item Schedule as to the Lease Commencement and Lease End Date.

 

Clause 5.4(c)

where the rental is to be determined by market review the reviewed in accordance with Current Market Rent, the rent will be determined by a Valuer within a reasonable time (not less than two months) prior to expiration of the current Term.

 

Clause 8.1(5)

immediately on receipt of notice pay to the Landlord, Outgoings in accordance with Item (14) of the Item Schedule and Stamp Duty under Clause 21 no later than the due date specified in the Item Schedule.

 

Clause 8.1(13)

maintain public liability insurance in accordance with Item (12) of the Item Schedule.

 

Clause 8.1(19)

carry on its business in a fit and proper manner during the term of the Agreement Lease or any extension.

 

Clause 10.1

On delivery of possession of the Premises the Landlord will ensure the Premises are:

(1)

are clean, safe and fit to occupy.

(2)

clean

(2)

in compliance comply with state and local authority building regulations

(3)

have, where required under the Work Health & Safety Regulation 2012, a current asbestos register and asbestos management plan

(4)

insured as part of the Commercial Building against all reasonable insurable contingencies in broad cover form (including public liability) such policies are to be maintained for the Lease Term of this Agreement.

 

Clause 16

Personal Property Securities

16.1

Security Interest notification

The Tenant must notify the Landlord on or before the Commencement Date if any of the personal property owned or used by the Tenant which will be either located in the Premises or relevant to this Agreement is subject to any Security Interest.

16.2

Exclusion of Personal Property Securities Act 2009 (Cth) (PPS Act) provisions.

To the extent the law permits:

 

(a)

the Tenant waives its rights to receive notifications, verifications, statements, disclosures, proposals and any other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPS Act;

 

(b)

the Landlord and the Tenant agree that sections 96, 125, 129, 142 and 143 of the PPS Act do not apply to this Agreement.

 

Clause 17

Registration and Release of Security Interest

17.1

Where registration or release of a Security Interest is required each party will do all things reasonably necessary to facilitate such registration or release.

17.2

The Tenant agrees the Landlord may register a Security Interest over any of the personal property (including Security Bond) owned or used by the Tenant which is either located in the Premises or relevant to this Agreement.

17.3

The Tenant having complied with its obligations under the Agreement and not being otherwise in default the Landlord will release any Security Interest over the Tenant’s personal property at the end of the Lease Term or any extension of the Lease Term.


 

Clause 18.1(e)

a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Premises with such a label or instruction attached.

 

Clause 19.1(a)

lodge with the Landlord a cash deposit bond; or

 

Clause 29

Applicable Law

29.1

The laws of New South Wales are the laws applicable to this Agreement.

29.2

Both parties agree to comply with statutes, regulations, orders and by-laws relating to the Commercial Premises.


 

Clause 33.1

Any monies payable under this Lease Agreement Contract, (or any judgment given in respect of this Lease Agreement Contract) not paid when due will attract Interest from the due date for payment, to the date of payment at the rate prescribed in Item (15).  If no rate is prescribed, the rate will be equivalent to the Landlord’s Lessor’s bank overdraft rate plus 2%

 

Clause 33.2

Interest due will not be payable until notice is given to the Tenant Lessee by the Landlord Lessor in respect to monies owed.

 

Clause 36

The parties agree and confirm this Agreement may be forwarded electronically if the recipient has provided an email address or facsimile number for Electronic Communication in the Item Schedule to this Agreement.

 

Clause 38

Safety

Where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached the Tenant is not to deface, damage or remove such label.

 

22 Jun 2012 v1.1

Additions / Changes:

 

Clause 1(14)

Security Interest: means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation. See Section 12 of the Personal Property Securities Act 2009.

 

Clause 2.1(5)

the Item Schedule and any attached addendum pages and annexures shall column notes in the Item Schedule form part of this Agreement.

 

Clause 12.5

In the case of any dispute arising under Clause 12, the provisions of Clause 26 will apply however if the dispute is not resolved, the same shall be referred to arbitration under the provisions of the Commercial Arbitration Act 2010.

 

Clause 15

The Tenant is not entitled to deal with the Lease or other assets of the business on, in or from the leased Premises by way of security or by way of creating a security interest, without first having obtained the Landlord’s consent, which consent, is at the sole discretion of the Landlord and may be granted upon such terms and conditions as the Landlord considers reasonable.

 

Clause 17.1

If a requirement for a Security Bond is provided for in Item (8), for the purpose of securing the performance by the Tenant of its obligations under this Agreement, the The Tenant must:

(a)

lodge with the Landlord a cash deposit; or give to the Landlord a Security Bond in the amount provided for in Item (8); or

(b)

arrange for the issue of an unconditional bank guarantee, in favour of the Landlord which does not have an expiry date.

for the purpose of securing the performance by the Tenant of its obligations under this Agreement

 

Clause 17.2

On the sale or the transfer of the Premises the Landlord may assign its right with respect to the Security Bond to the purchaser and upon notifying the Tenant the Landlord will be released from all obligations in relation to the Security Bond. Where the Security Bond/ bank guarantee is not assignable, the Tenant will cause a replacement guarantee to be issued in favour of the purchaser the reasonable costs of which will be met by the Landlord. Where a replacement Security Bond has been issued the original must be released to the Tenant.

 

Clause 17.3

The Landlord may apply the Tenant’s Security Bond towards as compensation for any loss or damage incurred or sustained by the Landlord due to the Tenant’s failure to comply with any of its obligations under this Agreement.

 

Clause 17.4

The Landlord’s exercise of its rights with respect to the Security Bond does not prejudice any other rights of the Landlord arising from a breach of the terms of the Agreement.

 

Clause 17.5

The Landlord will as soon as practicable at after the end of the Lease Term or any extension of the Lease Term cause to be released, subject to any unsatisfied claim under Clause 17.3, the Security Bond to the Tenant.