Real Property Lease Contract - Commercial/Retail - AUVICRECM015

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

07 May 2018 v1.5

Additions / Changes:

 

Title

REAL PROPERTY LEASE CONTRACT

(COMMERCIAL/RETAIL)

(with Options)

(THIS CONTRACT CONSISTS OF PAGES 1 TO 14 AND ANY ATTACHMENTS)

The Lessor and Lessee agree to be bound by this Lease Contract.

(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item - e.g. ‘Refer Additional Expenses Annexure’)

 

Item 2

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

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

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

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

Email:      ………………………………………………… Contact: ……………………………….. Notices*: __

 

Item 3

LESSOR Note: If insufficient room list additional Names and Addresses in Item (16) (Special Conditions)

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

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

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

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

Email:      ………………………………………………………………… GST Registered: Yes/No Notices*: __

Solicitor/Self Acting ………………………………………………………………………………………………..

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

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

Email:      ………………………………………………… Contact: ……………………………….. Notices*: __

 

Item 4

lESSEE Note: If insufficient room list additional  Names and Addresses in Item (16) (Special Conditions)

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

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

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

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

Email:      ………………………………………………………………… GST Registered: Yes/No Notices*: __

Solicitor/Self Acting ………………………………………………………………………………………………..

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

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

Email:      ………………………………………………… Contact: ……………………………….. Notices*: __

 

Item 5

GUARANTOR(s)

Note: If more than (2) Guarantors, list additional Names and Addresses in Item (16) (Special Conditions)

5.1

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

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

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

Email:      ……………………………………………………………………………………….. Notices*:__

5.2

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

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

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

Email:      ……………………………………………………………………………………….. Notices*:__

*By checking the Notices box, that party agrees to receive Notices via email to the specified email address (Clause 43.1(e))

 

Item 16 Header

SPECIAL CONDITIONS (If insufficient space attach separate sheet)

 

Item 17

Prior to signing this Lease Contract each party should obtain independent legal advice as to this Lease Contract itself and whether or not the Act applies.

Any additions, alterations or deletions by way of Special Conditions or otherwise to the printed Terms and Conditions of this Lease Contract should be by way of Special Conditions and inserted in Item 16.  Prior to doing so, each party should seek independent legal advice.

 

Clause 1.1(10)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions (Victoria) Act 2000 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 1.1(31)

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

 

Clause 17.1(19)

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 43

Notice

43.1

Any notice to be served on any party under this Lease Contract 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 (3) and (4) or the Premises (Item 6); or

 

(c)

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 Item (3) or (4); or

 

(d)

by facsimile to the party's facsimile number in Item (3) or (4); or

 

(e)

if both parties agree and it is lawful, by electronic transmission to the party at the email address shown for that party in the Item Schedule. (Refer to Items (2) to (5) of this Lease Contract); or

 

(f)

by delivery to the party’s solicitor’s office by any of the methods outlined in Clauses 43.1 (a) to 43.1 (e) above.

43.2

A notice served by post 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.

43.3

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

43.4

A Lessor’s Agent shall be recognised as a party and may receive notices in accordance with Clause 43.1 on the Lessor’s behalf if authorised by the Lessor.

43.5

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 45

Related Documents / Notices / Electronic Communication

45.1

The parties agree and confirm any documents and communications in relation to this Lease Contract 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.

45.2

A Related Document to be served on any party under this Lease Contract 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 Lease Contract; 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 Lease Contract; or

 

(4)

by electronic communication to the party at the appropriate electronic address as stated in this Lease Contract; or

 

(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 45.2(1) to (4) above.

45.3

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.

45.4

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

45.5

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

45.6

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.

45.7

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.

45.8

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

 

Clause 46

Provision of Documents

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

 

Clause 54

Safety

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

 

11 Jun 2015 v1.4

Copyright statement updated.

 

01 Mar 2015 v1.3

Additions / Changes:

 

Item 4

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

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

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

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

Email:     ………………………………………………..………...… GST Registered: Yes/ No  Notices*: __

Solicitor/ Self Acting ……………………………………………..……………………………………………...

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

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

Email:     ……..………………..…………..…    Contact: ………..………...…......................   Notices*:__

 

Clause 1.1(27)

Outgoings: expenses incurred by the Lessor with respect to the Land and Building including:

 

Clause 1.1(37)

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 6.4

The Lessor will must, where the Act applies and may where the Act does not apply:

 

Clause 17.2

Except in the case where the Lessor, its Agent or employees have been negligent or have failed to comply with the obligations under this Lease Contract, neither the Lessor, its Agent or employees will be liable for any loss or damage suffered by the Lessee or other persons on the Premises with respect to person or property.

 

Clause 28

Personal Property Securities

28.1

Security Interest notification

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

28.2

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

To the extent the law permits:

(a)

the Lessee 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 Lessor and the Lessee agree that sections 96, 125, 129, 142 and 143 of the PPS Act do not apply to this Lease Contract.


 

Clause 29

Registration and Release of Security Interest

29.1

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

29.2

The Lessee agrees the Lessor may register a Security Interest over any of the personal property (including Security Deposit) owned or used by the Lessee which is either located in the Premises or relevant to this Lease Contract.

29.3

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

 

Clause 33.1(d)

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 46

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

 

Clause 54

Safety

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

 

22 Nov 2012 v1.2

Additions / Changes:

 

Item 6 Note

Note: Where the Act applies, within 14 days of all parties signing the Lessor must provide relevant details to the Small Business Commission.

 

22 Jun 2012 v1.1

Additions / Changes:

 

Clause 1(37)

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 32

Security Deposit

32.1

If a requirement for a Security Deposit is provided for in Item (14) for the purpose of securing the performance by the Lessee of its obligations under this Lease Contract, the Lessee must:

(a)

lodge with the Lessor a cash deposit in the amount provided for in Item (14); or

(b)

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

for the purpose of securing the performance by the Lessee of its obligations under this Lease Contract.

32.2

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

32.3

The Lessor may apply the Lessee’s Security Deposit towards compensation for any loss or damage incurred or sustained by the Lessor due to the Lessee’s failure to comply with any of its obligations under this Lease Contract. Provided however, before exercising its rights, the Lessor must give the Lessee 7 days notice to remedy the failure.

32.4

Where the Lessor has had recourse to the Security Deposit the Lessee must top up the Security Deposit to reinstate the amount specified in Item (14).

32.5

The Lessor’s exercise of its rights with respect to the Security Deposit does not prejudice any other rights of the Lessor arising from a breach of the terms of the Lease Contract.

32.6

The Lessor will as soon as practicable 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 32.3, the Security Deposit to the Lessee.

327

Investment of Deposit:

Where the parties agree to invest the Security Deposit, then:

32.2(1)

The Lessor will invest any cash deposit with a Bank, Building Society or Credit Union in an interest bearing account.

32.3(2)

The interest on the cash deposit will form part of the Security Deposit and be paid to the party who becomes, and is entitled, to the cash deposit at the end of the Lease Term.

32.4(3)

The parties will supply to the Deposit Holder at the Date of Lease Contract, their tax file numbers in order to assist with the investing of the Deposit.

32.5

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

32.6

The Lessor may apply the Lessee’s Security Deposit towards compensation for any loss or damage incurred or sustained by the Lessor due to the Lessee’s failure to comply with any of its obligations under this Lease Contract. Provided however, before exercising its rights, the Lessor must give the Lessee 7 days notice to remedy the failure.

32.7

Where the Lessor has had recourse to the Security Deposit the Lessee must top up the Security Deposit to reinstate the amount specified in Item (14).

32.8

The Lessor’s exercise of its rights with respect to the Security Deposit do not prejudice any other rights of the Lessor arising from a breach of the terms of the Lease Contract.

32.9

The Lessor will as soon as practicable after the end of the Lease Term or any extension of the Lease Term release, subject to any unsatisfied claim under Clause 32.3, the Security Deposit to the Lessee.

 

Clause 44

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Lease Contract.