Retail Shop Lease - 3 Years Or Less - AUQLDRECM019

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

 

22 Oct 2018 v2.5

Additions / Changes:

 

Clause 18.3

On the giving of reasonable notice to the Lessee, the Lessor may at reasonable times during trading hours, enter the Premises for the purposes of:

(1)

inspecting the Premises; or

(2)

viewing works or repairs to the Premises; or

(3)

performing any building or other repair work in accordance with this Lease in particular Clause 18.2(4) and 18.2(5) or works the Lessee has failed to complete in accordance with Clause 19.1(9); or

(4)

carrying out works required of the Lessor under any act, rule, regulation or by-law; or

(5)

providing any services for the Lessee or other tenants of the Centre; or

(6)

inventory recording of fixtures and fittings; and or

(7)

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; or

(8)

exercising the Lessor’s rights.

 

02 Aug 2018 v2.4

Additions / Changes:

 

Item 2

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

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

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

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

Email:     ………………………………………….………………………… Contact: ……………………………

 

Item 3

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

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

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

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

Email:     ………………………………………….………………………… Contact: ……………………………

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

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

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

Email:     ………………………………………….………………………… Contact: ……………………………

 

Item 4

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

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

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

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

Email:     ………………………………………….………………………… Contact: ……………………………

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

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

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

Email:     ………………………………………….………………………… Contact: ……………………………

 

Item 5

5.1

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

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

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

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

Email:     ...…………………………………………………………………………………………………

5.2

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

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

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

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

Email:     ...…………………………………………………………………………………………………

 

Clause 35.1

Throughout the Lease Term at its’ sole cost, the Lessee must in its name and noting the Landlords interest obtain and maintain in accordance with Item 15 the following insurances:

(1)

Property: all stock, furnishings, plant and equipment including fixtures and improvements owned or installed by the Lessee in the Retail Shop insured against loss or damage including fire with standard extension coverage for not less than 90% replacement cost;

(2)

Public Liability: in the amount specified in Item 15 or such other amount as reasonably specified by the Lessor;

(3)

Plate Glass: all plate glass including frames forming part of the boundary walls of the Retail Shop for reinstatement; and

(4)

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

(5)

General: any other form or forms of insurance reasonably required by the Lessor from time to time.

 

Clause 35.2

The Lessee will ensure that all insurance policies required by the Lessee under this Lease:

(1)

have been approved by the Lessor; and

(2)

are taken out in the joint names of the Lessor and the Lessee for their respective rights and interests.

(2)

are at all times current and cover the agreed risks in accordance with Item 15 and contain conditions acceptable to the Lessor and the Lessor’s insurer.

 

07 May 2018 v2.3

Additions / Changes:

 

Title

RETAIL SHOP LEASE

(with Options)

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

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

(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 3 Header

LESSOR   Note: If insufficient room list additional Names and Addresses in Item (22) (Special Conditions)

 

Item 4 Header

LESSEE   Note: If insufficient room list additional Names and Addresses in Item (22) (Special Conditions )

 

Item 5 Header

GUARANTOR/S   If more than (2) Guarantors, list additional Guarantors in Item (22)  Special Conditions

 

Item 22 Header

SPECIAL CONDITIONS   (If insufficient space attach separate sheet)

 

Clause 1.1(3)

Bank: A business carrying on a bank business as defined in section 5 of the Banking Act 1959 (CTH), the Reserve Bank or Bank constituted under State law.

A Bank as defined in the Banking Act 1959 (Cth), the Reserve Bank or Bank constituted under State Law.

 

Clause 1.1(38)

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

 

Clause 19.1(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 such label.

 

Clause 55

Related Documents / Notices / Electronic Communication

55.1

The parties agree and confirm any documents and communications in relation to this Lease may be forwarded electronically in accordance with this clause 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.

55.2

Any Related Document, including this Lease, to be served on any party under this Lease 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; 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; or


(4)

by as an electronic communication via facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in this Lease; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 55.2(1) to (4) above.

55.3

A Related 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 Related document would be delivered.

55.4

A Related document sent by electronic communication will be deemed to have been received in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001.

55.5

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

55.6

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

55.7

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.

55.8

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

 

 

25 Nov 2016 v2.2

Additions / Changes:

 

All instances of 'Lease Contract' have been changed to 'Lease'.

 

Notes at beginning

Section 21B(1) and (2) 22

The lessor must provide to the prospective lessee a draft of the lease at least 7 days prior to the lessee entering into this lease and a disclosure statement in accordance with Section 21B of the Act.

At least 7 days before a prospective lessee of a retail shop enters into a retail shop lease the Lessor must give to the person a draft of the lease Contract and a Disclosure Statement.

Section 22

The lessor must give the lessee a signed lease or a certified copy thereof within 30 days after this lease is signed.

Section 22A

At least 7 days before entering into this lease Contract, the prospective lessee must give the lessor a Lessee’s disclosure statement.

Section 22D

Prior to entering into a Retail Shop Lease the Lease commencement the lessee who is not a major lessee must give the lessor a Financial Advice Report and Legal Advice Report.

Section 23

A certified copy of the Lease Contract is to be provided by the Lessor to the Lessee within 30 days of signing.

 

Item 2

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

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

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

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

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

 

Item 3

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

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

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

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

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

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

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

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

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

 

Item 4

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

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

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

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

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

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

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

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

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

 

Item 5

5.1

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

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

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

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

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

5.2

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

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

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

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

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

 

Item 11.2

Lessee’s Proportion of Outgoings: (tick one of complete the following where applicable)

__ (1)

………….% of Outgoings   OR

__ (2)

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

   (3)

………….% in relation to Outgoings which benefit the lettable area of the Lessee’s and other Premises and part but not the whole of the lettable area of the Building: ………………….%

 

Clause 1.1(1)

Act: where used in this Lease Contract, means the Retail Shop Leases Act 1994 as amended and Regulations thereto.

 

Clause 1.1(2)

Audited Annual Statement: statement required under Section 38B(1) 37(2)(c) or 41(4) of the Act. Note: the Department of Justice and Attorney General State Development and Innovation Form – Audited statement of outgoings Statement of Outgoings and Outgoings Recovered

 

Clause 1.1(15)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions (Queensland) Act 2001 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(27)

Lessor Disclosure Statement: a statement given by the Lessor to the Lessee in compliance with Section 21B or 21E 22 of the Act.

 

Clause 1.1(28)

Lessor’s Estimate of Outgoings: Estimate of Lessor’s Apportionable Outgoings in accordance with Section 38A(1) 37 (2) (b) of the Act.

 

Clause 1.1(35)

Prospective Lessee Disclosure Statement: a statement given by the Lessee to the Lessor in compliance with Section 22A of the Act.

 

Clause 1.1(38)

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

 

Clause 7.2

The Lessor must supply the Lessee with:

(1)

a Lessor Disclosure Statement detailing the Lessor’s annual apportionable estimate of outgoings estimates, not less than 7 days prior to entering into this Lease Contract; and

(2)

during the term of this Lease once this Lease Contract is complete, a Lessor’s Estimate of Outgoings at least one month before the start of each period to which the estimate relates.

 

Clause 7.5

Within 3 months after the end of the period to which Outgoings relate the Lessor must give to the Lessee an Audited Annual Statement of Apportionable Outgoings.

 

Clause 10

Promotion Fund

Where the Lessee is required to make payments in respect of a Promotion Fund (Item 12) the Lessor must;

(1)

at least one month before the start of each accounting period make available a marketing plan detailing proposed expenditure on promotion during that accounting period

(2)

within 3 months after the end of each accounting period provide an audited annual statement of Lessor’s expenditure for promotion for that period, and

(3)

carry forward any unspent promotion amount to the next accounting period.

 

Clause 18.2(16)

where particulars of the Land are registered in the contaminated land register give notice to the Lessee in accordance with section 407 of the Environmental Protection Act 1994.

 

Clause 19.1(19)

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

 

Clause 19.3

The Lessee will give the Lessor written notice of any loss or damage suffered by the Lessee as a result of a breach by the Lessor of its responsibilities under Clause 18.2 as soon as practicable after such loss or damage is suffered.

 

Clause 30

Mortgagee consent

Where this Lease Contract is conditional upon Mortgagee consent, the Lessor and Lessee must execute and complete any reasonable deed of consent required by the Mortgagee the reasonable costs of which will be payable recoverable from the Lessee by the Lessor.

 

Clause 31.4

The Lessee will pay the Lessor’s reasonable costs in relation to any assignment or subletting including the reasonable costs of preparation of a head lessor disclosure statement, in accordance with section 21C of the Act.

 

Clause 41.1(1)

given notice (in accordance with Clause 55) to the Lessor of its intention to renew not more than 6 months and not less than 2 months before the then current Lease Term in Item (16.1 (1)) or (16.2(1)) expires.

Note: the Lessor must give the Lessee a current Disclosure Statement within 7 days after receipt of the notice of intention to renew (section 21E(2)) unless the Lessee gives notice waiving its right to such disclosure statement (section 21E(3)).

 

Clause 44

Notice

44.1

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

(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 Items (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 44.1(a) to 44.1(e) above.

44.2

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.

44.3

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

44.4

A Lessor’s Agent shall be recognised as a party and may receive notices in accordance with Clause 44.1 on the Lessor’s behalf if authorised by the Lessor.

44.5

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 47

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 55

Related Documents/Notices

55.1

The parties agree and confirm documents may be forwarded electronically in accordance with this clause.

55.2

Any Related Document, including this Lease, to be served on any party under this Lease 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; 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; or

(4)

as an electronic communication by facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in this Lease; or

(5)

by delivery to an alternative address provided in writing by the party, by any of the methods outlined in Clauses 55.2(1) to (4) above.

55.3

A Related 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 Related Document would be delivered.

55.4

A Related Document sent by electronic communication will be deemed to have been received in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001.

55.5

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

55.6

Related Documents must be served before 5pm on a business day, failing which, such Related Document will be deemed to have been served on the next business day.

55.7

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.

55.8

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

 

Clause 56

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 v2.1

Copyright statement updated.

 

01 Mar 2015 v2.0

Additions / Changes:

 

Item 4

Name: ...………………………………………………………………………………… DOB:……./……../….…. Address: …………................................................................... ACN: ……………....……………………

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

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

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

 

Item 8.1

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

Monthly: $.................................................. including/ excluding/ plus GST

 

Clause 1.1(32)

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

 

Clause 1.1(43)

Security Bond: a cash bond deposit or bank guarantee in the amount as set out in Item (18) and thereafter equivalent to the rental for the number of months stated in Item (18).

 

Clause 1.1(44)

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.

 

Clause 17.2(15)

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

 

Clause 32

Personal Property Securities

32.1

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.

32.2

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 33

Registration and Release of Security Interest

33.1

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

33.2

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

33.3

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 36.1(f)

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 37.6

Investment of Bond Deposit:

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

(1)

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

(2)

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

(3)

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

 

Clause 47

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 56

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 Jun 2012 v1.9

Additions / Changes:

 

Clause 1(44)

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 20.5

Any dispute under this Clause will be determined by a Valuer appointed by the president of the Australian Property Institute Incorporated (Queensland Division) at the request of either the Lessor or the Lessee.  The Valuer will act as an expert and not an arbitrator; his determination will be final and binding. including the determination and payment of costs.

 

Clause 20.6

The costs of the dispute will, unless otherwise determined by the Valuer, be paid equally by the parties.

 

Clause 31.2

The Lessee 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 Lessor’s consent, which consent, is at the sole discretion of the Lessor and may be granted upon such terms and conditions as the Lessor considers reasonable.

 

Clause 35.1

If a requirement for a Security Bond is provided for in Item (18), 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 (18); 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.

 

Clause 35.2

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

 

Clause 35.3

The Lessor may apply the Lessee’s Security Bond 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.

 

Clause 35.4

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

 

Clause 35.5

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 35.3, the Security Bond to the Lessee.

 

Clause 35.6

Investment of Deposit:

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

35.2(1)

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

35.3(2)

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

35.4(3)

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

 

Clause 35.5

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

 

Clause 35.6

The Lessor may apply the Lessee’s Security Bond 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.

 

Clause 35.7

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

 

Clause 35.8

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 35.6, the Security Bond to the Lessee.

 

30 Jan 2012 v1.8

Additions / Changes:


Important Notes

IMPORTANT

The parties should be familiar with or seek advice with regard to the Act in general and the following pre-lease requirements.

Section 22

At least 7 days before a prospective lessee of a retail shop enters into a retail shop lease the Lessor must give to the person a draft of the lease Contract and a Disclosure Statement.

Section 22A

Before entering into this Lease Contract, the prospective lessee must give the Lessor a Lessee’s Disclosure Statement.

Section 22D

Prior to the Lease commencement the Lessee must give the Lessor a Financial Advice Report and Legal Advice Report.

Section 23

A certified copy of the Lease Contract is to be provided by the Lessor to the Lessee within 30 days of signing.


Item 2

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

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

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

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

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


Item 3

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

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

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

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

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

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

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

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

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


Item 4

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

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

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

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

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

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

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

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

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


Item 5

5.1

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

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

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

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

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

5.2

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

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

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

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

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


Item 6

Land Description: Lot No.: ……………… on Plan …………….…… Title Reference: ………………………..

Premises Description: Shop No: ………………   Plan attached showing leased Premises: Yes __ No __

In Building/ Centre: …………………..………………………..…………..…………………………………………..

                           ……………………….……………………….……………………………………………………

Lettable Area of Centre: ………………….........……m²    Area of Premises: ……………….......…….……m²

Note: Leases in excess of 3 years should be registered with the Department of Natural Resources and Water.

Lessor’s included fittings and fixtures:

 

 


Item 8.1

Annual Rent year one: $………...……. including/excluding/plus GST per annum (Incl. GST: Yes _ No _)  

Monthly: $................................ including/excluding/plus GST (Incl. GST: Yes _ No _)


Item 8.2

Payable: monthly in advance on the:……….………………………………………………………(Rent due date)

Rent due date: The ............................................day of each month.


Item 11

Payable by the Lessee: Yes __  No __ (If ‘yesrefer to the attached Annual Estimate of Outgoings)

11.1

Lessee’s Proportion of Outgoings: (tick one of the following)

__  …...…..% of Outgoings   OR

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

11.2

In relation to Outgoings which benefit the lettable area of the Lessee’s & other Premises and part but not the whole of the lettable area of the Building: …………………….%


Item 16

Option to renew given: Yes _  No  _   Number of Options: ………………………..

16.1

(1) First Option Term: ………………………………… Commencement Date:………………………

(2) Rental Year one:

__ Current Market Rent (see Clauses 39) OR __ Other (insert as a Special Condition)

(3) Rental increase payable pending determination:  ………………% (See Clause 40.1)

(4) Annual Rent Reviews: (in accordance with Clause 40.2)

(5) Option Date*: ………...…………………………………………………………………………..……

16.2

(1) First Option Term: ………………………………… Commencement Date:………………………

(2) Rental Year one:

__ Current Market Rent (see Clauses 39) OR __ Other (insert as a Special Condition)

(3) Rental increase payable pending determination:  ………………% (See Clause 40.1)

(4) Annual Rent Reviews: (in accordance with Clause 40.2)

(5) Option Date*: ………...…………………………………………………………………………..……

*Note: (1) The last date by which the Lessee, if the Lessee intends to exercise the option, must exercise the option.

        (2) Section 46 of the Act requires the Lessor to give the Lessee written notice of the Option Date.


Item 18

18.1 Required: __ Yes __ No                                    

18.2 Amount Year One: ……………………….….…………… or equivalent to …………………. months rent

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

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


Item 19

Provided: __ Yes __ No  Number allocated: ………………………..…… Licence Agreement: __ Yes  __ No

Designated Parking Space/s (location): ……………………….…………………………………………………….

Car Park Opening Hours: …………………………………………………………...…………………………………


Item 23

Prior to signing this Lease Contract each party should obtain independent legal advice as to this Lease Contract.

Any additions, alterations or deletions by way of Special Conditions or otherwise to the printed Terms and Conditions of this Lease Contract should be inserted in Item (22) above.  Prior to doing so, each party should seek independent legal advice.

The Lessee acknowledges having received a draft of this Lease Contract and a Disclosure Statement not less than 7 days prior to signing this Lease Contract and having had the opportunity to read this Lease Contract.


Clause 1.1(1)

ABS: Australian Bureau of Statistics


Clause 1.1(7)

Car park: those parts of the Land or the Building set apart by the Lessor for the parking of motor vehicles, including all internal roadways and of which the Designated Parking Space/s form a part.


Clause 1.1(9)

Common Areas: the areas in or adjacent to the Building under the control of the Lessor and are used or intended for use:

(a)

by the public; or

(b)

in common by the tenants of premises in the Centre relating to the carrying on of businesses on those premises. (Section 6 of the Act)

in the Centre relating to the carrying on of businesses on those premises. (Section 6 of the Act)

areas of the Centre provided by the Lessor for common use. (Section 6 of the Act)


Clause 1.1(10)

Consumer Price Index (CPI): is the Consumer Price Index (All Groups Index) for Brisbane as published by the Australian Bureau of Statistics.


Clause 1.1(12)

Date of Lease Contract: the date as set out in Item (1) of the Item Schedule unless otherwise specified.


Clause 1.1(13)

Designated Parking Space/s:  the Car Parking Spaces referred to in Item (19).


Clause 1.1(14)(1)

for a Lease of not more than 1 year, the period starting 3 months before the Option Date; and ending 1 month before the Option Date.


Clause 1.1(14)(2)

for a Lease of more than 1 year, the period starting 6 months before the Option Date; and ending 3 months before the Option Date.


Clause 1.1(17)

Guarantor: the individual, company or other entity referred to in Item (5) of the Item Schedule.


Clause 1.1(17)

Index: the Consumer Price Index for all groups for Queensland as published by the ABS or failing publishing such other index substituted by the ABS reflecting changes in the cost of living.


Clause 1.1(18)

Item: means Items detailed in the Item Schedule of this Lease Contract.


Clause 1.1(19)

Land: Land upon which the Centre is constructed or used by the Lessor in connection with the Centre.


Clause 1.1(21)

Lease Term: the period of time set out in Item (7) of the Item Schedule.


Clause 1.1(25)

Lessee’s Proportion: means that proportion of the Outgoings specified as a percentage in Item (11) of the Item Schedule.


Clause 1.1(26)

Lessor: the Lessor referred to in Item (3) together with its successor’s and assigns.


Clause 1.1(27)

Lessor’s Insurance: fire, lightening, earthquake, explosion, aircraft and vehicle impact, storm and tempest, rain water, malicious damage, such other risks as the Lessor considers appropriate in broad form cover.


Clause 1.1(31)

Option Date: means the date stated in Item (16.1(5)) and (16.2(5)) of the Item Schedule as the (last) date by which the Lessee, if the Lessee intends to exercise the option, must exercise it.


Clause 1.1(33)

Premises: the Premises more particularly described in Item (6) of the Item Schedule being part of the Centre (includes where applicable the external façade thereof)


Clause 1.1(35)(2)

treating as previously treated all internal and external surfaces of the Premises by painting, staining, polishing or otherwise to a reasonable specification approved by the Lessor.


Clause 1.1(37)

Rent: means the amount the Lessee agrees to pay stated in Item (8) of the Item Schedule as reviewed from time to time.


Clause 1.1(41)

Review Date: each annual anniversary of the Lease Commencement Date.


Clause 1.1(42)

Rules: rules made by the Lessor from time to time for operating the Building.


Clause 2.1(2)

‘person’ or ‘party’ includes a firm, body corporate or corporation and includes that person’s or party’s executors, administrators, successors and assigns.


Clause 2.1(5)

column notes in the Item Schedule and or any attached addendum pages and supporting documents or annexures in relation to the Lease shall form part of this Lease Contract.


Clause 2.1(6)

unless otherwise stated, if the Lessor’s consent or approval is required it may be granted or withheld at the Lessor’s discretion and will not be effective unless in writing and then only to the extent of that consent right.


Clause 4.1

If after At the Lease Expiry Date stated in Item (7) the Lessee, with the Lessor’s written consent, may continues with the Lessor’s prior written consent to occupy the Premises the Lessee but shall do so as a monthly tenant subject to the provisions of this Lease Contract.


Clause 5.4

Until the determination of the New Rent in accordance with the provisions of the Base chosen in Item (10) of the Item Schedule the Lessee will continue to pay the Rent applicable for the rental period immediately preceding the Review Date.


Clause 6.1

Where, in accordance with Item (8) of the Item Schedule, additional Rent is calculated as a percentage of the Lessee’s Turnover, the Lessee must pay the Turnover Rent calculated using the formula specified in Item (8) to the Lessor.  Such rental is to be paid by equal monthly instalments in arrears on the Rent due date.


Clause 6.3

Within 30 Business Days of the end of each Rental Year, the Lessee must deliver by statutory declaration to the Lessor a statement of the Lessee’s Turnover certified by a Registered Auditor.


Clause 6.4

Within 30 days of receiving the statement of the Lessee’s Turnover in accordance with Clause 6.3, the Lessor must either:

(a)

credit surplus Turnover Rent against future Rent; or

(b)

notify the Lessee in writing of any shortfall of Turnover Rent which the Lessee will immediately pay to the Lessor.


Clause 6.6

Other than in accordance with the provisions of Section 26 of the Act, the Lessor must not, whether directly or indirectly, disclose the Lessee’s Turnover information to third parties. other than in accordance with the provisions of Section 26 of the Act.


Clause 6.6

Within 30 days of receiving the statement of the Lessee’s Turnover in accordance with Clause 6.3, the Lessor must either:

(a)

credit surplus Turnover Rent against future Rent; or

(b)

notify the Lessee in writing of any shortfall of Turnover Rent which the Lessee will immediately pay to the Lessor.


Clause 7.6

Within 30 days of provision of the Statement in accordance with Clause 7.5 any necessary adjustment between the estimated and the actual Outgoings payable by the Lessee must be made and any refund or further payment must be paid made by the relevant party.


Clause 8.2

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


Clause 9.1

It is the Lessee’s responsibility to pay to the Lessor, when requested, the costs and expenses incurred throughout the term of this Lease Contract in particular relating to the following:


Clause 9.1(2)

assignment of a Lease Contract and any necessary consents (including Mortgagees) to the assignment.


Clause 9.1(3)

the reasonable expenses incurred in obtaining the Mortgagee’s consent to the Lease Contract and any consents or variations.

 

Clause 9.1(5)

survey fees associated with the registration of the Lease Contract

 

Clause 9.1(7)

lease registration costs including survey fees if any. relating to the Lease Contract.

 

Clause 9.2

It is the Lessee’s responsibility to make payment, by the specified due date, to any Service Provider contracted by the Lessee for services provided to the Premises independent of the Lessor’s responsibilities.

 

Clause 9.3

Should the Lessee trade for any period outside the Business Trading Hours specified in Item (14), any additional costs for services supplied during that time will be advised by the Lessor and payable by the Lessee.

 

Clause 10.1

The Lessee is required to pay to the Lessor the GST amount for a taxable supply made to the Lessee under this Lease Contract on provision by the Lessor of a valid tax invoice.

 

Clause 11.1

The Lessor will issue tax invoices when necessary in respect of all monies owning by the Lessee to the Lessor.

 

Clause 13.1

Where (apart from the exercise of an option) the Rent is to be adjusted, on a the Review Date, using Base A in Item (10) of the Item Schedule the New Rent shall be the amount determined as follows:

 

Clause 13.1(a)

either the Lessor or Lessee may on or before the Review Date give to the other a written notice proposing the Current Market Rent for the new Rental Year which if agreed to will be the Lessor and Lessee agree on a Current Market Rent for the Premises for the New Rent for the Premises for the Rental Year commencing from the Review Date; or

 

Clause 13.2(1)

in making a determination of the Current Market Rent, the Specialist Retail Valuer will comply with take into account the provisions of Section 29 of the Act and the Specialist Retail Valuer’s decision will be binding on all parties.

 

Clause 13.3

The Lessor and Lessee must each pay to the Specialist Retail Valuer one-half of the Valuer’s fee for determining the Current Market Rent of the Premises.

 

Clause 13.3(1)

will, within 14 days of being requested, provide to the Specialist Retail Valuer any relevant information requested to assist in determining the Current Market Rent.

 

Clause 13.4

The Lessor and Lessee must each pay to the Specialist Retail Valuer one-half of the Valuer’s fee for determining the Current Market Rent of the Premises.

 

Clause 15

Where the Rent is to be adjusted on the Review Date using Base C in Item (10) of the Item Schedule the New Rent shall be determined using the following formula:

 

Clause 16

Where the Rent is to be adjusted on the Review Date using Base D in Item (10) of the Item Schedule the New Rent shall be determined using the following formula:

 

Clause 17.2

The Lessor must, so far as it is within the Lessor’s control:

It is the Lessor’s responsibility to:

 

Clause 17.2(1)

not do anything which would limit the Lessee’s or its customer’s access to the Premises.

 

Clause 17.2(2)

not unreasonably take action that causes significant disruption to the Lessee’s trading at the Premises.

 

Clause 17.2(3)

not fail to take reasonable steps to prevent significant disruptions to the Lessee’s trading at the Premises.

 

Clause 17.2(7)

keep the Common Areas of the Centre reasonably clean and tidy in conjunction with the Lessee’s Obligations in Clause 18.1(5).

 

Clause 17.2(8)

obtain and maintain, for the Lease Term, the Lessor’s Insurance in accordance with Clause 33.

 

Clause 17.2(10)

promptly rectify any defect in the Premises or Centre other than pre existing defects of which the Lessee would have been aware on entering into, renewing or accepting assignment of the Lease Contract or repairs which are the Lessee’s responsibility under Clauses 18.1(2) & 18.1(9).

 

Clause 17.2(12)

notify the Lessee if the Lessor applies uses all or part of the Security Bond in accordance with Clause 35.6 in which case the Lessee must reinstate the Security Bond as required by this Lease Contract.

 

Clause 17.2(13)

should the Lessor enter into a contract to sell the Centre or Premises during the Lease Term, obtain from the purchaser a covenant binding the purchaser to observe the Terms and Conditions of this Lease Contract generally and in relation to the Lessee’s right to exercise the Option contained herein.

 

Clause 17.2(15)

serve upon the Lessee written notice of any defect, requiring the Lessee to make repairs in accordance with any covenant expressed or implied in this Lease Contract.

 

Clause 17.2(16)

supply a draft copy of the Lease Contract and the Lessor Disclosure Statement to the Lessee at least 7 days prior to entering into this Lease Contract in accordance with Section 22 (1) of the Act.

Note: Failure by the Lessor to comply with Section 22 (1) of the Act will allow the Lessee to terminate the Lease Contract in accordance with Section 22(3) of the Act.

 

Clause 17.3

On the giving of reasonable 2 days notice to the Lessee, the Lessor may at reasonable times during trading hours, enter the Premises for the purposes of:

 

Clause 17.3(1)

inspecting the Premises

 

Clause 17.6

The Lessor has full authority to and may from time to time establish and enforce Rules and regulations relating to the management of for the Centre including fixtures, fittings, services and vehicular access and parking providing such rules and regulations are not inconsistent with the Lessee’s rights under the Lease Contract or the Act and are communicated to the Lessee in writing.

 

Clause 18.1(3)

abide by the Rules and regulations of the Centre including those regulations which may be established by the Lessor from time to time throughout the Lease Term in accordance with Clause 17.6.

 

Clause 18.1(6)

keep the Premises free and clear from rodents, pests and other vermin.

 

Clause 18.1(7)

trade between the hours specified in Item (14) except as otherwise permitted by the Lessor.

 

Clause 18.1(9)

make repairs to the Premises in respect to damage caused by the Lessee or resultant upon the lessee’s neglect or negligence.

 

Clause 18.1(10)

maintain the appropriate licenses or permits, if any, relating to the Lessee’s business and comply with statutes, orders and by-laws relating to the Lessee’s use and occupation of the Premises and Building and promptly notify the Lessor on receipt of any notices or orders in relation to or affecting the Premises.

 

Clause 18.1(11)

carry out works on the Premises which under this Lease Contract are the responsibility of the Lessee in accordance with notice given by the Lessor under Clause 17.2 (15).

 

Clause 18.1(12)

do everything necessary to ensure that the Lessee’s employees and agents do not do anything which would contravene the provisions of this Lease Contract or any regulations under it and will ensure the Lessee’s employees or agents comply with obligations under the Lease Contract including Rules and or any regulations.

 

Clause 18.1(13)

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

 

Clause 18.1(14)

keep the Premises secure at all times

 

Clause 18.1(15)

comply with the safety requirements of the Building and ensure occupational, health and safety requirements are complied with.

 

Clause 18.1(16)

replace all glass in the Premises that is broken during the term of this Lease and also replace and repair where necessary, lights and light fittings, locks and security fittings with items of a similar quality.

 

Clause 18.1(17)

use all utility supplies, plumbing and other services only for the purpose for which they were intended.

 

Clause 18.1(18)

maintain utility supplies and services for the supply of which the Lessee has separate contractual responsibilities. (see also Clause 9.2).

 

Clause 18.2

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 19.1(2)

obtaining written approval from the Lessor (and if necessary from the local authorities) which approval may be refused or granted subject to such upon whatever terms and conditions as the Lessor in its absolute discretion thinks fit including payment of costs and outlays incurred by the Lessor.

 

Clause 19.2(2)

obtain and provide a copy to the Lessor of all required permits and approvals necessary to enable the proposed works to be lawfully carried out executed.

 

Clause 21.2

The Lessor must, before taking any action may not take action referred to in Clause 21.1, hereof without having first given the Lessee a and not less than 3 months before the proposed relocation day, serve a relocation notice on the Lessee in accordance with Section 46D and otherwise complying with Sections 46D to 46G inclusive of the Act.

 

Clause 23.2

A Lessor’s termination notice given in accordance with Section 46I must be given at least 6 months before the day on which the Lease terminates.

 

Clause 24.2(c)

do, or neglect to do, anything which may affect the Lessor’s rights under an insurance policy or which may increase an insurance premium payable in connection with the Premises, the Building or the property in them; or

 

Clause 24.2(d)

carry on any illegal activities or activities which could create a nuisance or interfere with the rights of other tenants or occupiers; or

 

Clause 24.2(e)

not to operate audio equipment at a volume that can be heard external to the Premises; or

 

Clause 24.2(f)

carry out an auction on the Premises; or

 

Clause 24.2(g)

use any chemicals, burning fluids, volatile or explosive substances except in the normal course of the Lessee’s business permitted under this Lease Contract; or

 

Clause 24.2(h)

except in the case of emergency, interfere with any fittings, fixtures or services including air conditioning or fire equipment without first obtaining the Lessor’s consent.

 

Clause 25.1

The Lessor will manage and control the Building and Common Areas and from time to time make rules and regulations regarding their use.

 

Clause 25.3

The Lessee must comply with the rules and all reasonable directions given to them by the Lessor relating to conduct in the Common Areas.

 

Clause 25.4

The Lessee must not interfere with or impede other persons using the Common Areas nor will it permit any of its the Lessee’s employees to do so.

 

Clause 26.2

If the Lessee’s business or trading name includes the name of the Centre, the Lessee must deregister the name upon ceasing to occupy the Premises as Lessee and will not subsequently use any business or trade name which includes including the name of the Centre.

 

Clause 28

28.1

Where this Lease Contract provides for Car Parks (Item 19) the Lessor grants to the Lessee, from the date of commencement of the Lease until the date of termination of the Lease, the non exclusive licence for the Lessee to use, during the specified hours and at the risk of the Lessee, the Designated Parking Space/s for parking motor vehicles.

28.2

The parties agree the Lessor may vary the position of the Designated Parking Spaces/s from time to time but may not reduce the number of Designated Parking Space/s unless agreed by the Lessee.

28.3

The provisions of Clause 34 (Indemnity) will apply to this licence and where applicable the provisions of Clause 18 (Lessee’s Responsibilities).

28.4

The rights conferred by the licence rest in contract only and do not confer upon the Lessee any tenancy or any estate or interest whatsoever in or over the Premises or Designated Parking Space/s and the rights of the Lessee shall be those of the Lessee only.  The licence may not be assigned without the Lessor’s consent.

 

Clause 30

30.1

The Lessee may not assign, sublet or otherwise part with possession of the whole or a part of the Lessee’s interest under this Lease Contract, or sublet the Premises, only if unless agreed to in writing by the Lessor.

30.2

The Lessor will not, after having received reasonable notice, unreasonably refuse to grant the Lessee’s requests where the Lessee is not in default and the proposed assignee/sub-lessee produces satisfactory commercial and general references.

30.3

Prior to granting consent the Lessor may require reasonable conditions to be complied with.

30.4

The Lessee will pay the Lessor’s costs in relation to any assignment or subletting.

30.5

The Lessee shall provide:

(1)

references from the proposed assignee; and

(2)

written agreement from the proposed assignee/sub-lessee agreeing to comply with the terms of this Lease Contract

 

Clause 31

31.1

The Lessor and the Lessee agree that Section 45 of the Act does not apply to this Lease Contract.

31.2

The Lessee 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 without first having obtained the Lessor’s consent, which consent, is at the sole discretion of the Lessor and may be granted upon such terms and conditions as the Lessor considers reasonable.

 

Clause 32.1

Throughout the Lease Term at its’ sole cost, the Lessee must obtain and maintain in accordance with Item (15) the following insurances:

(1)

obtain and maintain insurance policies required to cover all stock, furnishings, plant and equipment for the full insurable value against all reasonable risks as required by the Lessor.

(2)

have:

(1)

Property: all stock, furnishings, plant and equipment including fixtures and improvements owned or installed by the Lessee in the Retail Shop insured against fire with standard extension coverage for not less than 90% replacement cost.

(2)

legal/Public Liability: insurance cover for a minimum of 10 million dollars, comprehensive policy in the amount specified in Item (15) or such other amount as reasonably specified by the Lessor.; and

(3)

Plate Glass: insurance against all risks specified by the Lessor. all plate glass including frames forming part of the boundary walls of the Retail Shop for reinstatement

(4)

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

(5)

General: any other form or forms of insurance reasonably required by the Lessor from time to time.

 

Clause 32.2

The Lessee will ensure that all current insurance policies or those required by the Lessee under this Lease Contract:

 

Clause 32.2(3)

are at all times current and cover the agreed risks in accordance with Item (15) and contain conditions acceptable to the Lessor and the Lessor’s insurer.

 

Clause 33

Throughout the Lease Term the Lessor will insure the Building against fire, explosion, earthquake, impact by aircraft, vehicles and animals, lightening, storm, flood and/or tempest, malicious damage together with other risks the Lessor considers appropriate from time to time in broad form cover with repair and replacement terms.

 

Clause 34.1(c)

damage to person or property to the extent caused or contributed to by the Lessee or Lessee’s Employees; or

 

Clause 34.1(d)

any liability the Lessor incurs resulting from anything the Lessor is permitted or required to do under this Lease Contract unless the claim arises from the negligence of the Lessor or its employees or contractors.

 

Clause 34.1(d)

failure by the Lessee or its Agents or employees to comply with its obligations under this Lease Contract; or

 

Clause 34.1(e)

overflow, leakage or escape of water, gas electricity or similar hazard.

except to the extent that such loss, damage or expense has arisen from or been contributed to by any act or neglect on the part of the Lessor, its Agents or employees.

 

Clause 35.1

If a requirement for a Security Bond is provided for in Item (18.1) of the Item Schedule the Lessee must:

 

Clause 35.5

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

 

Clause 35.6

The Lessor may apply the Lessee’s Security Bond towards as 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.

 

Clause 35.7

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

 

Clause 35.8

The Lessor will as soon as practicable after at the end of the Lease Term or any extension of the Lease Term release, subject to any unsatisfied claim under Clause 35.6, the Security Bond to the Lessee.

 

Clause 36.1(c)

the Lessee’s failure to remedy any breach of its covenants or obligations under this Lease Contract within a reasonable time, 7 days, after receiving written notice from the Lessor specifying the particular breach and requiring the Lessee to remedy the breach; or

 

Clause 36.1(e)

the Lessee becomes an externally-administered body corporate within the meaning of the Corporations Act 2001 (CTH) Law; or

 

Clause 36.3

The following covenants are deemed to be essential: to pay Rent (Clause 5); to pay Outgoings (Clause 7); to only use the Premises for the Permitted Use stated in Item (9); to repair (Clause 18.1(9)); to carry on the business (Clause 18.1(13)); not to make alterations (Clause 19); to comply with all laws and requirements (Clause 41); not to Assign or Sublet without the Lessor’s consent (Clause 30); to repair (Clause 18.1(8)); not to make alterations (Clause 19); to insure (Clause 32); to comply with all laws and requirements (Clause 44);

A breach of an essential covenant may be treated by the Lessor as a repudiation of this Lease Contract, in which case, the Lessee will compensate the Lessor for all loss or damage suffered by reason of or resulting from the repudiation, including any loss or damage for the unexpired residue of the Lease Term subject to the Lessor having taken reasonable steps to mitigate its loss.

 

Clause 36.4

The Lessor’s failure to take advantage of any default by the Lessee will not be construed as waiving the default.

 

Clause 37.3

Subject to Clause 37.2 the Lessee must remove the Lessee’s Property and signage from the Premises during the 7 days immediately before the day the Premises must be vacated and must promptly make good any damage caused by that removal (having regard to the Lessor’s requirements under Clause 37.1).

 

Clause 37.6

The Premises must be treated, as necessary, by a licensed pest controller at the Lessee’s expense prior to the Lessee vacating the Premises.

 

Clause 38.1

If an option for a further to extend the Lease Term is given in accordance with Item (16), the Lessor must renew the Lease Contract, provided the Lessee has: in order to exercise the Option the Lessee must:

(1)

given notice (in accordance with Clause 42) to the Lessor of its intention to renew not more than 6 months and not less than 2 months before the then current Lease Term in Item (16.1 (1)) or (16.2(1)) expires.

(2)

have complied with the terms and conditions of this Lease Contract and not breached them in any way

(3)

secured the Guarantor, or another guarantor for the further term to act in accordance with the Guarantor’s provisions (Clauses 51, 52 & 53) of this Lease Contract

 

Clause 38.2 Note

the Option Date is the last date upon which the Lessee may exercise the Option. Should the Lessee exercise the Option prior to that date, the date upon which the Option is exercised is not the Option Date.

 

Clause 38.3

Upon the Lessee complying with Clause 38.1 the Lessor will grant a further Lease of the Premises to the Lessee from the Commencement Date for the Term and at the Rental as provided in Item (16.1) for the first Option Term and Item (16.2) for the second Option Term and otherwise on the same terms and conditions as this Lease Contract excluding, after exercise of the last Option Term, Item (16) of the Item Schedule and Option to Renew Clauses 38, 39 and 40 and otherwise varying the Item (7) Schedule as to the Lease Commencement Date, Expiry Date and Term and Item (8) as to Rental. with respect to Items (7) and (8) of the Item Schedule.

 

Clause 39

If an option to extend the Lease Term is given in accordance with Item (16) and determination of the Rent for the first year of the new Lease Term is to be calculated in accordance with Item (16.1(2)) for the first Option Term and Item and (16.2(2)) for the second Option Term at the Current Market Rent, as per Item (16.2), then unless the Current Market Rent has already been agreed by the parties the Lessee may, in accordance with Section 27A of the Act, by written notice given to the Lessor in the Early Determination Period, in accordance with Section 27A of the Act, ask for the Current Market Rent to be determined.

 

Clause 40.1(2)

until such time as the rent for the first year of the new Lease Term is determined, the Lessee shall pay the rental applicable to the last year of the previous initial Lease Term, increased by 5%. Such Rent will be adjusted retrospectively subject to the determination of the Current Market Rent for the first year of the new Lease Term.

 

Clause 40.2

The Rent for the second and subsequent Rental Years of the renewed Lease Term will be reviewed annually using the Base set out in Item (10) of the Item Schedule.

 

Clause 41

This Clause applies if the Lessee does not have an option to renew.

 

Clause 41.1 Note

the Option Date is the last date upon which the Lessee may exercise the Option.  Should the Lessee exercise the Option prior to that date, the date upon which the Option is exercised is not the Option Date.

 

Clause 41.1(4)

If the Lessor does not comply with Clause 41.1 and the Lessee, prior to the expiration of the Lease, by written notice asks for an extension, the term of the Lease is extended until six months after the Lessor gives notice in accordance with Clause 41.1.  Provided however, the Lessee may terminate the Lease before any extended period ends by giving at least one months notice.

 

Clause 42.1(c)

by posting it to the party, by ordinary mail or security registered mail as a letter addressed to the party at the address as stated in Item (3) or (4); or

 

Clause 42.1(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 and (5) of this Lease Contract); or

 

Clause 43.1

Time shall be of the essence for the Lessee regarding the carrying out execution of either party’s the Lessee’s obligations under this Lease Contract.

 

Clause 45

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

 

Clause 47

Should any court or tribunal of competent jurisdiction determine any term, provision or obligation of this Lease Contract to be void, illegal or unenforceable by law, that term, provision or obligation must be read down to the extent possible or removed from the Lease Contract will be removed from the Lease Contract and whilst keeping will not effect the operation of the remainder of the Lease Contract in effect.

 

Clause 47

The Lessor and the Lessee agree that Section 45 of the Act does not apply to this Lease Contract.

 

Clause 50

Any Special Condition to this Lease Contract shall form part of this Lease Contract.  Should there be any inconsistency between the Terms and Conditions and the Special Condition, the Special Condition shall apply.

 

Clause 51.1

Clause 51 applies if Item (5) of the Item Schedule has been completed by inserting details of the Guarantor.

 

Clause 53.1(c)

the non-execution of this Lease Contract by one or more of the persons named as Guarantor or the unenforceability of this guarantee and indemnity against one or more of the Guarantors; or

 

Clause 53.3

If the Lessor transfers the Land or assigns its rights under this Lease Contract, the Lessor’s rights under this guarantee will be deemed assigned to the new owner or assignee.

 

Clause 53.5

Where there is more than one Guarantor this guarantee binds them jointly and severely.

 

Clause 54

Note:  The parties should be familiar with or seek advice with regard to the Act in general and the following pre-lease requirements.

Section 22

Lessor to provide a draft copy of the Lease Contract (Clause 17.2 (15))

Sections 22

22A – 22E

Relevant disclosure statements to be provided by the Lessor/ Lessee

Section 22D

Financial Advice Report to be given by the Lessee to the Lessor prior to the Lease commencement

Section 23

Certified copy of the Lease Contract to be provided by the Lessor to the Lessee within 30 days of signing.

 

13 Oct 2010 v1.7

Additions / Changes:


Item 22 Notes

The Special Conditions are inserted under instruction from a party to this Agreement and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No legal advice has been given or warranty provided by the Agent.  Legal advice should be sought.


Item 23 Warning

WARNING: By signing this Agreement the parties confirm that no legal advice as to the conditions contained herein was provided by an Agent. The parties have been advised to seek legal advice with respect to this Agreement.


Clause 9.2

It is the Lessee’s responsibility to make payment, by the specified due date, to any Service Provider contracted by the Lessee for services provided to purposed for the Premises independent of the Lessor’s responsibilities.


Clause 18.1(12)

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


Clause 24.3

The Lessee acknowledges the Lessor has given The Lessor gives no warranty regarding the suitability of the Premises for the Permitted Use under this Lease Contract. See Item (9). The Lessee occupies the Premises at the Lessee’s own risk.


Clause 42

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

 

23 Sept 2009 v1.6

Additions / Changes:


Item 12

Applicable: __ Yes  __ No

Promotion Fund: annual fee Year One $ ………………………

(payable monthly in advance on the rent due date)


Item 16

16.3. Rent Reviews: ..................................................................................

Unless otherwise specified, as per Item (10)


Clause 42

By signing this Lease Contract all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Lease Contract and any other related contracts, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).

 

22 Sept 2008 v1.5

Additions / Changes:


Item 22

Special Conditions:

(a)  Were inserted under instruction by a party to this Contract; and/or

(b)  Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (23), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.


Item 23

The parties have been advised to seek legal advice with respect to this Contract, including Special Conditions.

 

01 Apr 2008 v1.4

Additions / Changes:


Header

RETAIL SHOP LEASE CONTRACT

(with Options)

(where the Lease is for a term of 3 years or less)


Item 6

Note: for registration a complying plan must be attached showing the Premises

Note: if required, attach plan showing the Premises

 

Note: Leases in excess of 3 years should be registered with the Department of Natural Resources and Water.

 

15 Nov 2007 v1.3

Additions / Changes:


Item 23

WARNING: By signing this Lease Contract the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent.  The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.