5 Nimrod Court, Flinders View

ACKNOWLEDGEMENT(S)

• The personal information the prospective tenant provides in this application or that which is collected from other sources is necessary for the Agent to verify the Applicant’s identity and to process and evaluate the application.
• The personal information collected about the Applicant may be disclosed for the purpose for the purpose for which it was collected, to other parties, including the landlord, referees, financial institutions, other agents, third party operators of tenancy reference databases may also be disclosed to the Agent and/or landlord. The Agent may also disclose information to other parties on the internet. The Agent will only disclose information in this way to other parties to achieve the purpose specified above or otherwise allowed under the Privacy Act 1988.
• If the Applicant would like to access his/her personal information held by the Agent, they can do so by contact the Agent at the address and contact numbers contained on this application. The Applicant can also correct this information if it is inaccurate, incomplete or out of date. If the information is not provided, the Agent may not be able to process the application.

Lease Terms and Conditions

Services:

All Services such as water, electricity, internet and any other services consumed at the premises will be the responsibility of the Tenant.

Make Good:

The Tenant must, on expiration or earlier termination of the lease, remove any works or alterations installed by the Tenant unless the Landlord directs otherwise. The Tenant must make good any damage caused in the removal of its property and must return the premises to the condition in which it was handed over to the Tenant, fair wear and tear accepted

Redecoration:

The Tenant must, on expiration or earlier termination of the lease:

1. steam clean any carpet installed in the premises. If the carpet is damaged in any way, the carpet must be replace; and
2. paint the walls, ceilings and other painted interior surfaces of the premises with two coats of first quality paint in the original colours or other colours approved by the Landlord.

The insurance policies must note the Landlord as an interested party.

Cleaning:

The Tenant will be responsible for all cleaning charges for the premises and its proportion of common area cleaning charges (if applicable).

Air conditioning:

The Tenant must maintain any air conditioning unit in the premises and must enter into a service contract for the regular servicing of the air conditioning unit (being at least every 6 months) and must provide the Landlord with a copy of the service contract on request.

Fire safety:

The Tenant must comply with all fire safety laws and regulations applicable to the premises including the implementation and maintenance of any fire prevention systems, processes and all required fire safety equipment

Insurance:

The Tenant will be required to maintain the following insurance policies for the term of the lease (and any extended term):

1. Public Liability for a minimum amount of $20,000,000.00 per occurrence;
2. Plate Glass insurance for the full replacement value of any internal and external glass on the premises;
3. Property insurance for the full replacement value of the Tenant’s property including all stock, fittings and fixtures; and
4. Any special industrial risk insurances applicable to the Tenant’s use

The insurance policies must note the Landlord as an interested party.

Assignment:

The Tenant must not transfer, assign or sublet its rights and obligations under the lease without the Landlord’s prior written consent

Access:

Access and handover of the premises will not be available until all lease formalities have been satisfied. I.e. signed lease documents, (lessee disclosure statement, financial advice report and legal advice report if the lease is a retail lease), payment of the deposit, copies of insurance policies and payment of the security bond have been delivered to the Landlord’s solicitor or as directed.

Fundamental terms and conditions of this offer to lease Acknowledgements

The Tenant acknowledges and agrees that:

1. this offer to lease is subject to final approval by the Landlord;
2. the lease will be on the general terms and conditions of the Landlord’s standard lease, which include but are not limited to, the terms and conditions set out in this offer to lease;
3. this offer to lease is on a non-exclusive basis and the Landlord reserves the right to consider and accept offers from other parties;
4. no legally binding agreement will be formed until a lease on acceptable terms to the Landlord has been executed by all parties; and
5. this offer to lease and the terms contained herein are confidential and may not be released or disclosed without the Landlord’s prior written consent.
6. Costs
   • A. Commercial Lease: the Tenant will be responsible for the Landlord’s legal costs for the preparation and negotiation of the lease, obtaining mortgagee consent, costs of obtaining a survey plan (if required), the costs of registering the lease (if required) and its own legal costs in relation to the lease.
   • B. Retail Shop Lease: Each party will be its own legal costs in relation to the preparation and execution of the lease. The Tenant will be responsible for the costs of obtaining a survey plan (if required) and registration of the lease (if required).
7. The applicant acknowledges that they have been encouraged to seek independent legal advice prior to completing this application form.