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OCCUPANCY Powered By Docstoc


The Atrium Business Centre Pty Ltd atf The Atrium Business Centre Hybrid Trust
1 floor The Atrium Shopping Centre, 345 Peel Street Tamworth NSW 2340

ABN: 38 196 940 647

Registered name of business and address

10 pages in total without addendums or attachments.

Between Atrium Business Centre (hereinafter called the “Lessee”), being LESSEE of
certain premises situated at the 1st floor The Atrium Shopping Centre, 345 Peel
Street Tamworth, NSW 2340 AND the person/persons and/or incorporation
named in item 1 of the schedule A (hereinafter called the “OCCUPIER”)

                                       SCHEDULE A


1/ Full Name and address of the “OCCUPIER”:

2/ Demised Premises: Office space #    in The Atrium Business Centre 1st floor
The Atrium Shopping Centre, 345 Peel Street Tamworth.

3/ Date Agreement commences:

4/ Term of the agreement: months + months as required, subject to the
provisions outlined in clause (5) and (7) of this agreement. The parties may later
enter into an agreement for a further period if agreed, upon the expiry of this

5/ Amount of each occupancy payment per calendar month (exclusive of and subject
to GST at the applicable rate).

$    Base monthly rent

$    Short term loading @        % (if applicable)

$    Telephone rental (actual calls billed separately)

$    Telephone line rental (actual calls billed separately)

$    ADSL broadband usage (unlimited download per month)

$    Furniture upgrade (if applicable)

$       Other items (if applicable)


6/ Frequency of each payment:

Calendar month – Payable in advance on or by the 1st day of each consecutive
month. Invoices will be issued on average two (2) weeks prior to the end of each

7/ Rent reviews:

All rents will be reviewed on an annual basis at CPI (Sydney) or 4% whichever is the

8/ Security bond:

All Tenants are required to pay an amount equal to the total amount payable for one
(1) months tenancy. This amount is due and payable prior to occupation and is held
until such time as the occupancy agreement has expired. The bond will be released
back to the Occupier (in full) upon the successful completion of the occupancy
agreement and assuming all rental and other agreed payments are up to date and
no malicious/negligent damage has been done to the tenancy or it’s associated fit

9/ Fit out:

STANDARD                                       PREMIUM (upgrade)
QtyExecutive desk                              QtyExecutive desk

QtyDesk return                                 QtyDesk return

                                               QtyCredenza and cupboards

QtyManager’s chair                             QtyDirector’s chair

QtyGuest chairs                                QtyGuest chairs

QtyTwo drawer filing cabinet                   QtyTwo drawer filing cabinet

QtyRubbish bin                                 QtyRubbish bin

Qty Other furniture item                       Qty Other furniture item

10/ Inclusions and outgoings:

Inclusions are those items that are considered to be inclusive within your monthly
rent amount. Outgoings are those items that are charged on a “pay as you use”
bases and are billed in arrears on an itemised invoice. All outgoing invoices are
raised (and issued) immediately following the end of the month and are due and
payable within five (5) working days there in after.

INCLUDED                                        CONSUMABLES

   Private executive office (lockable)            Range of secretarial services
   Electrical consumption                         Additional furniture
   Lighting                                       Phone handsets
   Air conditioning                               1300 and 1800 numbers
   Cleaning (once per week)                       ADSL 2
   Mail collection/drop off (daily)               Postage
   Reception (business hours)                     Courier service
   In call answering (business hours)             Photo copying/scanning/printing
   Client greeting (business hours)               Faxing
   Message service                                Board room usage
   Fax receipt                                    Function catering
   Kitchen facilities                             Book keeping
   Non public w/c facilities (cleaned daily)      Registered office
   Tenant directory listing                       Business services
   24/7 secure access                             Print brokerage
   Web site link                                  Debtor ledger control
                                                   Pick up and delivery service
                                                   Binding
                                                   Graphic art and design
                                                   Web design and hosting

11/ Agreed usage: Purpose of business


1. In consideration of the timely payment by the OCCUPIER of the charges and
   the LESSEE’s covenants here after reserved and contained, the LESSEE
   here by demises to the OCCUPIER all that part of the building described in
   Item 2 in the schedule A (hereinafter called the demised premises) to hold the
   same from the date started in item 5 to be paid in advance by equal payments
   as stated in item 6, the first of such payments to begin on the date as stated in
   item 3 and thereinafter to be paid on the same day of each and every period
   mentioned in item 5 free of any and all deduction.

2. The OCCUPIER for himself and his assigns hereby covenants with the
   LESSEE as follows.

   a. To pay charges: To pay the said charges on the day/s in the manner as
      the LESSEE may specify from time to time. If payments are not made on
      time , the OCCUPIER agrees to pay all fees and charges arising from any
      reasonable action that is undertaken by the LESSEE to recover the
      outstanding charges.

   b. To keep in good repair: To keep in good and tenantable repair the total
      demised premise and the bolts, latches, fasteners and locks and make
      good any damage to the said demised premises caused by the
      OCCUPIER, whether by malicious, negligent or any other reasons, upon
      notice from the LESSEE so to do.

   c. Security bond: See item 8.

   d. To permit entry: To permit entry to the LESSEE with or with out workmen
      upon reasonable notice, and at reasonable times at any time during the
      said term to enter upon the demised premises for the purpose of
      inspection, to examine the state and condition thereof and to carry out and
      repairs, alterations or additions and in the case of fire for the extinguishing
      of such fire and the salvage of property upon reasonable notice being
      given to the LESSEE in that respect.

   e. Not to render insurance void: Not to do or permit anything to be done
      where by the policies of the insurance of the demised premises or on the
      building on which the demised premises are situated, against damage,
      become void or voidable or the rate or premium thereon increased.

f. Not to alter the demised premises: Not without the express written
   consent make structural or any other alterations to the demised premises.

g. Not to under-let: Not without the express written consent of the LESSEE
   to under-let, assign or part with possession of or encumber the demised
   premises or part thereof.

h. Use the demised premises: To use the demised premises only for the
   purpose as agreed in item 11 and/or as approved by the LESSEE from
   time to time. No naked flame may be used for any purpose upon the
   demised premises in the building or on the land in which they are housed.
   The demised premises, the building, the shopping centre, the w/c facilities
   are all smoke free zones. The OCCUPIER shall not carry on or permit to
   be carried on upon the demised premises any trade, process or other
   operation of any kind that is considered by the LESSEE to be noisy,
   dangerous, obnoxious or other type, such as to be solely judged by the
   LESSEE. Any presumed illegal operations will be immediately directed to
   the relevant police department.

i. To deliver up and repair: To peaceably and quietly deliver up to the
   LESSEE the demised premises and all associated fixtures and fittings
   thereto (except the OCCUPIER’s fixtures) in good and tenantable repair
   according to the covenants herein contained at the determination of this

j. Not to advise or direct other Tenants: The OCCUPIER agrees that
   he/she will not actively or passively offer up advice or direction to other
   Tenants that would potentially influence them in making a decision to
   vacate the premises or would otherwise negatively affect the Atrium
   Business Centre. This covenant will apply regardless of whether or not a
   specific written agreement exists between the OCCUPIER and the


3. The LESSEE hereby covenants with the OCUPPIER as follows:

   a. Quiet enjoyment: If the OCCUPPIER shall pay the agreed rent hereby
      reserved and perform his/her covenants and stipulation/s herein contained
      he/she shall peaceably hold and enjoy the demised premises during the
      said term without any interruption by the LESSEE or any other person
      rightfully claiming under him.

   b. The LESSEE shall not be liable or held liable for any accident, damage,
      injury or loss to any personal property stored by the OCCUPIER and for
      the period of the agreement such personal property shall be at the sole
      risk of the OCCUPIER absolutely, unless such loss is caused directly by
      the negligence or default of the LESSEE.

   c. Save and except for accident and damage (as specified in this
      sub clause), caused by the negligence or default of the LESSEE, the
      LESSEE disclaims responsibility for all/any personal injury or property
      damage. The LESSEE shall not be liable for any accident or damage
      whilst at the Atrium Business Centre or in the demised premises or in the
      course of removing or depositing any personal property upon the demised
      premises nor shall the LESSEE be responsible for any damage or
      deterioration in the personal property for any reason what so ever during
      or after the determination of the AGREEMENT and all personal property
      shall be stored entirely at the risk of the OCCUPIER.

   d. Notice: Any notice under this agreement if addressed to him at the
      address in this said agreement in the state of NSW and any such notice by
      Australia post shall be deemed to be given within twenty four (24) hours of
      the time of posting.

   e. Holding over: If the OCCUPIER shall with the written consent of the
      LESSEE remain in occupation of the demised premises after the
      expiration of the agreed term hereby granted then and in such case only
      the OCCUPIER shall be tenanted from month to month from the LESSEE
      of the demised premises on the terms and conditions of this agreement
      provided that such tenancy may be determined by one (1) months notice
      given by either party in writing expiring on any day.

f. Removal of property: Under no circumstances will the OCCUPIER
   remove or have removed any property belonging to the LESSEE or the
   Atrium Business Centre from the demised property.

   The OCCUPIER shall, upon determination of the agreement, forthwith
   remove from the demised premises all personal property, fixtures and/or
   fittings (the property of the OCCUPIER) and forthwith shall make good any
   damage whatsoever caused to the demised premises by such removal.

g. LESSEE to pay head lease: The Lessee shall comply with its obligations
   under the head lease, including the obligation to pay the rent reserved and
   outgoings under the head lease.

h. LESSEE to otherwise observe head lease: The LESSEE shall observe
   and perform the obligations of the LESSEE as tenant under the head
   lease to the extent that such obligations are not assumed by the

i. Limitation on landlords obligation: The OCCUPIER acknowledges that
   the LESSEE’s ability to observe and perform its obligations under this
   agreement is limited by the provisions of the head lease. The LESSEE’s
   obligation to observe and perform its obligations under this agreement is
   subject to such limitations.

j. Enforce head lease obligations: The LESSEE shall use its best and
   reasonable endeavours to enforce the covenants and obligations of the
   head lessor under the head lease, if requested by the OCCUPIER, to the
   extent that they may affect the OCCUPIER’s use and occupation of the
   demised premises, but without being obliged to institute litigation against
   the head Lessor.

k. Furnish copies of notices: The LESSEE shall forward to the OCCUPIER
   within seven (7) days after receipt of notices or correspondence from the
   head lessor or from any local government or statutory authority relating to
   breaches of the head lease or requiring work to be done or relating to use
   or occupation of the leased premises. Copies of such notices or

l. Not to permit determination of lease: The LESSEE covenants not to
   permit this agreement and the OCCUPIER’s estate to be terminated due
   to the termination of the head lease as a result of the LESSEE’s breach or
   default or repudiation under the head lease.

   m. Fitout: The LESSEE agrees on or before the commencement of the
      agreement to provide adequate power outlets for use by the OCCUPIER.
      Phone and ADSL2 connect points have been installed and upon payment
      of the scheduled fee’s access will be granted forthwith and not withheld
      throughout the duration of this agreement assuming all relevant payments
      have been made in a timely manner.

4. This agreement is otherwise subject to the relevant clauses, terms and
   conditions of the head lease or other such agreements between the land lord
   and The Atrium Business Centre Pty Ltd. A copy of said lease is available for
   perusal on request from the Atrium Business Centre office.

5. Either party may terminate this agreement immediately by notice in writing if
   either party;

          (a) Repudiates its obligations under the lease; or

          (b) does not comply with an essential term of this lease;

   And in the case of paragraph (b) fails to remedy the breach of contract within
   five (5) working days of receipt of written notification of the breach requiring

6. Other conditions: If the LESSEE is required to pay additional rent because of
   CPI or similar adjustments, an appropriate adjustment may be made with the
   OCCUPIER, the LESSEE acknowledges the right of the OCCUPIER to be
   informed of such additional adjustments, in writing, prior to their being added
   to the rental account.

The OCCUPIER hereby accepts this agreement for the above-described
premises subject to the conditions and restrictions and covenants contained and
set forth above. In this agreement all mention made of persons in the male
gender shall automatically include those of the female gender.


1: Signed ........................................................................

For and on the behalf of the tenant

As OCCUPIER this ....................day of .................... 20.........

2: Signed ........................................................................

For and on the behalf of

As GUARANTOR this ....................day of .................... 20.........

3: Signed ........................................................................

As WITNESS this ....................day of .................... 20.........

Signed ........................................................................

For and on the behalf of

The Atrium Business Centre Pty Ltd atf The Atrium Business Centre Hybrid Trust

As LESSEE this ....................day of .................... 20.........


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