STANDARD COMMERCIAL/INDUSTRIAL PROPERTY LEASE (PART B) Not for retail premises or other premises where the Commercial Tenancy (Retail Shops) Agreement Act 1985 applies Particulars of the Lease
Exhibit 4.2
STANDARD COMMERCIAL/INDUSTRIAL
PROPERTY LEASE (PART B)
PROPERTY LEASE (PART B)
Not for retail premises or other premises where the Commercial Tenancy
(Retail Shops) Agreement ▇▇▇ ▇▇▇▇ applies
(Retail Shops) Agreement ▇▇▇ ▇▇▇▇ applies
Particulars of the Lease
| • | This document incorporates The Real Estate Institute of Western Australia (Inc.) 2006, General Terms and Conditions of the Lease contained in the document attached. |
| • | Before using this document please read the notes at the front of the Real Estate Institute of Western Australia (Inc.) 2006 General Terms and Conditions of the Lease. |
THIS LEASE is made 1st July 2008
for the Premises at ▇▇▇▇ ▇, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
1. Lessor:
| Full Name: | ▇▇▇▇▇▇▇ Nominees as trustee for the Savterne Pty Ltd Superannuations Fund | |||||||
| Address: | ▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇ | |||||||
| Telephone: | Work ▇▇ ▇▇▇▇ ▇▇▇▇ | Home | ||||||
| Facsimile | 08 9403 3022 | |||||||
| ACN/ABN | ▇▇ ▇▇▇ ▇▇▇ ▇▇▇ | Mobile | ||||||
2. Lessee:
| Full Name | ||||||||||
| Address: | ||||||||||
| Telephone: | Work | Home | ||||||||
| Facsimile | ||||||||||
| ACN/ABN | Mobile | |||||||||
| (if a corporation) Name | TELVENT AUSTRALIA PTY LTD | |||||||||
| ACN/ABN | ▇▇ ▇▇▇ ▇▇▇ ▇▇▇ | Mobile | ||||||||
| ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ | ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇ | |||||||||
| Address of Registered Office: | ||||||||||
| Telephone | ▇▇ ▇▇▇▇ ▇▇▇▇ | Mobile | ||||||||
| Facsimile | 08 9244 2379 | ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇ | ||||||||
| Contact Name | ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | |||||||||
3. Guarantor:
| Full Name | NOT APPLICABLE | |||||||||||||
| Address: | ||||||||||||||
| Telephone: | Work | Home | Mob: | |||||||||||
| Facsimile: | Email: | |||||||||||||
| Full Name: | ||||||||||||||
| Address: | ||||||||||||||
| Telephone: | Work | Home | Mob | |||||||||||
| Facsimile: | Email: | |||||||||||||
4. Premises:
* The Land
* That part of the Land and Building situated at and known as ▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (315 SQUARE METRES WAREHOUSE) which is depicted as crosshatched or coloured on the annexed plan (if any).
* Delete the inapplicable
5. Land:
Lot 232 on Diagram/Deposited/Plan/Strata Plan 59550 and being the whole of the land in Certificate of Title
Volume 1572 Folio 724
6. Term:
5 months/years commencing on the Date of Commencement.
7. Date of Commencement:
1 July 2008
8. Further Terms:
| 5 months/years commencing on 1 JULY 2013 5 months/years commencing on.1 JULY 2018 |
Also known as option period which can be extended by the Lessee in accordance with Clause 19(A) of the Standard Commercial/Industrial Property Lease (Part A) |
9. Rent:
From the Date of Commencement until varied the Rent is $31,500.00 per annum, payable by installments of $2,625.00 per month in advance on the first day of each
month. (Rent is exclusive of GST, see clause 30)
10. Rent Review Dates:
During the Term:
| Method C | Review Date 01/07/09 | Method C | Review Date 01/07/12 | |||||
| Method C | Review Date 01/07/10 | Method C | Review Date ANNUALLY FROM 01/07/14 | |||||
| Method C | Review Date 01/07/11 | Method | Review Date | |||||
| During the Further Term: |
||||||||
| Method A | Review Date 01/07/13 | Method | Review Date | |||||
| Method A | Review Date 01/07/18 | Method | Review Date | |||||
| Method | Review Date | Method | Review Date | |||||
Insert A, B, C , D or E for the Method of Rent Review.
11. Method of Rent Review:
Subject to clause 18 the Rent applicable from and including each Rent Review Date specified in item 10 above is calculated by one of the following methods of
rent review:
| A Market Rent Review on that Rent Review Date |
| B CPI Rent on that Rent Review Date | |||
| C The Rent applicable immediately before that Rent Review Date increased by 4% of that Rent. | |||
| D The greater of a Market Rent Review and CPI Rent on that Review Date | |||
| E |
12. Lessor Chattels:
The Lessor’s Chattels included in the Lease are: NOT APPLICABLE
13. Rate of Interest:
15% per annum calculated on a daily basis.
14. Painting an decorating intervals:
Within three (3) months before the end of each Term and Further Term granted or at earlier Termination.
15. Public Risk Insurance:
$20 million unless stated otherwise
16. Nature of Business and Permitted Use:
The Permitted Use of the business is WAREHOUSE
17. Outgoings Payable by the Lessee:
| THE LESSOR AGREES TO PAY (DENOTE WITH X) |
THE LESSEE AGREES TO PAY (DENOTE WITH X) |
|||
(a) Water Drainage and Sewerage Rates
|
x | |||
(b) Local Authority Rates including fire services levy
|
x | |||
(c) Land Tax and MRIT
|
x | |||
(d) Interest Charges on Outstanding Rates and Taxes
|
x | |||
(e) Water Consumed Beyond Allowance
|
x | |||
(f) Fire Services
|
x | |||
(g) Cleaning, Including Window and Rubbish Removal
|
x | |||
(h) Grounds Repairs and Maintenance
|
x | |||
(i) Building Repairs and Maintenance of a Non-Structural
Nature
|
x | |||
(j) Building Insurance
|
x | |||
(k) Plate Glass Insurance
|
x | |||
(l) Public Liability Insurance (to a minimum of $10 million).
|
x | |||
(m) Property Management Fees
|
x | |||
(n) Common Area, Lighting and Power
|
x | |||
(o) Security
|
x | |||
(p) Toilet Requisites
|
x | |||
(q) Hot Water Systems Running and Repairs and Maintenance
|
x | |||
(r) Electricity and Gas and Telephone Services Consumed in
the Leased Premises
|
x | |||
(s) Air-conditioning Running and Repairs and Maintenance
|
x | |||
(t) Escalator & Lift: Running and Repairs and Maintenance
|
x | |||
(u) Strata Company Levy
|
x | |||
(v) Pest Control
|
x | |||
(w)
|
x | |||
(x)
|
x | |||
(y)
|
x |
18. Security Bond: $NOT APPLICABLE
19. Special Clauses:
NOT APPLICABLE
SIGNED BY THE LESSOR OR THE LESSOR’S AGENT
(Individual)
SIGNED BY |
||||
| (FULL NAME) | ||||
| Signature | ||||
| In the presence of: | ||||
| Signature of Witness | ||||
| Full Name of Witness | ||||
| Address of Witness | ||||
| Occupation of Witness | ||||
| (Corporation) | ||||
| ▇▇▇▇▇▇▇ nominees as trustee for the Savterne Pty Ltd Superannuations Fund | ||||
| Full name of Corporation | ||||
| 16 528 527 624 | CAN/ABN | |||
| EXECUTED BY THE LESSOR PURSUANT | ) | |||
| TO ITS CONSTITUTION AND THE CORPORATIONS ACT | ) | |||
| ) | ||||
| ) | ||||
| ) | ||||
| /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ | ||||
| Sole / Director | ||||
| ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ | ||||
| Full Name of Director | ||||
SIGNED BY THE LESSOR OR THE LESSOR’S AGENT
(Individual)
SIGNED BY |
||||
| (FULL NAME) | ||||
| Signature | ||||
| In the presence of: | ||||
| Signature of Witness | ||||
| Full Name of Witness | ||||
| Address of Witness | ||||
| Occupation of Witness | ||||
| (Corporation) | ||||
| ▇▇▇▇▇▇▇ nominees as trustee for the Savterne Pty Ltd Superannuations Fund | ||||
| Full name of Corporation | ||||
| 16 528 527 624 | CAN/ABN | |||
| EXECUTED BY THE LESSOR PURSUANT | ) | |||
| TO ITS CONSTITUTION AND THE CORPORATIONS ACT | ) | |||
| ) | ||||
| ) | ||||
| ) | ||||
| Director / Secretary | ||||
| Full Name of Director / Secretary | ||||
SIGNED BY THE LESSEE
(Individual)
SIGNED BY |
||||
| (FULL NAME) | ||||
| Signature | ||||
| In the presence of: | ||||
| Signature of Witness | ||||
| Full Name of Witness | ||||
| Address of Witness | ||||
| Occupation of Witness | ||||
| (Corporation) | ||||
| TELVENT AUSTRALIA PTY LTD | ||||
| Full name of Corporation | ||||
| 97 009 299 870 | ACN/ABN | |||
| EXECUTED BY THE LESSEE PURSUANT | ) | |||
| TO ITS CONSTITUTION AND THE CORPORATIONS ACT | ) | |||
| ) | ||||
| ) | ||||
| ) | ||||
| /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | ||||
| Director | ||||
| ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | ||||
| Full Name of Director | ||||
SIGNED BY THE LESSEE
(Individual)
SIGNED BY |
||||
| (FULL NAME) | ||||
| Signature | ||||
| In the presence of: | ||||
| Signature of Witness | ||||
| Full Name of Witness | ||||
| Address of Witness | ||||
| Occupation of Witness | ||||
| (Corporation) | ||||
| TELVENT AUSTRALIA PTY LTD | ||||
| Full name of Corporation | ||||
| 97 009 299 870 | ACN/ABN | |||
| EXECUTED BY THE LESSEE PURSUANT | ) | |||
| TO ITS CONSTITUTION AND THE CORPORATIONS ACT | ) | |||
| ) | ||||
| ) | ||||
| ) | ||||
| Director / Secretary | ||||
| Full Name of Director / Secretary | ||||
SIGNED BY THE GUARANTOR
(Individual)
SIGNED BY |
||||
| Signature | ||||
| In the presence of: | ||||
| Signature of Witness | ||||
| Full Name of Witness | ||||
| Address of Witness | ||||
| Occupation of Witness | ||||
| (Corporation) | ||||
| Full name of Corporation | ||||
| ACN/ABN | ||||
| EXECUTED BY THE GUARANTOR PURSUANT | ) | |||
| TO ITS CONSTITUTION AND THE CORPORATIONS ACT | ) | |||
| ) | ||||
| ) | ||||
| ) | ||||
| Sole / Director | ||||
| Full Name of Director | ||||
SIGNED BY THE GUARANTOR
(Individual)
SIGNED BY |
||||
| Signature | ||||
| In the presence of: | ||||
| Signature of Witness | ||||
| Full Name of Witness | ||||
| Address of Witness | ||||
| Occupation of Witness | ||||
| (Corporation) | ||||
| Full name of Corporation | ||||
| ACN/ABN | ||||
| EXECUTED BY THE GUARANTOR PURSUANT | ) | |||
| TO ITS CONSTITUTION AND THE CORPORATIONS ACT | ) | |||
| ) | ||||
| ) | ||||
| ) | ||||
| Sole / Director | ||||
| Full Name of Director | ||||
A true copy of this document has been received by each of the signatories hereto — together with a
copy of the Real Estate institute of Western Australia (Inc.) 2006
General Terms and Conditions of the Lease in the attached document.