SCHEDULE TO AGREEMENT OF LEASE
The LESSOR hereby lets to the LESSEE who hereby hires the PREMISES as hereinafter more fully described on the
terms and conditions as set out in this Agreement of Lease and in the attached Annexures "A" and "B" together
with any other Annexures which have been initialled by the parties hereto for purposes of identification.
The
LESSEE acknowledges that in the event of it entering into any negotiations with the LESSOR for any other
Agreement of Lease, either at the PROPERTY or any other property of the LESSOR, then none of the terms and
conditions of this Agreement of Lease shall necessarily be incorporated and included in any such other Agreement
of Lease.
A.
PREMISES:
Shop Number .... measuring approximately .....m² (the "PREMISES") as demarcated on the plan annexed
hereto marked Annexure "A" which plan is for identification purposes only. Any variation in the aforesaid
approximate area of the PREMISES, as subsequently certified by the Architect, shall not affect the amount
of the basic rental, monthly operating costs, and marketing costs referred to in Clauses H, I, J, K and L
hereto respectively.
B.
PROPERTY:
Situated on Erf 5643 Bryanston Township in the Province of Gauteng, as extended or reduced or
altered from time to time.
C.
LEASE PERIOD:
Subject to the provisions of clause 3.3 of the Lease terms and conditions attached hereto, this lease
shall commence on the ............... (“Commencement Date”) and will endure for a period of ... years
until the ................ (“Termination Date”) unless otherwise terminated.
D.
BENEFICIAL OCCUPATION PERIOD:
..... days.
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E.
COMMENCEMENT OF TRADING:
Notwithstanding date of signature hereof, the commencement date shall be:
F.
(i)
..............; or
(ii)
the first day following the completion of the fitting out period;
(iii)
the date on which the Lessee is capable of trading from the Premises, whichever is the earlier.
OPTION TO RENEW
The lessee shall have ... options to renew the lease for a period of .... years under terms to be
agreed 6 months prior to the expiry of the lease.
G.
EXPIRY DATE
.............
H.
MONTHLY RENTAL FOR LEASE PERIOD (EXCLUDING VALUE ADDED TAX):
R .... per month for the period ... until ...
R .... per month for the period ... until ...
R .... per month for the period ... until ...
I.
ESTIMATED RATES AND TAXES (EXCLUDING VALUE ADDED TAX):
To be advised
J.
LESSEE’S PRO RATA SHARE
To be advised
K.
MARKETING COSTS (EXCLUDING VALUE ADDED TAX):
...%
L.
TURNOVER RENTAL FOR LEASE PERIOD:
...%
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M.
PARKING RENTAL
To be advised
N.
PERMITTED USE OF THE PREMISES
The business carried on in the Premises shall be limited to:
………………………………………………………………………………………………………………………………………....……………………..
…………………………………………………………………………………………………………………………………………….……………………
……………………………………………………………………, under the name and style of “................”;
O.
MINIMUM BUSINESS HOURS
Monday to Thursday
09H00 to 20H00
Fridays
09H00 to 20H00
Saturdays and Public Holidays
09H00 to 17H00
Sundays
10H00 to 15H00
All of which may be varied from time to time.
P.
DOMICILIUM CITANDI ET EXECUTANDI OF LESSOR:
C/o Flanagan & Gerard
Centre Management Office
Morningside Shopping Centre
Corner of Rivonia and Outspan
Morningside
Sandton
E-Mail Address: info@fgprop.com
DOMICILIUM CITANDI ET EXECUTANDI OF LESSEE:
Physical Address
...........................…..
...........................…..
...........................…..
...........................…..
Facsimile Number: ...............................
E-Mail Address: ...............................
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Q.
RENTAL PAYABLE AT:
Centre Manager's Office
Shop No .................
...............................
...............................
...............................
...............................
or:
Debit Order:
………………………………………….
………………………………………….
………………………………………….
R.
DEPOSIT: (CASH OR BANKERS GUARANTEE)
Not applicable
S.
T.
LEASE ADMINISTRATION COSTS (EXCLUDING VALUE ADDED TAX) AND STAMP DUTY:
Lease Administration
-
R.........excluding VAT
Stamp Duty
-
To be advised
PENALTY RATE IN CASE OF LATE OPENING FOR TRADING:
Should the LESSEE not commence trading on the commencement date as stipulated in Clauses C, D and E
above or thereafter not keep the PREMISES open for business, then the LESSEE shall pay twice the
amount of the monthly rental payable by it in terms of Clause H above calculated on a pro-rata basis for
each day from the commencement date until such date upon which the LESSEE commences trading in the
PREMISES. This penalty rate shall be applied at any time during the LESSEE’S tenancy, where it fails to
keep the premises open in accordance with the trading hours as amended.
U.
SURETYSHIP BY:
………………………………………………………..
V.
DATE OF FINANCIAL YEAR END OF LESSEE:
……………………………………………………….
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W.
DUE DATE FOR ANNUAL AUDITED CERTIFICATE OF TURNOVER:
……………………………………………………….
X
DIRECTORS, SHAREHOLDERS AND MEMBERS OF LESSEE:
....................………………………………….
Y.
INSTALLATION AND FIT OUT OF PREMISES
The LESSEE shall, subject to clause 17 of the lease terms and conditions attached hereto, install and fit
out the PREMISES in accordance with the approved concept design.
upgrading of the PREMISES shall be borne by the LESSEE.
ANNEXURES
The following Annexures form part of this Lease Agreement:
Annexure “A” - Plan of Premises
Annexure “B” – Lessee Criteria Document
Annexure “D” – House Rules
Annexure “E” – Resolution
Annexure “F” – Deed of Suretyship
Annexure “G” – FICA Document
Annexure “H” – Debit Order
All costs of the renovation and
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THUS DONE AND SIGNED BY THE LESSEE AT ........................................... ON THE ............................. DAY OF
......................................... 200…
AS WITNESSES:
1.
.......................................................
For and on behalf of:the LESSEE
2.
........................................................
........................................................
.......................................................
who warrants his authority to execute this Lease on
behalf of the LESSEE
THUS DONE AND SIGNED BY THE LESSOR AT ........................................... ON THE ............................. DAY OF
......................................... 200…
AS WITNESSES:
1.
.......................................................
For and on behalf of:the LESSOR
2.
........................................................
........................................................
...............................
who warrants his authority to execute this Lease on
behalf of the LESSOR