Commercial & Retail Lease Preparation Form

FOR PREPARATION OF: *HEADS OF AGREEMENTLEASE

CLIENT DETAILS (LANDLORD)

LANDLORD FULL NAME(S) (IF INDIVIDUAL) OR COMPANY NAME: *

IS THE NAMED LANDORD ACTING AS TRUSTEE OF A TRUST?NOYES, THE NAME OF THE TRUST IS:

LANDLORD ACN (IF A COMPANY):0 / 1000

Name of Trust0 / 1000

LANDLORD ABN:

LANDLORD ADDRESS:

LANDLORD EMAIL ADDRESS: *

LANDLORD PHONE: *

LEASING MANAGER DETAILS

LEASING MANAGER COMPANY AND CONTACT NAME

LEASING MANAGER ADDRESS:

LEASING MANAGER EMAIL:

LEASING MANAGER PHONE:

TENANT DETAILS

TENANT FULL NAME(S) (IF INDIVIDUAL) OR COMPANY NAME: *

TENANT ACN (IF A COMPANY):

TENANT ABN:

TENANT ADDRESS:

TENANT EMAIL ADDRESS:

TENANT PHONE:

PREMISES DETAILS

ADDRESS OF PREMISES FOR LEASE: *

AREA OF PREMISES AVAILABLE INCLUDING ANY CAR PARKS:Please specify the lettable area of the premises (in square metres), including any exclusive-use car parks or storage areas. If the premises forms part of a larger building, please indicate whether it’s a whole tenancy or part of a floor, and note any car parks (e.g. “125 m² plus 2 allocated car parks”). If unsure, we can verify this against the agent’s plans or rent schedule.

NET RENTAL:PLUS GSTPLUS OUTGOINGSINCLUDING OUTGOINGSOTHER:

NET RENTAL PER ANNUM $ (EXCLUDING GST)

AUD

Net Rental Details:

RENT REVIEWS:Please specify how and when rent is to increase: Frequency (e.g. annually), Method (e.g. fixed %, CPI, or market review), % increase (e.g. 3% per year) and if a market review applies at renewal/start of further term. NOTE most leases increase rent annually by a fixed % (e.g. 3%) or CPI, or whichever is higher. A market rent review is often used at the start of a further term if an option is exercised. If unsure, just note your preference and we’ll provide further advice.

INCENTIVE (IF APPLICABLE):If applicable, please specify the type of incentive (e.g. rent-free period, fit-out contribution, or rent reduction), the duration or value, and when it applies (e.g. first month, first year, or on signing). Incentives are often offered to attract tenants and may include a rent-free period at the start of the lease or a landlord contribution toward fit-out. If unsure, just note your thoughts and we will provide further advice.

PLEASE LIST ALL OUTGOINGS PAYABLE BY THE TENANT ANNUALLY (PLEASE ALSO INCLUDE ESTIMATE OF TOTAL $ AMOUNT PAYABLE BY TENANT FOR OUTGOINGS)Please list all outgoings the tenant is to pay (e.g. council rates, water rates, building insurance, owners corporation fees, maintenance, etc.), and provide an estimate of the annual amount payable for each. This helps ensure the lease clearly sets out the tenant’s financial responsibilities. If you're unsure or still confirming figures, just provide what you can and we will provide further advice.

INITIAL TERM OF LEASE:Please specify the initial term of the lease (e.g. 2 years, 3 years, 5 years, etc.). The term is the fixed period the lease will run before any renewal options apply. If you're unsure what term to offer, just provide your preference and we will provide further advice.

LEASE OPTIONS:Please specify whether you wish to offer any options to renew the lease (e.g. 1 further term of 3 years, or 2 further terms of 2 years each). These allow the tenant to extend the lease beyond the initial term. If you're unsure, just include your general preference and we will provide further advice.

LEASE COMMENCEMENT DATE:

SIGNAGE:Please specify if you and the tenant have already discussed or agreed on any signage, and if so, what has been agreed (e.g. type and location of signage such as shopfront, pylon sign, or windows). The lease will state that signage is permitted subject to the landlord’s approval and, if applicable, compliance with any owners corporation rules, council regulations, and planning requirements. If you're unsure, just note what has been discussed (if anything) and we will provide further advice.

PERMITTED USE:Please describe the intended use of the premises by the tenant (e.g. café, retail clothing store, office). This will be listed in the lease and must be accurate, as it defines what the tenant can and cannot do in the premises. If you're unsure of wording, just describe the business and we will provide further advice.

TENANCY WORKS:THE TENANT IS RESPONSIBLE FOR FIT OUT WORKS OR ANY ADDITIONAL WORKS IN ACCORDANCE WITH THE TERMS OF THE LEASE AND MUST OBTAIN THE LANDLORD'S APPROVAL AND ALL NECESSARY COUNCIL BUILDING PERMITS AND ASSOCIATED APPROVALSOTHER:

TENANCY WORKSPlease specify if any tenancy works have been agreed (e.g. fit-out, partitioning, installation of equipment). The tenant is responsible for any additional works in accordance with the lease and must obtain the landlord’s prior written approval, along with all necessary building permits and any required council or other authority approvals. If nothing has been discussed yet, just note “To be confirmed” and we will provide further advice.

MAKE GOOD REQUIREMENTS AT END OF LEASE:THE TENANT IS RESPONSIBLE, AT THE TENANT’S COST, FOR RESTORING THE PREMISES TO THE CONDITION THEY WERE IN AT THE START OF THE LEASE (FAIR WEAR AND TEAR EXCEPTED). THIS INCLUDES REMOVAL OF ALL TENANT INSTALLATIONS AND PROPERTY, REINSTATEMENT OF ANY ALTERATIONS, REPAINTING TO A STANDARD AND COLOUR APPROVED BY THE LANDLORD, REPLACEMENT OF ANY DAMAGED OR MISSING LIGHT FITTINGS OR GLOBES, AND ENSURING THE PREMISES ARE CLEAN, TIDY, AND FREE OF RUBBISH. IF THE PREMISES WERE PROVIDED WITH A BASE BUILDING FIT-OUT, THE TENANT MUST RETURN THE PREMISES TO THAT BASE CONDITION UNLESS OTHERWISE AGREED IN WRITING.OTHER:

MAKE GOOD REQUIREMENTS

OTHER - Please specify

LEGAL COSTS:THE LANDLORD WILL PAY THEIR OWN LEGAL COSTS (REQUIRED IF THE LEASE IS A RETAIL LEASE UNDER THE RETAIL LEASES ACT 2003 (VIC))THE TENANT WILL PAY THE LANDLORD’S REASONABLE LEGAL COSTS (ONLY PERMITTED IF THE LEASE IS NOT A RETAIL LEASE AND AGREED BY THE TENANT)OTHER:Under the Retail Leases Act 2003 (Vic), the landlord is not permitted to pass on legal costs for preparation or execution of a retail lease. If this is a retail lease, the landlord must bear their own legal costs. However, if the premises are not open to the public under the permitted use and the lease is not a retail lease, legal costs may be recovered from the tenant by agreement.

LEGAL COSTS

INSURANCE:THE TENANT MUST TAKE OUT PUBLIC LIABILITY INSURANCE IN THE AMOUNT OF $20 MILLION (STANDARD INSURANCE REQUIRED FOR TENANTS)OTHER:

INSURANCEThe tenant must take out public liability insurance for at least $20 million per event, noting the landlord’s interest. This must be maintained with a landlord-approved insurer and include any indemnities given by the tenant under the lease. The tenant must provide a certificate of currency upon request. The landlord is responsible for insuring the building (not the tenant’s contents or fit-out) for its replacement value, including damage, debris removal, equipment breakdown, and glass. These insurance costs are usually passed on to the tenant as part of outgoings.

SECURITY DEPOSIT INCLUSIVE OF GST: $Please specify the amount of the security deposit to be paid by the tenant and also specify how the deposit must be paid (e.g. by cash or bank guarantee). NOTE: A bank guarantee is usually preferred because it doesn’t require PPSR registration like a cash deposit does. If a cash deposit is used, the landlord may need to register their interest on the PPSR to protect it in case the tenant becomes insolvent. A bank guarantee avoids that risk and provides better security.

RENTAL DEPOSIT:AN AMOUNT EQUAL TO THE FIRST MONTH’S RENT (INCLUDING GST) IS PAYABLE ONCE THE LANDLORD APPROVES THE TENANT’S LEASE APPLICATION OR SIGNS A HEADS OF AGREEMENT (WHICHEVER OCCURS FIRST). IF THE LEASE PROCEEDS, THIS AMOUNT WILL BE APPLIED TO THE FIRST MONTH’S RENT. IF THE TENANT DOES NOT PROCEED TO SIGN THE LEASE AFTER THE LANDLORD HAS INCURRED LEGAL COSTS FOR PREPARATION OF THE LEASE, THE LANDLORD MAY DEDUCT THOSE REASONABLE LEGAL COSTS FROM THE AMOUNT PAID AND REFUND THE BALANCE TO THE TENANTOTHER:

RENTAL DEPOSITPlease confirm the rental deposit amount and terms. This is usually an amount equivalent to the first month’s rent (including GST), paid by the tenant upon signing the Heads of Agreement. If the lease proceeds, the amount is applied to the first month’s rent. If the lease does not proceed, the deposit is typically refunded to the tenant, less any reasonable expenses incurred by the landlord (e.g. legal fees, loss of rent, or other direct costs). If a different arrangement applies, please specify under “Other.”

OTHER LEASE CONDITIONS:Please list any specific terms, conditions, or agreements that you have discussed or agreed with the tenant, or anything else you would like included in the lease or brought to our attention.

PLEASE UPLOAD ANY HEADS OF AGREEMENT, PLAN OF PREMISES, TITLE SEARCH, ASIC COMPANY SEARCHES OR OTHER RELEVANT DOCUMENTATION AS AVAILABLE

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To provide instructions on preparation of a lease or heads of agreement, please complete the questionnaire below:

LEASE / HEADS OF AGREEMENT PREPARATION QUESTIONNAIRE

CLIENT DETAILS (LANDLORD)

LEASING MANAGER DETAILS

TENANT DETAILS

PREMISES DETAILS