DEED OF VARIATION OF LEASE
THIS DEED of Variation of Lease is made this 1st day of July 2002.
BETWEEN: Wedgetail Systems Pty Ltd LTD ACN 088 468 820 a company duly
incorporated in accordance with the Corporations Law and
having its registered office at 0/0 Xxxxxxx Xxxxxxx, Xxxxxxxxx
in the State of Queensland (hereinafter called "the lessor")
of the One Part
AND: Competency Based Learning Pty Ltd LTD ACN 084 763 780 a
company duly incorporated in accordance with the Corporations
Law and having its registered office at c/-62 Signato Drive,
Oxenford in the State of Queensland (hereinafter called "the
lessee") of the Second Part.
WHEREAS:
A. The lessor has, by lease (which lease is attached to this Deed and
marked with the letter "A") ("the lease"), leased to the lessee Units 6.3 and
6.5, 00-00 Xxxxxxx Xxxxx, Xxxxxxxx in the State of Queensland.
B. The parties wish to vary the lease from the effective date and on
terms set out herein.
Now this Deed witnesseth as follows:
1. From the effective date, the parties hereto agree that the reference
schedule to the lease will be as follows:
Item 1: Landlord: Wedgetail Systems Pty Ltd LTD
Address: 0/0 Xxxxxxx Xxxxxxx, Xxxxxxxxx, Xxx 0000
Item 2: Tenant: Competency Based Learning Pty Ltd LTD
Address: X.X. Xxx 0000, Xxxxxxx Xxxx Xxxx, Xxx 0000
Item 3: Premises: Units 6.3 and 6.4 and 6.5, 00-00 Xxxxxxx Xxxxx
Xxxxxxxx, Xxx 0000
Item 4: Term: (2) Three years commencing on 5th January 2001
and ending on 4th January 2004 provided that
in respect of the premises described as Unit
6.4 only, this lease shall govern the
occupancy of that part for the period
commencing on 5 June 2002 and terminating on 4
June 2003, subject to the option to renew this
lease in respect to Unit 6.4 as set out in
Reference Schedule Item no. 5(2).
Item 5: Option for (1) 3 years
further term: (2) The parties agree that in respect of Unit
6.4 only, the lessee is hereby granted an
separate and severable option to renew the
lese for the period commencing 5 June 2003 and
terminating 4 January 2004 and it is further
agreed that in circumstances where the lessee
does not exercise the option in respect of
Unit 6.4, the lessor shall pay to the lessee
at the expiration of the term in respect of
Unit 6.4 and upon the lessee vacating Unit 6.4
the sum of $800.00 by way of contribution to
the lessee's costs associated with the laying
of carpet in the said unit 6.4, provided
further that the carpet installed by the
lessee shall become the property of the
lessor.
Item 6: Rent: $3,208.48 plus GST per month
Item 7: Annual Rent 4/1/2002, 4/1/2003, 4/1/2004 with increases,
Review Dates: 5% annually or CPI whichever is greater.
Item 8: Permitted Use: Office
Item 9: Percentage of $570.00 plus GST per annum plus 1/14th of the
Outgoings: operating expenses of the entire complex
estimated at $1,197.00 per annum (exclusive of
land tax)
Item 10: Deposit: Nil
Item 11: Landlord's Hobart Investments Pty Ltd LTD t/a Xxx Xxxxx
Agent: Southport ACN 009 965 959
Address: X.X. Xxx 0000, Xxxxxxxxx Xxx 0000
2. On and from the effective date, the following special conditions
shall apply in respect of this lease insofar as it relates to the demised
premises described as Xxxx 0.0/00-00 Xxxxxxx Xxxxx, Xxxxxxxx Xxx 0000:
"The lessor shall carry out the following works at the lessor's cost:"
(a) Install one air conditioning system to be maintained by the
lessee during the currency of the lease.
(b) Install petition walls between the existing tenancy of 6.2 and
6.4 and the demised premises described in this lease:
(c) Paint the demised area internally in color "off white";
(d) Install six sets of fluorescent lights internally to the
demised premises;
(e) Install a window in place of roller door to existing demised
premises.
3. In this Deed the term "effective date" shall mean the 5th day of
September 2002.
4. This deed shall, pending the effective date, entitle the lessee to
occupy Unit 6.4 as lessee from the lessor rent free from 5 June 2002 on the
terms and conditions of the lease.
IN WITNESS WHEREOF the parties have executed this agreement the day and
year first above written.
THE COMMON SEAL of Wedgetail Systems
Pty Ltd LTD ACN 088 468 820 was hereunto
affixed this ________ day of _____, 2002 in
accordance with its Articles of Association and ______________________________
in the presence of: Sole [Director]
_________________________
(Signature of secretary)
THE COMMON SEAL of Competency Based
Learning Pty Ltd LTD ACN 084 763 780 was
hereunto affixed this 30 May 2002 in accordance
with its Articles of Association and ______________________________
in the presence of: [Director]
_________________________
Signature of secretary