South Australia

 

MEMORANDUM OF LEASE

 

We EDWIN LESLIE SOBEY   LORRAINE MAY SOBEY  HUBERT JAMES and DAWN MARGARET SOBEY all of Brenda Park Morgan Graziers as Tenants in Common being registered as the proprietors of an estate in fee simple SUBJECT however to such encumbrances liens and interests as are notified by memoranda underwritten or endorsed hereon in the whole of the land comprised and described in Certificate of Title Register Book

                                                                                                            Subject to Memorandum of

VOLUME         611                                                      44                    Mortgages Nod. 2594034

                        3300                            FOLIO             132                                             2594035

 

DO HEREBY LEASE to HUBERT JAMES SOBEY of Brenda Park Morgan Grazier the Allotment No. 1 in Plan deposited in General Registry Office No. 707 of 1967 TOGETHER with a free and unrestricted Right of Way over the piece marked A B L M N O P R

In the said deposited Plan the said Allotment No. 1 being portion of the land comprised in the above mentioned Certificate of Title TO BE HELD by the said HUBERT JAMES SOBEY for a term of NINE HUNDRED AND NINETY NINE YEARS (999 years) from the 14th day of June

One thousand nine hundred and sixty seven.

 

1. The said Lessee shall pay a rental of TEN CENTS (10c) per annum to the said Lessor (if demanded) on the 30th day of June in each and every year during the term of this Lease but non-payment of the said rental shall not be construed or taken as default in the due performance of this clause.

2. The said Lessee shall pay all rates taxes duties and charges including State (and Federal if imposed) Land Tax as may be imposed or charged on the said land. Should there be no separate assessment for such rates taxes duties and charges as may be imposed or charged on the said land comprised in this Lease then the said Lessee hereby covenants and agrees to pay his or her proportion as agreed to by the said Lessor and Lessee and in the event of a dispute between the said parties hereto the same shall be determined by a single arbitrator in accordance with the Arbitration Act, 1891 and any statutory enactment on this behalf for the time being in force.

3. The said Lessee to keep the land in good order and condition and any buildings erected thereon by the said Lessee or under his instructions shall comply with all the laws by-laws and regulations for the time being in force in the said State and applicable to the said leased land and to the buildings erected thereon and to comply with all orders and directions of the Local District Council and in particular any requirements under the Local Board of Health or other statutory body.

4. The said Lessee to take all reasonable precautions against fire particularly as regards inflammable material or grass and undergrowth on the said leased land.

5. The Lessee not to use the land and any buildings erected thereon for any illegal or immoral purposes or so as to annoy the neighbours.

6. The said Lessee not to do or fail to do anything the doing or omission of which will obstruct or interfere or disturb or trespass upon the rights of any other person or persons in his or their quiet and uninterrupted enjoyment of his or their land and buildings.

7. The said Lessee shall and will at his own cost and expense in all things comply with and duly carry out the requirements of all laws by-laws and regulations for the time being in force in the said State relating to the said leased land and the buildings erected thereon and all licences notices and orders and requirements lawfully given or made by any person or persons or body or bodies corporate in respect to the said land and buildings on the said leased land.

8. This lease may be varied renewed or extended at any time by agreement between the parties hereto.

9. It is expressly agreed and declared that the covenants provisions powers rights privileges and authorities in the Real Property Act 1886-1963 implied in leases for the benefit of Lessor and Lessees respectively shall be deemed to be implied or embodied herein except insofar as the same shall be inconsistent with or expressly or otherwise modified or negatived by the covenants conditions and restrictions hereinbefore and hereinafter expressed and contained.

10. Any dispute between the within described Lessee and any of the Lessees of the land in the said Plan and/or the said Lessor shall be determined by a single arbitrator in accordance with the Arbitration Act, 1891 or any statutory enactment on this behalf for the time being in force.

11. The said Lessee shall have the right to transfer sublet or mortgage the said leased land and the buildings erected thereon but shall not have the right to transfer sublet or mortgage less than the whole of the land comprised in the within Lease.

12. The said Lessee to have the right to erect any building or buildings on the said leased land provided that he obtains the consent of and complies with all the requirements of the Local District Council and the Local Board of Health or any other statutory body or bodies having authority over the same, and said Lessee to have the right to remove or demolish or alter any building erected on the said leased land provided he complies with and obtains the consent of the Local District Council or other statutory body or bodies having authority over the same.

13. The said Lessor shall not be liable for nor be called upon to contribute towards the cost of the erection or maintenance of any fencing that the Lessee may wish to erect on the said boundaries of the said leased land.

14. The said Lessee shall not have the right or authority to destroy or remove any trees growing on the said land but may remove dead limbs or timber provided that the written authority of the Lessor is first had and obtained.

15. Words importing the plural or singular number shall be deemed to include the singular and plural numbers respectively and the male and female gender shall include the female and male genders respectively.

16. That the Lessees shall have a full free and unrestricted right and liberty of entry egress and regress from the time to time and at all times during the said term for them and their servants agents and workmen with or without horses carts carriages or vehicles laden or unladen in through over across and along the said piece of land marked A B L M N O P R

17. As the land comprised in this Lease is subject to inundation during high river levels and the Lessee and the Lessor are aware of that fact, the Lessee will not make any claim for damage to any improvements erected on the said land by the said Lessee and the said Lessor will not accept any responsibility for any such damage caused by any such inundation.

 

AND I the above-named HUBERT JAMES SOBEY do hereby accept this Lease of the above-described land to be held by me as Lessee and subject to the conditions restrictions and covenants above set forth.

 

DATED this 14th day of June One thousand nine hundred and sixty seven.

 

SIGNED by the said                                                         )

EDWIN LESLIE SOBEY                                                  )

LORRAINE MAY SOBEY                                                )

HUBERT JAMES SOBEY                                                )

DAWN MARGARET SOBEY                                           )

The Lessors in the presence of                                        )

                                                                                          )

SIGNED by the said HUBERT JAMES                            )

                                                                                          )

SOBEY the Lessee in the presence                                 )

                                                                                          )

Of                                                                                      )

 

 

 

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