m8_lease

This Indenture dated in accordance with
the Land Act 1958 the ……. day of …… One thousand nine hundred
and  ……. and made between His Excellency the Governor of the State
of Victoria and its dependencies in the Commonwealth of Australia by and with
the advice of the Executive Council of the said State (hereinafter called
"the Governor in Council") in the name and on behalf of HER MAJESTY QUEEN ELIZABETH
II of
the one part and BEAUMARIS MOTOR YACHT SQUADRON CO-OPERATIVE LIMITED of Foreshore opposite
Cromer Road Beaumaris (hereinafter called "the lessee")  of
the other part WHEREAS the right to this lease was offered for sale by
auction notice of which was duly given and the lessee having offered the
highest rent thereat is entitled to this lease AND WHEREAS notice of the
application for this lease and of the purpose and term for which it is
granted has been published in four consecutive ordinary numbers of the Government
Gazette at least one month before the date thereof AND WHEREAS in
granting this lease under the powers contained in Division 9 of Part 1. of
the Land Act 1958 the Governor in Council has thought fit that it
shall be subject to the covenants and conditions and to the payment of the
rent hereinafter contained and reserved NOW THIS INDENTURE WITNESSETH as
follows:- 

1. In consideration of the rent hereinafter reserved and of the covenants
conditions and provisions hereinafter contained and on the part of the lessee
to be performed and observed the Governor in Council DOTH HEREBY GRANT AND
DEMISE unto the lessee the surface and down to a depth of fifteen metres
below the surface of All that piece of land being Allotment forty-nine G in
the Parish of Moorabbin County of Bourke shown with the measurements and
abuttals thereof in the map drawn in the margin of these presents and therein
coloured yellow and red, EXCEPTING AND RESERVING unto Her Said Majesty
– 
(a)     all gold silver and minerals as defined in the
Mines Act 1958 in upon or under and within the boundaries of the said
land; 
(b)     free liberty and authority for her and her
servants agents lessees licensees and assigns at all times hereafter to enter
upon the said land and to search and mine for therein and to extract and
remove therefrom gold silver and minerals as aforesaid and for the purposes
aforesaid to sink shafts make drives erect machinery and carry on works and
do any other things which may be necessary or usual in mining and for getting
the said gold silver and minerals and the working of all mines seams lodes
and deposits containing gold silver and minerals in upon and under the said
land; 
(c)     (i) all uranium and thorium within the meaning of
the Mines Act 1958 and petroleum within the meaning of the Petroleum Act 1958
(hereinafter called "the reserved minerals"); 
          (ii) rights of access
for the purpose of searching for and obtaining the reserved minerals in any
part of the said land 
          (iii) rights for
access and for pipe-lines works or other purposes necessary for obtaining and
conveying on and from the said land any of the reserved minerals which is
obtained in any part of the said land. 
(d)      the ownership of any fossil or fossils and
any fossil beds which may at present exist or be discovered subsequently in,
on or under the said land; 
(e)      the right for Her Majesty or her duly
authorised representatives servants or agents to enter into and on to the
said land for the purpose of removing any fossil or fossils which may be
found in on or under the said land or any other Crown land adjacent thereto. 

TO HAVE AND TO HOLD the demised premises unto the lessee from the date
hereof for the term of twenty-one years To the intent that the demised
premises shall be used as a site for amusement and recreation (yacht club and
ancillary services) and unless with the prior consent of the Minister for
Lands (hereinafter called "the Minister") for no other purpose
whatsoever YIELDING AND PAYING therefor – 
(a) during the first five ten years of the said term the yearly rent
of Five hundred dollars by equal quarterly payments in advance
on the ……day of ……………..the day of ……………. in
each year the first payment being due on the date hereof; and 
(b) during the residue of the said term the yearly re-appraised rents fixed
by the responsible Minister of the Crown for the time being administering the
Land Acts pursuant to sub-section (4) of section 134 of the Land Act 1958 by equal
quarterly payments in advance on the days aforesaid in each
year. 

2. The lessee to the intent that the obligations may continue throughout
the said term HEREBY COVENANTS with Her said Majesty that the lessee will
– 
(a) pay the rent hereby reserved upon the days hereinbefore appointed for the
payment thereof free from all deductions whatsoever; 
(b) pay all taxes rates duties charges assessments impositions and outgoings
and bear and discharge all obligations whether under statute or otherwise now
or hereafter imposed upon or in respect of the demised premises or upon
either the owner or occupier or partly upon each in respect of the demised
premises or any part thereof or the rent hereby reserved; 
(c) use the demised premises as a site for amusement and recreation (yacht
club and ancillary services) and (unless with the prior consent of the
Minister) for no other purpose whatsoever; 
(d) erect and construct on the said land buliding and erections and any
extensions renewals and improvements of the buildings and erections for the
time being situate on the said land only of such materials and according to
such plans specifications and designs as shall be first approved by the
Minister under his hand or in writing by his agent duly authorized in that behalf; 

(e) as often as is necessary and to the satisfaction of the Minister without
being thereunto required repair maintain and keep in good order and
substantial repair and condition all buildings erections extensions and
improvements for the time being on the said land; 
(f) subject to any notice adopt such sanitary measures as the Minister may
from time to time approve or require and carry out all requirements of the
local sewerage authority; 
(g) permit Her said Majesty by her servants or agents or the servants and
officers of the Minister at all reasonable times to enter upon and examine
the state and condition of the demised premises and will repair and make good
all defects specified by written notice given to the lessee by Her said
Majesty or by the Minister within one calendar month after service of the
notice and if the lessee shall fail to so repair and make good those defects
it shall from time to time be lawful for the Minister (but without prejudice
in any way to the right of re-entry hereinafter contained) by his officers
agents servants and workmen to enter upon the demised premises and do all
works necessary for making good the said defects at the expense of the lessee
and the cost thereof (in case the same shall not be repaid by the lessee
within one calendar month after a notice in writing in that behalf shall have
been given to the lessee by the Minister) shall be a debt due by the lessee
to Her said Majesty and recoverable as rent due and payable under these
presents; 
(h) not create or permit any nuisance on the demised premises or do or suffer
to be done any act matter or thing which shall be or may grow to the
annoyance or disturbance of the owners or occupiers of adjoining lands or
premises; 
(i) not permit to be displayed or placed on or in the demised premises or on
any fence thereon or bounding any part thereof in such a manner as to be seen
or heard outside the demised premises any medium or contrivance intended to
draw public attention to any trade calling business wares or merchandise
whatsoever or any other sign poster or advertisement visible or vocal
PROVIDED however the the Minister may permit the lessee to place or exhibit
in such form and position as he may approve any sign poster or advertisement
which refers solely to the purpose for which this lease has been granted by
notwithstanding that permission as aforesaid may have been granted the
Minister may at any subsequent time by notice in writing require the lessee
to discontinue to use any place for or mode of advertising which in his
opinion has ceased to be suitable or has become unsightly or objectionable
and the lessee shall forthwith on receipt of such notice comply
therewith; 
(j) not assign sublet set over mortgage charge or otherwise part with or
encumber this lease or the demised premises or any part thereof without the
prior consent of the Minister under his hand and the provisions of Section
144 of the Property Law Act 1958 are hereby negatived and
excluded; 
(k) at the expiration or sooner determination of the said term yield up the
demised premises in good order and condition; and 
(l) observe perform and fulfil the covenants conditions and provisions
contained in the schedule hereto; 
(m) sell petroleum and petroleum based products only to persons who are members
of the Beaumaris Motor Yacht Squadron Co-operative Limited; 
(n) indemnify and keep indemnified Her said Majesty the Minister the Port
Officer in Victoria and their successors and Her and their officers servants
agents contractors and workmen against any liablity in respect of actions
proceedings claims or demands for personal injury to or death of any person
or for any damage whatsoever to any property arising out of the use of the
demised premises; 
(o) insure and keep insured to an amount of Two hundred thousand dollars and
with an insurer approved by the Minister against all liability of the lessee
to Her Majesty the Minister and the Port Officer in Victoria under the
indemnity aforesaid and if required produce to the Minister evidence to his satisfaction
that the insurance has been taken out and kept in full force and effect; 
(p) take the said land nothwithstanding the impediment that legal road access
thereto has not been provided or implied by this lease and the lessee agrees
to indemnify Her said Majesty against the expenses of acquiring or providing
an easement of way to the said land or any part thereof; 
(q) allow members of the general public on foot the full and free right
and liberty at all times hereafter to go pass and repass without hindrance
through over and along all or any part of the land
coloured red;and 
(r) not make cause or permit to be made any excavations in on or under the
said land without the prior consent in writing of the Minister or his duly
authorized representative upon such conditions as the Minister may
stipulate. 

3. PROVIDED ALWAYS and it is hereby agreed as follows: – 
(a) that these presents are upon this express condition that in any of the
events following – 
        (i) if the lessee shall at any
time fail to use the demised premises bona fide for the purposes aforesaid or
shall use the same for any purpose not hereinbefore mentioned; 
        (ii) if any part of the rent
hereby reserved shall be in arrear for two weeks whether formally demanded or
not; 
        (iii) if interest as provided by
section 228 of the Land Act 1958 has become due on any rent in arrear
and is not paid at the time prescribed for payment thereof; 
        (iv) if there shall be a breach or
non-observance by the lessee of any of the covenants conditions or provisions
of this lease; 
        (v) if the lessee being a
corporation any proceedings to be taken to wind up the affairs of the lessee
(other than by way of reconstruction); it shall be lawful for the Governor in
Council to declare this lease void and forfeited and thereupon Her said
Majesty by her authorized agents or officers may enter into and upon the
demised premises and repossess and enjoy the same as fully and effectually as
if these presents had not been made and executed and for the purpose of so
doing it shall be lawful for Her said Majesty by her authorized agents or
officers without any demand whatsoever to enter upon the demised premises and
for ever to expel and remove therefrom the lessee and all persons claiming
from through or under the lessee without any legal process whatsoever and as
effectually as any sheriff might do in case Her said Majesty had obtained
judgment for recovery of possession thereof and a writ of possession or other
process had issued on the judgment directed to the sheriff in due form of law
and in case of entry as aforesaid and any proceedings being taken in respect
thereof by any person whomsoever the defendants to the proceedings may plead
leave and licence in bar thereof and these presents shall be conclusive
evidence that all conditions necessary to entitle the Governor in Council to
declare this lease void and forfeited were fulfilled and that this lease had
been declared void and forfeited as hereinbefore provided and of the leave
and licence of the lessee and all persons claiming from through or under the
lessee to Her said Majesty and her authorized agents or officers for the
entry or trespass or other matter complained of in the said proceedings;