ATTACHMENT 11.11
LEASE OVER Whakamätakiuru (ELLESMERE LANDING) RESERVE
(Clause 11.2.14)
DEED OF LEASE
Deed made the day of 1997.
Landlord:
Tenant:
Guarantor:
WHEREAS
1.
- The Landlord leases to the Tenant and the Tenant takes on Lease the premises described in the First Schedule (together with the right to use the Landlord's improvements, fittings and fixtures and any common areas of the property, if any) for the term from the commencement date and at the annual rental (subject to review) as set out in the First Schedule.
2.
- The Landlord and the Tenant covenant as set out in the Second Schedule.
3.
- The Guarantor covenants with the Landlord as set out in the Guarantee in the Third Schedule.
SIGNED by the Landlord
in the presence of:
Witness: ____________________________
Occupation: _________________________
Address: ____________________________
SIGNED by the Tenant
in the presence of:
Witness: ____________________________
Occupation: _________________________
Address: ____________________________
SIGNED by the Guarantor
in the presence of:
Witness: ____________________________
Occupation: _________________________
Address: ____________________________
FIRST SCHEDULE
| Premises: | That part of the land situated at Whakamätakiuru (Ellesmere Landing Reserve) as indicated on the attached plan marked "A". |
| Term: | Five (5) years |
| Commencement Date: | |
| Further Terms: | One further term of five (5) years |
| Renewal Dates: | |
| Final Expiry Date: | |
| Annual Rent: | (subject to review) |
| Quarterly payments of Rent: | |
| Rent Payment Dates: | The 1st day of each month of January, April, July and October in each year commencing on the 1st day of 199 |
| Review Dates: | |
| Default Interest Rate: | 90 day Bank Bill rate or at the date of default, plus 750 basis points, compounded quarterly per annum |
| Use of the Premises: | Permanent or temporary residential accommodation |
| Improvements Rent Percentage: | 10% |
SECOND SCHEDULE
Tenant's Payments
Rent
1
- The Tenant shall pay the annual rent by equal quarterly payments in advance (or as varied pursuant to any rent review) on the rent payment dates. The first quarterly payment (together with rent calculated on a daily basis for any period from the commencement date of the Term to the first rent payment date) shall be payable on the first rent payment date. All rent shall be paid without any deductions by direct payment to the Landlord or as the Landlord may direct.
Rent Review
2.1
- The annual rent may be reviewed by the Landlord as follows:
(a)
- the Landlord shall commence a review by, not earlier than 3 months prior to a review date or at any time up to the next following review date, giving written notice to the Tenant specifying the annual rent considered by the Landlord to be the current market rent as at that review date;
(b)
- if, by written notice to the Landlord within 28 days after receipt of the Landlord's notice, the Tenant disputes that the proposed new annual rent is the current market rent then the new rent shall be determined in accordance with clause 2.2 but the new rent shall not be less than the annual rent payable during the period of 12 months immediately preceding the relevant review date;
(c)
- if the Tenant fails to give such notice (time being of the essence) the Tenant shall be deemed to have accepted the annual rent specified in the Landlord's notice;
(d)
- the annual rent so determined or accepted shall be the annual rent from the review date or the date of the Landlord's notice if such notice is given later than 3 months after the review date;
(e)
- pending the determination of the new rent, the Tenant shall pay the rent specified in the Landlord's notice. Upon determination of the new rent an appropriate adjustment shall be made; and
(f)
- the rent review, at the option of either party, may be recorded in a Deed. The cost of such Deed and the stamp duty shall be payable by the Tenant.
2.2
- Immediately following receipt by the Landlord of the Tenant's notice the parties shall endeavour to agree upon the current market rent, but if agreement is not reached within 14 days then the new rent shall be determined by arbitration. When the new rent has been determined the arbitrators shall give written notice to the parties. The notice shall provide as to how the costs of the determination shall be borne and such provision shall be binding on the parties.
Outgoings
3
- The Tenant shall pay a fair proportion as shall be agreed (or failing agreement determined by arbitration) of the following outgoings in respect of the property:
(a)
- rates or levies payable to any local or territorial authority;
(b)
- charges for water, gas, electricity, telephones and other utilities or services;
(c)
- all maintenance charges relating to any common land including (without limitations):
(i)
- charges payable in respect of the formation, maintenance or repair of footpaths, driveways, curbing, sanitation works, boundary walls or fences or other erections; and
(ii)
- charges for work carried out to prevent further erosion of the Ellesmere Lake front and subsequent charges relating to the maintenance thereof; and
(d)
- rubbish collection charges.
Such outgoings shall be payable on demand or if required by the Landlord by quarterly instalments on each rent payment date.
Goods & Services Tax
4
- The Tenant shall pay to the Landlord or as the Landlord shall direct any GST payable by the Landlord in respect of the rental and other payments payable by the Tenant in terms of this Deed. The tax in respect of the rental shall be payable on each occasion when any rental payment falls due for payment and in respect of any other payment shall be payable upon demand.
Interest on unpaid money
5
- If the Tenant defaults in payment of the rent or other monies payable hereunder for 14 days then the Tenant shall pay on demand interest at the default interest rate on the monies unpaid from the due date for payment to the date of payment.
Costs
6
- The Tenant shall pay the Landlord's solicitor's costs of and incidental to the preparation of this Lease and any variation or renewal of any deed recording a rent review and the stamp duty payable, and the Landlord's legal costs (as between solicitor and client) of and incidental to the enforcement or attempted enforcement of the Landlord's rights, remedies and powers under this Lease.
Indemnity
7
- The Tenant shall indemnify the Landlord against all damage or loss resulting from any act or omission on the part of the Tenant or the Tenant's invitees. The Tenant shall recompense the Landlord for all expenses incurred by the Landlord in making good any damage to the property resulting from any such act or omission.
Landlord's Payments
Outgoings
8
- Subject to the Tenant's compliance with the provisions of clause 3 the Landlord shall pay all outgoings in respect of the property that are not payable by the Tenant directly.
Maintenance and Care of Premises
Tenant's Obligations
9.1
- The Tenant shall in a proper and workmanlike manner and to the reasonable requirements of the Landlord:
(a)
- keep and maintain all of the Landlord's improvements, fixtures and fittings in the same clean order, repair and condition as they were in at the commencement of this Lease (subject to fair wear and tear);
(b)
- make good any damage to the Landlord's improvements, fixtures and fittings caused by improper, careless or abnormal use by the Tenant or those for whom the Tenant is responsible;
(c)
- keep and maintain the Tenant's improvements in good order, repair and condition and in particular keep and maintain any buildings on the property insured under a full replacement and reinstatement policy against loss, damage or destruction by fire;
(d)
- keep and maintain any pavings and other sealed or surfaced areas in good order and repair;
(e)
- keep any grounds, yards and surfaced areas in a tidy condition and maintain any garden or lawn areas in a tidy and cared for condition;
(f)
- keep and maintain the storm or waste water drainage system including downpipes and guttering clear and unobstructed;
(g)
- keep and maintain all water pipes in good order, repair and condition;
(h)
- regularly cause all rubbish and garbage to be removed from the Premises and keep all rubbish bins and containers in a tidy condition. The Tenant will also at the Tenant's own expense cause to be removed all trade waste boxes and other goods or rubbish not removable in the ordinary course by the local authority; and
(i)
- maintain and upgrade to the reasonable satisfaction of the Landlord all septic tanks on the Premises and in particular clean out such tanks at least every 3 years throughout the term. In the event that an effective sewage disposal system which complies with all local authority regulations and bylaws does not exist as at the commencement date of this lease, the tenant shall install such sewage disposal system or septic tank to the landlord's reasonable satisfaction and to the requirements of the relevant local authority, within 3 months of the commencement date of this lease.
9.2
- The Tenant shall also:
(a)
- contribute towards the reasonable costs of the erection of boundary fences to the Premises (if required by the Landlord) and maintain such fences in good condition; and
(b)
- not object to any consent sought by the Landlord in relation to the Premises pursuant to the Resource Management Act and in particular shall assist the Landlord fully in any such consent application.
Landlord's Right of Inspection
10
- The Landlord and the Landlord's agents may at all reasonable times enter the Premises to view their condition. If the Landlord gives the Tenant written notice of any failure on the part of the Tenant to comply with any of the requirements of Clause 9, the Tenant shall take all reasonable steps to comply forthwith.
Use of Premises
11
- The Tenant shall not without the prior written consent of the Landlord use or permit the whole or any part of the Premises to be used for any use other than for use as a residence.
12
- The tenancy shall relate only to the Premises and the Landlord shall at all times be entitled to use, occupy and deal with the remainder of the property without reference to the Tenant. The Landlord shall not be responsible to the Tenant for any act of default or neglect of any other Tenant of the property.
13
- The Tenant shall neither make nor allow to be made any alterations or additions to any part of the Premises without first producing to the Landlord plans and specifications and obtaining the written consent of the Landlord (not to be unreasonably or arbitrarily withheld) for that purpose. If the Landlord shall authorise any alterations or additions the Tenant will at the Tenant's own expense if required by the Landlord at the end of the term reinstate the premises. The Tenant, when undertaking any "building work" to the Premises (as that term is defined in the Building Act 1991) shall comply with all statutory requirements including the obtaining of building consents and code compliance certificates pursuant to that Act.
14
- The Tenant shall comply with the provisions of all statutes, ordinances, regulations and by-laws relating to the use of the Premises by the Tenant or other occupant and will also comply with the provisions of all licences, requisitions and notices issued by any competent authority in respect of the Premises or their use by the Tenant or other occupant.
If the Landlord is obliged by any such legislation or requirement to expend monies on any improvement, addition or alteration to the Premises then the Landlord shall be entitled to charge in addition to the rent an annual sum equal to the improvements rent percentage of the amount so expended by the Landlord and the quarterly payments of rent shall increase accordingly from the first rent payment date following completion of such improvement, addition or alteration.
15
- The Tenant shall not:
(a)
- bring upon or store within the Premises nor allow to be brought upon or stored within the Premises any machinery, goods or things of an offensive, noxious, illegal or dangerous nature;
(b)
- use the Premises or allow them to be used for any noisome, noxious, illegal or offensive trade or business;
(c)
- allow any act or thing to be done which may be or grow to be a nuisance, disturbance or annoyance to the Landlord, other Tenants of the property, or any other person; or
(d)
- the tenant shall not pollute the Lakeshore in the area nor carry on any dangerous, noisy or offensive activity on such Lakeshore.
Damage to or Destruction of Premises
Total Destruction
16
- If the Premises or any portion of improvements on the Premises shall be destroyed or so damaged:
(a)
- as to render the Premises untenantable then the term shall at once terminate; or
(b)
- in the reasonable opinion of the Landlord as to require demolition or reconstruction, then the Landlord may within three (3) months of the date of damage or destruction give the Tenant one month's written notice to terminate and a fair proportion of the rent and outgoings shall cease to be payable according to the nature and extent of the damage.
Any termination pursuant to this clause shall be without prejudice to the rights of either party against the other.
Partial Destruction
17
- If the Premises or improvements on the Premises shall be damaged but not so as to render the Premises untenantable and all the necessary permits and consents shall be obtainable, then the Tenant shall with all reasonable speed expend all insurance monies received by the Tenant in respect of such damage towards repairing such damage or reinstating the Premises. Until the completion of the repairs or reinstatement a fair proportion of the rent and outgoings shall cease to be payable according to the nature and extent of the damage. If any such permit or consent shall not be obtainable all the insurance monies received by the Tenant shall be inadequate for the repair or reinstatement then the term shall at once terminate but without prejudice to the rights of either party against the other.
Default
Re-Entry
18
- The Landlord may re-enter the Premises at any time:
(a)
- if the rent shall be in arrear 14 days after any of the rent payment dates;
(b)
- in case of breach by the Tenant of any covenant or agreement on the Tenant's part;
(c)
- if the Tenant shall make or enter into any composition, assignment or other arrangement with or for the benefit of the Tenant's Creditors; or
(d)
- in the event of the insolvency, bankruptcy or liquidation of the Tenant,
and the term shall terminate on such re-entry but without prejudice to the rights of either party against the other.
19
- Upon re-entry the Landlord may remove from the Premises any chattels in the apparent possession of the Tenant and place them outside the Premises and the Landlord shall not be answerable for any loss resulting from the exercise of the power of re-entry. Further, the Landlord shall take possession of all buildings and improvements on or in the premises and may dispose of such buildings and improvements at the discretion of the Landlord and in that event any balance of funds after deducting rental and/or all outgoings owing, penalty interest and all expenses, shall be paid to the Tenant.
20
- The Tenant shall compensate the Landlord and the Landlord shall be entitled to recover damages for any loss or damage suffered by reason of any acts or omissions of the Tenant constituting a repudiation of the Lease or the Tenant's obligations under the Lease. Such entitlement shall subsist notwithstanding any determination of the Lease and shall be in addition to any other right or remedy which the Landlord may have.
Quiet Enjoyment
21
- The Tenant paying the rent and performing and observing all the covenants and agreements herein expressed and implied shall quietly hold and enjoy the premises throughout the term without any interruption by the Landlord or any person claiming under the Landlord.
Renewal of Term
22
- If the Tenant has not been in breach of this lease and has given the Landlord written notice to renew the lease at least 3 months before the end of the term then the Landlord will, at the cost of the Tenant, renew the lease for the next further term from the renewal date as follows:
(a)
- the annual rent shall be agreed upon or failing agreement shall be determined in accordance with clause 2.1 but such annual rent shall not be less than the rent payable during the 12 month period immediately preceding the renewal date;
(b)
- such annual rent shall be subject to review during the further term on the review dates;
(c)
- the renewed lease shall otherwise be upon and subject to the covenants and agreements contained in this lease except that the term of this lease plus all further terms shall expire on or before the final expiry date; and
(d)
- pending the determination of the renewal rent the Tenant shall pay the rent proposed by the Landlord. Upon determination any appropriate adjustment shall be made.
Assignment or Sub-letting
23
- The Tenant shall not assign, sub-let or otherwise part with the possession of the premises or any part thereof without first obtaining the written consent of the Landlord which consent shall not be unreasonably withheld.
Landlord's Option to Purchase
24
- Upon termination of the Lease (subject to the Landlord's right upon re-entry pursuant to clause 19) the Landlord shall have an option to purchase all or part of the Tenant's improvements, fixtures and fittings on the Premises. If the Landlord is interested in exercising that option then the parties shall endeavour to agree upon a price for such improvements, fixtures and fittings to be purchased and in the event that the parties cannot agree then such purchase price may be determined by two registered valuers (one appointed by each party) or their umpire in the event that the valuers cannot agree.
If, following such determination, the Landlord elects to proceed, the purchase price shall be paid forthwith to the Tenant and ownership in all such improvements, fixtures and fittings shall immediately upon payment pass to the Landlord.
In the event that the Landlord chooses not to exercise such option, the Tenant shall remove all of the Tenant's improvements, fixtures and fittings, at the Tenant's cost, immediately upon notification by the Landlord to the Tenant that the Landlord elects not to exercise the option. The Tenant further shall make good any damage made to the Premises by such removal, to the reasonable satisfaction of the Landlord. In the event that the Tenant fails to remove such improvements, fixtures and fittings within 3 months of receiving notice, the Landlord may do so without answering to the Tenant for any resultant damage or loss, and the Tenant shall be liable to the Landlord for all costs and expenses involved in such removal. Upon a resale of such improvements, fixtures and fittings by the Landlord, the Landlord shall deduct all costs and expenses involved in such removal and reselling and shall pay to the Tenant any balance.
Arbitration
25
- All disputes between the parties shall be submitted to the arbitration of a single arbitrator if one can be agreed upon or to two arbitrators (one to be appointed by each party) and their umpire. Such arbitration is to be carried out in accordance with the provisions of the Arbitration Act 1996 or any then statutory provisions relating to arbitration. This clause shall not prevent the Landlord suing the Tenant for arrears of rent or other monies payable by the Tenant.
Interpretation
26
- In this Lease:
(a)
- "The Landlord" and "the Tenant" means, where appropriate, the executors, administrators, successors and assigns of the Landlord and the Tenant;
(b)
- "The Property" means the land of the Landlord at Fishermans Point, Whakamätakiuru (Ellesmere Landing Reserve) containing 5 acres, more or less, being part of Reserve 806, S.O. Plan 4591, Block VII Southbridge Survey District; and
(c)
- "The Common Areas" means those parts of the property which are shared with other Tenants and Occupiers and include the Lakeshores of Te Waihora.
THIRD SCHEDULE
GUARANTEE
IN CONSIDERATION of the Landlord entering into the lease at the Guarantor's request the Guarantor:
(a)
- guarantees payment of the rent and the performance by the Tenant of the covenants in the lease; and
(b)
- indemnifies the Landlord against any loss the Landlord might suffer should the lease be lawfully disclaimed or abandoned by any liquidator, receiver or other person.
THE GUARANTOR covenants with the landlord that:
1.
- NO release delay or other indulgence given by the Landlord to the Tenant or to the Tenant's successors of assigns or any other thing whereby the Guarantor would have been released had the Guarantor been merely a surety shall release prejudice or affect the liability of the Guarantor as a guarantor or as indemnifier.
2.
- AS between the Guarantor and the Landlord the Guarantor may for all purposes be treated as the Tenant and the Landlord shall be under no obligation to take proceedings against the tenant before taking proceedings against the Guarantor.
3.
- THE guarantee is for the benefit of and may be enforced by any person entitled for the time being to receive the rent.
4.
- AN assignment of the lease and any rent review in accordance with the lease shall not release the Guarantor from liability.
5.
- SHOULD there be more than one Guarantor their liability under this guarantee shall be joint and several.
SECTION 11 - MAHINGA KAI TRANSFER AND VESTING OF PROPERTIES
11.1
- DEFINITIONS AND INTERPRETATION
11.2
- LAND TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
11.3
- LAND TO BE VESTED IN TE RÜNANGA SUBJECT TO PROTECTED PRIVATE LAND AGREEMENTS
11.4
- TE RÜNANGA TO ADMINISTER RESERVES
11.5
- CHANGES OF NAME AND/OR CLASSIFICATION
11.6
- VESTING OF BED OF TE WAIHORA
11.7
- VESTING OF BED OF MURIWAI (COOPERS LAGOON)
11.8
- VESTING OF BED OF LAKE MAHINÄPUA
11.9
- LEASE OF TE WAIHORA SITES
ATTACHMENT 11.1
- TUKU TUKU IWI TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.2
- TE PARINUI O WHITI TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.3
- WETLANDS PROPERTY TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.4
- TE WAIOMÄKUA TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.5
- GREENPARK HUTS TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.6
- MOTUTAPU TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.7
- ÖKEINA (OKAINS BAY) TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.8
- SOUTH BAY - KAIKOURA TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.9
- THE POINT - KAIKOURA TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.10
- WHAKAMÄTAKIURU (ELLESMERE LANDING) RESERVE TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.11
- LEASE OVER WHAKAMÄTAKIURU (ELLESMERE LANDING) RESERVE
ATTACHMENT 11.12
- MATARIKI TO BE VESTED IN TE RÜNANGA IN FEE SIMPLE
ATTACHMENT 11.13
- VESTING OF TARAMEA (HOWELLS POINT)
ATTACHMENT 11.14
- RESTRICTIONS, CONDITIONS AND ADMINISTRATIVE PROCESSES FOR THE ADMINISTRATION OF TARAMEA (HOWELLS POINT)
ATTACHMENT 11.15
- VALUATION METHODOLOGY
ATTACHMENT 11.16
- SOUTH BAY/KAIKOURA PENINSULA
ATTACHMENT 11.17
- MOTURATA (TAIERI ISLAND)
ATTACHMENT 11.18
- HURIAWA
ATTACHMENT 11.19
- MAPOUTAHI PÄ
ATTACHMENT 11.20
- PROTECTED PRIVATE LAND AGREEMENTS
ATTACHMENT 11.21
- APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER KAHUTARA
ATTACHMENT 11.22
- APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER ÖMIHI/GOOSE BAY
ATTACHMENT 11.23
- APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER ÖARO
ATTACHMENT 11.24
- CREATION OF HISTORIC RESERVE AT ÖTÜKORO
ATTACHMENT 11.25
- APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER MAEREWHENUA
ATTACHMENT 11.26
- APPPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER TAKIROA
ATTACHMENT 11.27
- APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER KÄTIKI
ATTACHMENT 11.28
- APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER ÖNAWE PÄ
ATTACHMENT 11.29
- CREATION OF HISTORIC RESERVE AROUND KOPUWAI
ATTACHMENT 11.30
- CREATION OF HISTORIC RESERVE AT KAWARAU GORGE
ATTACHMENT 11.31
- APPOINTMENT OF TE RÜNANGA TO HOLD AND ADMINISTER WAIPAPA POINT
ATTACHMENT 11.32
- CHANGE OF NAMES/CLASSIFICATION
ATTACHMENT 11.33
- TE WAIHORA (LAKE ELLESMERE)
ATTACHMENT 11.34
- EASEMENT AGREEMENT, TE WAIHORA
ATTACHMENT 11.35
- AREAS SUBJECT TO JOINT MANAGEMENT PLAN
ATTACHMENT 11.36
- MAIMAI MANAGEMENT AGREEMENT TE WAIHORA
ATTACHMENT 11.37
- MURIWAI (COOPERS LAGOON)
ATTACHMENT 11.38
- MURIWAI (COOPERS LAGOON) DRAINAGE AND ACCESS EASEMENTS
ATTACHMENT 11.39
- EASEMENT FOR ACCESS TO MURIWAI (COOPERS LAGOON)
ATTACHMENT 11.39
- LAKE MAHINÄPUA
ATTACHMENT 11.40
- FORM OF EASEMENT LAKE MAHINÄPUA
ATTACHMENT 11.41
- LEASE OF PAKOAU TO TE RÜNANGA
ATTACHMENT 11.42
- LEASE OF WAIKIRIKIRI TO TE RÜNANGA
