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MEMORANDUM OF AGREEMENT OF LEASE

AGREEMENT OF LEASE made and entered into by and between:

Full Names Off Road Extreme CC

Id / Reg Number 2009/099439/23
Address 74 Graham Road, Shere
Pretoria, 0081

And

Full Names

Id / Reg Number

Contact details

E mail

2. INTERPRETATION
In this Agreement, unless the context indicates otherwise, the following expressions shall have the meanings
assigned to them hereunder –
2.1 The Premises: School Building Situated at (Street Address): 74 Graham Road, Shere, Pretoria,
0081
2.2 Property Description:
North wing of glass barn building consisting of 2 rooms approximately 115 square meters, 2 rest
rooms approximately 18 square meters and 1 storeroom approximately 9 square meters.
2.3 Lawn area approximately 533 square meters between parking area and the lawn area of the main
glass barn

2.4 Sufficient parking space as required

3. LETTING AND HIRING

3.1 The Lessor hereby lets to the Lessee, who hereby hires the PREMISES subject to in the terms and
conditions contained in this agreement.
3.2 The Lessee shall use the Premises for the purpose of a school only.
3.3 The number of learners at the Premises shall not exceed 100.

4. RENTAL AND SECURITY FOR PAYMENT

4.1 The monthly rental shall be R 20 000-00 (Twenty thousand rand) per month, subject to 4.2.
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4.2 The rental shall be subject to an escalation of 7% (seven percent) per annum from the 1st day of
January each year and the amount referred to in 4.1, escalated as aforesaid, shall then be of effect
from the said date and constitutes the rental.
4.3 Rental shall be paid monthly in advance on or before the 1st (first day of each month, free of any
deduction or set-off, into the specified bank account of the Lessor.

ABSA Bank
Standard Bank– –The GroveAccount
Cheque
Branch
Branch Code
Code – 632005
- 012445
Account
Account Name:
Name: S.Off
de Road Extreme
Meillon
Account
Account Number:
Number: 4075727681
013344803

4.4 The rental referred to in 4.1 shall include:

4.4.1 the levies charged by the local authority for taxes in respect of the property from time to
time during the duration of this contract.
4.4.2 the rental shall include charges of the for the consumption of water.
4.4.3 the rental shall include the cost of keeping the lawn area neat and painting the
wooden fence yearly.

4.5 In case of non-payment, three attempts by the Lessor will be made to contact the default party by
SMS, email and/or direct call. Should the default party ignore these attempts or fail to comply and
rectify the non-payment, it shall be considered a material breach of this agreement and will be
handled accordingly.
4.6 All late payments, and /or payments with no reference number, will be subject to a R100.00 charge
per day, payable by the Lessee to the Lessor to cover the administration cost.
4.7 If any cheque/debit order of the Lessee be dishonored, the Lessee shall be responsible for an
additional charge of R100,00 (One Hundred Rand) per cheque/debit order which is dishonored,
payable to the Lessor, to cover administration cost.
4.8 During the period of the lease the Lessee shall not, without the written consent of the Lessor,
remove any moveable property from the PREMISES, placed by the Lessee on or inside such
premises, at the commencement of or during the lease period, it being understood that such
moveable property falls under the Lessor’s tacit hypothec and serves as security for all rent or other
payments for which the Lessee is liable in terms of this Agreement.
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5. LEASE PERIOD
5.1 The Lease shall be for a fixed period of 36 months commencing on the 1st of January 2021 and
terminating on the 31th of December 2023.
5.2 It is agreed that, in the event of the Lessee wishing to terminate or extend the Lease, or the Lessor
wishing to terminate the lease, written notice of his/her intention to do so shall be given 6 calendar
months before termination, on or before the 1st of July, 2023 to the other Party in writing.
5.3 In the event of such notification not received by the Lessor, in writing, on the given date, the lease
will be extended on six monthly basis, on the same conditions as stated in this agreement subject to
escalation of the rental amount as referred to in clause 4.2 and the Lessee will be liable for the costs
associated therewith.
5.4 Failure to vacate the premises by midnight on the date of expiry, will result in pro rata charges per
day, deductable from the deposit/payable by the Lessee.

6. DEPOSIT
6.1 A deposit equal to a month’s rental will be paid by the Lessee. The Lessor will resume full
responsibility of refunding the deposit (less damages and other costs) to the Lessee on termination
of the Lease. Failure to pay the said deposit will result in the contract being cancelled without notice.
6.2 On termination of the Lease the Deposit shall be dealt with as follows;
6.2.1 The Lessor may in its discretion apply the Deposit towards the payment of all amounts
outstanding for which the Lessee is liable including, but not limited to, cleaning, outstanding
commission, administrative costs, unpaid accounts, the cost of repairing damage to the
Premises, outstanding fines, and replacing the lost keys and remote controls;
6.2.2 Should the Lessor incur any losses due to breach of contract, the deposit, after all other
deductions, can be paid to him/her.
6.2.3 Subject to the provisions of clause 9.5 the Deposit shall be refunded to the Lessee by the
owner as soon as possible, but not later than 30 days after the termination date;
6.2.4 If a deposit is refundable, such deposit will only be refunded upon receipt, in writing, of the
Lessee’s banking details.
6.2.5 The relevant receipts which indicate the costs which the Lessor incurred as contemplated
in clause 4.2.1 shall be made available by the Lessor to the Lessee for inspection as proof
of such costs incurred by the Lessor;
6.3 Under no circumstances may the Lessee use the deposit as rent; or will the Lessor receive the
deposit as a rental payment.

7. UTILITY CHARGES AND ADDITIONAL PAYMENTS

7.1 Prepaid electricity is payable by the Lessee.
7.2 The Lessor shall be liable to pay all rates and taxes / levies to the relevant authority.
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8. CONDITION OF THE PREMISES

8.1 The Lessee and the Lessor shall jointly, before the Lessee moves into the Premises, inspect the
Premises to ascertain the existence or otherwise of any defects or damage therein with a view to
determining the Lessor’s responsibility for rectifying any defects or damage, and if not, to record any
such defects or damage.
8.2 The Lessor (or his nominated agent) has the right to access the property at any time, on condition
the ample notice is given to the Lessee. It is understood that ample notice means 24 hours. The
Lessor or his nominated agent has the right to access the property at any time in the case of
emergency or to prevent possible damage to the property.
8.3 On notice of termination of this lease by any party, a viewing of the property will be arranged by the
Lessee with the Lessor and the Lessee present to determine the condition of the premises and to list
defects. A further viewing will be arranged by the Lessee ASAP after the Lessee vacated the
property and before the Deposit is refunded.
8.4 Should the Lessee fail to arrange such an inspection as contemplated in clause 8.3, above, the
Lessor and shall, on expiry of the Lease, inspect the dwelling within 7 (seven) days from such expiry
in order to assess any damages or loss which occurred during the tenancy. Without detracting from
any other right or remedy which the Lessor may have in Law or in terms of this Lease, The Lessor
may deduct from the Lessee’s deposit all repair costs as contemplated in clause 6.2.1 and 6.2.2.

9. PROHIBITION AGAINST SUBLETTING AND PARTING WITH POSSESSION

The Lessee shall not –
9.1 Cede his rights or assign his obligations hereunder; or
9.2 Sublet the PREMISES or any portion thereof; or
9.3 Part with possession of the PREMISES or any other portion thereof without the Lessors‘s prior
written consent which, in the case of 9.1.2 and 9.1.3, shall not be unreasonably withheld.

10. OCCUPATION
10.1 Notwithstanding any receipt given for rental or deposit paid in terms of the lease, the Lessee shall
have no claim for damages or other right of action against the Lessor, nor be entitled to cancel this
lease, should the Lessor be unable to give the Lessee occupation on the date of commencement of
the lease for any reason whatsoever not attributable to willful default on the part of the Lessor and
the Lessee undertakes to accept occupation whatsoever date the PREMISES are available, subject
to a remission of rental in respect of the period of no-occupation.
10.2 Should the Lessee fail to take occupation of the PREMISES on the date upon which the PREMISES
are made available to him/ her for occupation, the Lessor may, without incurring any liability
whatsoever towards the Lessee, immediately cancel this Agreement without notice, whereupon the
Lessee shall forfeit the deposit paid by him, while remaining liable for any loss of rental or other
losses by the Lessor, provided that this clause shall not apply if the Lessor and the Lessee have
agreed in writing that the Lessee will not take physical occupation of the PREMISES on the said
date.
10.3 In the event of the Lessee not being able to enjoy the beneficial occupation of the PREMISES as a
result of the PREMISE having been materially damaged by fire, earthquakes, weather storms, riot
activity or the like, the Lessor –
10.3.1 Failing within 30 days of the date of the damage to give the Lessee written notice that he
intends to keep the lease alive, shall be deemed to have been cancelled on the date that
the damage occurred and the Lessor shall refund to the Lessee all rental paid in advance
beyond the date of such damage; or
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10.3.2 Having given notice to the Lessee as aforesaid, the Lessor shall restore the PREMISES
into a rentable condition as expeditiously as practicable and the Lessee shall be entitled to
a total or partial remission of rental according to the extent to which and the period for which
he was deprived or beneficial occupation of the PREMISES.

Save as provided in 10.3.1 and 10.3.2, the Lessee shall have no other claims whatsoever against
the Lessor.

10.4 The Lessee shall:

10.4.1 maintain at his/her own cost the whole of the premises (equipment, gates, light bulbs, basin
plugs) and any and all other items and the goods for the full duration of the lease in the
same state of repair as they were when received by him, reasonable fair wear and tear
accepted, alternatively to reimburse the Lessor for the cost of replacing or repairing any
breakage or defects.
10.4.2 keep the Premises in a clean and hygienic state,
10.4.3 refrain from interfering with the electrical, plumbing or gas installations or systems on the
Premises, except as may be necessary to enable the Tenant to carry out his/her obligations
of maintenance and repair in terms of this Lease;
10.4.4 take all reasonable measures to prevent blockages and obstruction from occurring in the
drains, sewerage pipes and water pipes serving the Premises;
10.5 The Lessee shall not:
10.5.1 contravene or permit the contravention of any law, by-law or statutory regulation relating to
or affecting the Premises;
10.5.2 make any structural alteration or addition to the Premises, stick adhesive picture holders
into or deface the walls, drive nails or other objects into any portion of the Premises or paint
the interior or exterior of the Premises without the prior written consent of the Owner.
10.5.3 keep pets on the Premises without the prior consent of the Owner, which consent may be
withdrawn at any time at the Owner’s sole and unfettered discretion;
10.5.4 engage in any activity which may potentially cause damage to the Premises or which may
be potentially prejudicial to neighbours;
10.5.5 hang or place any signs, notices or advertisements anywhere on the Premises without the
Owner’s prior written consent;
10.5.6 cause nuisance to emanate from the Premises and/or his vehicle.

11. FOR SALE AND TO LET NOTICES

11.1 The Lessor shall have the right to affix and exhibit “To Let” and/or “For Sale” notices on the
premises and the Lessee shall permit prospective Lessee /s and/or Purchasers, as the case may be,
to view the Premises on 24 (twenty four) hour’s notice being given.
11.2 In addition, the Lessee shall permit the Lessor or any estate agent authorised by the Lessor, to
make the Premises available as a showhouse on 2 (two) Sundays per month between the hours of
12:00 and 17:00.
11.3 The Lessee shall not be entitled to remove, relocate or damage any notice referred to in 11.1.

12. BREACH/ CANCELLATION

12.1 In the event that the Lessee fails to pay the rental on the due date as herein provided, time being of
the essence hereof, the AGENT/ Lessor may, without notice or demand, declare the following
amounts immediately due, owing and payable:
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12.1.1 Rental in the sum of R20 000-00 per month x 2 (number months) R40 000-00

12.1.2 Contract fee R150-00

12.1.3 Deposit

12.1.4 Keys Deposit R300-00

TOTAL R40 450-00

12.2 Should the Lessee fail to pay the rental, any part thereof, or any other monies due in terms of this
Lease by due date, or should the Lessee breach any of the terms of this Lease, the Lessor shall
have the right (without prejudice to any other rights he may have at law) to cancel this Lease within 7
(seven) calendar day’s notice, in writing; and thereupon commence proceedings for the Lessee’s
eviction and to claim payment of the amounts referred to in clause 12.1.
12.3 In the event of the Lessee breaching the same clause of this Lease Agreement or committing a
similar breach of this Lease Agreement on 3 (three) occasions it will considered a material breach of
this agreement and will be handled accordingly.
12.4 In the event of the Lessor cancelling this Lease and in the event of the Lessee disputing his/her right
to do so and remaining in occupation of the Premises, the Lessee shall, pending adjudication or
settlement of the dispute, continue to pay an amount equivalent to the rental, monthly in advance on
or before the first day of each and every month. The Lessor shall be entitled to accept and recover
such payments and the acceptance thereof shall be without prejudice to the Lessor’s claim for
cancellation. Failure to comply with this provision will constitute a separate cause of action entitling
the Lessor to his/her legal rights and to immediately re-enter and take possession of the Premises
and eject the Lessee.
12.5 Should a dispute referred to in clause 12.4 shall be deemed to be amounts paid by the Lessee on
account of damages suffered by the Lessor, without prejudice to the Lessor’s right to claim for
further damages occasioned or resulting from the Lessee’s breach of the Lease.
12.6 The parties agree to the jurisdiction of the Magistrate’s Court of the magisterial district in which the
Premises are situated for all matters arising out of this Lease, such jurisdiction, however, to be in
addition to and not in substitution for the jurisdiction of any other competent Court otherwise having
jurisdiction.
12.7 In the event that the Lease is cancelled due to breach of contract by the Lessee, the Lessee will be
liable for:
12.7.1 Rental payments until such time that a replacement Lessee is found;
12.7.2 Securing a suitable Lessee, to be approved by The Lessor;
12.7.3 Letting agents commission on un-expired portion of the Lease;
12.7.4 Cost of placement of advertisements;
12.7.5 Appointing The Agent to find a suitable Lessee and paying the letting commission as per
Authorisation Agreement;
12.7.6 Any legal costs incurred on Attorney and Own client scale
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13 INSURANCE
13.1 The Lessee shall –
13.1.1 not, store or permit the storage of any article upon the Premises or on the property or
allow any item to be brought which may result in the premiums with regard to any
insurance held by the Lessor or Owner in respect of the Premises/Building being increased;
13.1.2 at all times comply with the conditions of any fire or other insurance policy held from time
to time by the Lessor or Owner in respect of the Premises and/or the Property; and
13.1,3 not permit anything to be done which may result in any insurance policy held by the Lessor
or Owner for the time being in respect of the Premises, and/or the Property being rendered
void or voidable.

13.2 If any such premium payable in respect of such policy/ies is increased –

13.1.1 by reason of the nature or scope of the business which the Lessee carries out on/in the
Premises in terms of the lease; or
13.1.2 as a result of the Lessee not complying with any of the aforesaid provisions,
then without prejudice to any other rights which the Lessor may have as a result of that breach,
the Lessee shall on demand refund to the Lessor or Owner the amount of that additional
premium.
13.1.3 The Lessee shall take out and maintain adequate public liability insurance. Whenever
so required by the Lessor, the Lessee shall exhibit to the Lessor proof of such insurance and
payment of the premiums that fall due in respect of such insurance and if the Lessee fails to do
so, without prejudice to the Lessor's rights, the Lessor shall be entitled to pay such premiums
and to recover them from the Lessee.

14 EXCLUSION OF LIABILITY

14.1 Neither the Lessor nor any of its directors, agents, employees or servants shall be liable for –

14.1.1 personal injury to or the death of any person or the loss of or damage to any property of whatever
nature in the Premises, or the Warehouse or Office or on the Property, howsoever arising or caused,
save by reason of intentional or grossly negligent acts of the Lessor or of any of the said persons or
otherwise;

14.1.2 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-
conditioning, heating, telecommunication service or any other amenity or service to the Premises or
any part of the Premises, (including, any cleaning service if applicable);

14.1.3 any breakdown of, or interruption in the operation of, any machinery, plant, equipment, installation, or
system situated in or on, or serving the Premises or any part of the Premises, including any geyser,
boiler, burglar alarm, or security installation or system;

14.1.4 any interruption of, or interference with, the enjoyment or beneficial occupation of the Premises or
Property or any part thereof caused by any building operations or other works to the Warehouse or
Office or elsewhere on or about the Property, whether by the Lessor or by anybody else; and

14.1.5 any loss which the Lessee may suffer as a result of the business activities of any other occupants of
the property.
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14.2 For the purposes of clause 14.1.1 above, "personal injury to or death of any person or of loss of or damage to
any property" shall include loss of profits, consequential damages or any damage to stock in trade,
equipment, machines, raw materials, papers or other articles kept in the Premises or on the property (whether
the property of the Lessee or that of anyone else) by rain, hail, lightning, fire, power surges or interruptions or
by reason of riots, strikes, state's enemies or as a result of theft or burglary, with or without forceful entry.

14.3 The Lessee hereby indemnifies the Lessor and its directors, agents, employees and servants against any
claim of whatever nature which may be made against any of them arising out of any of the aforegoing
occurrences.

15 LICENCES AND PERMITS

15.1 The Lessee shall obtain any licenses, permits and authorities required for the lawful conduct of its
business in the Premises, and if it is unable to do so, it shall have no right to terminate this lease or to
vary any of its obligations under this lease.

16. ARBITRATION
If any dispute between any of the parties to this agreement at any time with regard to any matter arising out of
or relating to this agreement, the interpretation thereof or its termination or in respect of any claim for
ratification, the Lessor may in his sole discretion, require or decide upon arbitration.

17. DOMICILE
17.1 The Lessee appoints the Premises as his domicilium citandi et executandi for all purposes in terms
of the Lease. Notices sent by registered post to the Lessee at the Premises shall be deemed to have
been received 5 (five) days after the date of posting.
17.2 Notices delivered to the Premises by hand shall be deemed to have been received on the date of
delivery.
17.3 Any notices given to the Lessor shall be at their domicilium citandi et executandi recorded in clause
1,

18 GENERAL
18.1 Should two or more persons sign this Agreement as Lessor or Lessee, the said persons shall be
liable in solidum for the due performance of their obligations in terms of this Agreement.
18.2 This Agreement constitutes the sole and entire agreement between the parties and no warranties;
representations, guarantees or other terms and conditions of whatsoever nature not contained
herein, shall be of any force or effect.
18.3 No indulgence which either party (“the grantor”) may grant to the other (“the grantee”) shall constitute
a waiver of any of the rights of the grantor who shall not hereby be precluded from exercising any
rights against the grantee which may have arisen in the part or which might arise in the future.
18.4 No variation of the terms and conditions of this Agreement or any consensual cancellation thereof
shall be of any force or effect unless reduced to writing and signed by the parties or their duly
authorized agents.
18.5 The Lessor hereby warrants that all consents required in terms of the Matrimonial Property Act 88 of
1984 have been duly furnished.
18.6 The Lessee acknowledges that to the extent that the Lessee may be legally entitled to protection
afforded by the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land
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Act 19 of 1998 (hereinafter “the act”), such Act shall apply to any proceedings for his/her eviction
from the Premises, in the event of the same being necessary.
18.7 This Agreement shall be duly concluded upon signature thereof by the Lessor and the Lessee,
without it being required that the fact of the Lessor signature be communicated to the Lessee.

19 ALIENS
Should the Lessee be an alien as defined in terms of the Aliens Control Act 96 of 1991 he/she warrants that
he is in a possession of a permit issued in terms of the said Act, which qualifies him to hire the PREMISES.

The expiry date of the permit is _________________________

THUS DONE AND SIGNED BY THE PARTIES ON THE DATES AND AT THE PLACES STATED HEREUNDER:

Thus Done and Signed by the Lessor at Pretoria On the Day of 2020

WITNESS Lessor

Full name (print) Full name (print)

Off Road Extreme CC

Signature Authorized Signature: Adriaan Rall

Thus Done and Signed by the Lessee at Pretoria On the Day of 2020

WITNESS Lessee

Full name (print) Full name (print)

Signature Signature