1
TENANCY AGREEMENT
The undersigned: Mr. N.W. Dijkhuizen, acting in this case in his
capacity as director of the Stichting Pensioanfonds Produktschappen
Voedselvoorsiening (Pension Fund Foundation for Food Supply Commodity Boards),
domiciled at The Hague, Duinweg 25, and as such legally representing this
Foundation,
to be named hereinafter lessor,
and Mr N. de Jager, M.Sc., acting in this case in his capacity as director of
the private company Koninklijke Pabriek Inventum B.V., having its seat at
Bilthoven, Lijenseveg 101, and as such legally representing this private
company,
to be named hereinafter tenant,
declare having made a tenancy agreement on 15th December 1988 with regard to:
office/industrial building under construction, in conformity with the attached
brief technical description dated 19th December 1989 by Esbouw
Projectmanagement B.V., ref.: Es/ar/8825/18, initialled by the parties, letters
dated 16th January 1989 ref.: Es/aj/8825/05 and 12th April 1989 ref.:
Es/aj/8825/05 from Esbouw to Inventum B.V., the drawings of the firm of
architects Alberts en van Huut B.V., numbers 88027-W01 up to and including W07,
dated 19th December 1989, and the construction drawing(s) of High Tech
Raadgevende Ingenieurs b.v. (High Tech Consulting Engineers b.v.), nr.: 88290
pages A and B, dated 30th March 1989, as well as the adjoining building plot of
about 1,555 m2 of surface standing and situated on Parkerbann 20 at Nieuvegein,
as indicated by red shading in so far as the office/industrial building is
concerned, and by yellow shading in respect of the building plot (see attached
ground plan(s)), all this well known to the parties.
to be named hereinafter the property hired
as well as the drawings by Hoogendoorn B.V., dated 14-12-1989, the pages
1-01-1-2 and the drawings of Radiar B.V. (air conditioning system) P.12863A
dated 14-12-1989, P.12863 B, P.12863 F, P.12863 EZ, P.12863 E and the drawing
Compressed Air Line ground floor dated 18-12-1989. Drawings of the Electische
Installatie (electric installation) Sielman B.V., dated 20-11-1989, pages 1 up
to and including 3, and the drawings KO-1, Hk1-2 K1-3, LO-1 dated 20-11-1989.
Tenant's initials: Lessor's initials:
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2
Furthermore, they have agreed upon the following:
GENERAL
1.1 This contract commits the undersigned to comply with statutory
provisions, as well as with local regulations and customs, with regard to
letting and hiring, to the extent that it does not deviate from them.
1.2 This contract forms an integral part of the general terms and
conditions deposited at the office of the court at Utrecht on 10th April 1984,
where registered under number 230/84.
The undersigned declare having received a copy thereof and to be fully
familiar with its contents.
These general terms and conditions are held to verbally form part of
this contract and are binding upon the undersigned, subject to any explicit
deviation therefrom in the clauses to be expressed below, or if application
thereof is not feasible with regard to the property hired.
TENANCY - OPTION AND EXTENSION
2.1. This contract has been made for the period of 5 years commencing
on 1st December 1989 and expiring on 30th November 1994.
2.2 Tenant is entitled to 5 optional years, commencing on 1st December
1994 and thus expiring on 30th November 1999. Tenant is held to use his right
of option, unless he notifies the lessor by registered letter with
acknowledgement of receipt or writ that he does not want to use this right, at
least 12 months before the above date of commencement, thus before or on 30th
November 1993.
Tenant's initials: Lessor's initials:
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3
RENT
3.1. The initial rent shall amount to NLG 324,682.--, in words: three
hundred twenty four thousand six hundred eighty two guilders per year excluding
V.A.T., payable in advance in 4 instalments, each of 3 months, each amounting to
NLG 81,170.50 excluding V.A.T., the first being due on 1st January 1990, without
prejudice to what is laid down in clause 4. The above initial rent includes the
rent of the adjoining building plot of about 1,555 m2 area, as well as the rent
increase covering the additional work and the reduced amount of work carried out
at the tenant's request for the lessor's account, as specified on the enclosed
list dated 19th December, 1989. The letters dated 16th January 1989 ref.:
Es/aj/8825/05 from Esbouv to Inventum B.V. and dated 25th April 1989 nr.: 1050
from the lessor to Inventum B.V. is hereby annulled, however only as regards the
financial consequence already worked up in the above list.
In view of the commencement date of this contract, the first payment
shall be made covering the period from 1st December 1989 till 1st January 1990,
and amounts to NLG 27,056.80 excluding V.A.T., in words: twenty seven thousand
fifty six guilders and eighty cents.
Any appeal for a discount or a set-off against a claim which the tenant
believes to have or may obtain against the lessor, shall be ruled out.
3.2. On the other hand the lessor and the tenant mutually agree that
the lessor shall charge the tenant for value added tax on the rent referred to
in paragraph 1.
Adaptation and Revision of rent
4. The rent referred to in paragraph 1 of clause 3 shall be adjusted
each year, for the first time as at 1st December 1990, in accordance with what
is laid down in clauses IIC and IID of the general terms and conditions, on the
understanding that the rent shall never be lower than the initial rent.
Tenant's initials: Lessor's initials:
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SERVICE CHARGE
5.1. The tenant shall owe to the lessor, each time payable 3 months in advance,
an amount of NLG 2,500.--, in words: two thousand five hundred guilders
per quarter excluding V.A.T. by way of advance to be settled on account
against the cost of the following marked supplies and services:
* maintenance and periodic inspection of heating system(s).
* maintenance and periodic inspection of (mechanical) exhaust system(s)
* maintenance and periodic inspection of triple mechanical ventilation
* maintenance and periodic inspection of lift installation
* maintenance of premises, gardens, drainage, including replacement of
plants
* clerical expenses of 5%.
5.2. if a tenant is debited for service charge V.A.T. shall be payable.
USE
6. The property hired is exclusively destined for use as
office/industrial accommodation for the purpose of operations being carried out
by the tenant, as described in the attached copy of extract from the Register of
Business Names of the Chamber of Commerce.
SECURITY
7. On signing this contract the tenant shall make available to the
lessor a bank guarantee of NLG 96,000.--, in words: ninety six thousand guilders
including V.A.T.
Tenant's initials: Lessor's initials:
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LIABILITY
B.1. The lessor shall not be liable for the consequences of apparent or
latent defects to the property hired, nor for consequential loss to the tenant,
nor for damage to persons or property of the tenant or of any third party, nor
for any other damage whatsoever, except in the case of damage due to the
condition of the property hired, to the extent that the lessor can in such case
be blamed for gross negligence.
B.2. The tenant shall indemnify the lessor against any third party
claim in respect of damage to people or goods present in the property hired,
caused as a consequence of any defect as described above.
CHARGES PUBLIC UTILITIES
9. Any charge connected with the supply and use of water, gas and
electricity including standing charges in the property hired, shall run for the
tenant's account, as also any expense connected with a transformer unit, if
required, or with the reinforcing of the existing unit. The respective charges
shall be paid by the tenant directly to the relevant utilities.
SPECIAL REGULATIONS
Commencement date payment of rent e.g. of service charges
The rent and the service charges shall be due as at 1st December 1989.
Tenant's initials: Lesssor's initials:
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DELIVERY DATES AND DELIVERY/INSPECTION REPORT
The property hired shall be delivered on 19th December 1999.
On delivery of the property hired by the lessor to the tenant, the
lessor and the tenant shall arrange for the property hired to be inspected to
ascertain whether the property hired has been delivered in conformity with the
attached appendices. The tenant shall not refuse to sign the inspection report
on unreasonable grounds.
The lessor shall repair to the tenant's satisfaction the
shortcomings/defects recorded in the inspection report, if possible within 30
days from date of inspection.
The inspection report shall serve as delivery report on expiry of the
tenancy agreement, on the understanding that in the case of shortcomings/defects
the inspection report to be drawn up on completion of repairs shall be accepted
as such.
Tenant's initials: Lessor's initials:
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RIGHT TO PURCHASE
a. Should the tenant, during the currency of this tenancy agreement,
but latest before 30th November 1994, wish to proceed to buy the property hired
sufficiently well known to the parties, the tenant shall be entitled to
purchase.
b. If intending to buy the property hired, the tenant shall notify the
lessor of his decision to use his right to purchase, latest within 30th November
1994 by registered letter send to the lessor. Then, notwithstanding a
termination of hire as referred to in paragraph 2 of clause 2, the present
tenancy contract shall remain in full force until the date of transfer.
Such purchase shall take place at the market value of the property
hired then prevailing, increased by V.A.T., on the understanding that same shall
at no time be lower than the cost of acquisition paid by the lessor, which to
include also the cost increased by V.A.T. for the technical and/or architectural
facilities supplied at the tenant's request, to the extent that same shall not
yet have been paid out of the rental.
This market value shall be fixed by three estate agents. Of these three
agents one shall be appointed by each of the parties within a fortnight from the
date on which either of the parties shall have received a respective request
from the other party.
A third agent shall be nominated by the two agents within eight days
from the date of acceptance of their appointment.
The judgment passed by the third agent shall be decisive failing
agreement among the agents on the market value to be established.
If either of the parties fails to nominate an estate agent or failing
the two nominated agents to agree on the appointment of a third agent, then the
willing party could ask the chairman of the Chamber of Commerce and Factories of
the district in which the estate is located, to nominate, in the first instance,
two estate agents and, in the second instance, one agent. The fees of the agents
shall be borne by the parties on a fifty-fifty basis. The agents shall issue
their report within six weeks from their definite nomination.
The charges and transfer tax due on the sale and delivery of the
property hired/sold shall run for the tenant's/buyer's account.
Tenant's initials: Lessor's initials:
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The tenant/buyer now for then irrevocably authorizes the lessor/vendor to lodge
on his behalf a petition of option because of taxed delivery. If the petition is
not granted, or if, due to the tenant's/buyer's failure, the petition is not
lodged or lodged too late, the selling price shall be increased by the amount of
the V.A.T., which would have been due had the petition been granted c.q.
(timely) lodged.
c. If the tenant uses his right to purchase, the deed of conveyance
shall be executed as soon as possible before a civil law notary to be nominated
by the lessor; such deed shall contain the terms and conditions normally
included by this civil law notary in deeds of conveyance. The purchase price and
whatever to which the tenant, as purchaser, shall be bound, shall be settled by
the latter when passing the deed, on pain of forfeiture of any preferential
right and without prejudice to the lessor's rights to damages.
d. The lessor shall not be empowered to sell the property hired to any
third party within the above period of time, thus before 30th November 1994,
unless with the tenant's consent.
e. Failing the tenant to make use of his right to purchase, the right
to purchase shall become extinct and the lessor shall be free to sell the
property hired to a third party on expiry of the above period, thus from 1st
December 1994, while the tenant shall continue to be bound to his tenancy
agreement, without prejudice to what is laid down in clauses 2.1. 2.2. and 4.
f. Any notification referred to above shall be made by registered
letter, of which only the date shall be decisive.
g. Under this clause by sale it is understood that assets brought in or
transferred/sold within companies also belonging to the lessor's concern, shall
not be included.
Tenant's initials: Lessor's initials:
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CLAUSE IV PARAGRAPH C:
Contrary to what is laid down in Paragraph C of clause IV of the
General Terms and Conditions, the parties agree on the following: The words "or
his legal predecessor" shall be annulled.
CLAUSE V PARAGRAPH C:
Contrary to what is laid down in Paragraph C of Clause V of the General
Terms and Conditions, the parties agree on the following: the first line from
"Without" up to and including "lend", shall be annulled and replaced by the
following:
SUBLET
The tenant has obtained the lessor's permission to lend or sublet the property
hired wholly or partially to group companies, provided:
a. such group companies, are, in the lessor's judgement,
sufficiently solvent.
b. no regulations and conditions are stipulated with group
companies that are in conflict with those laid down in this contract.
c. the time of hiring in the sublet agreements coincides with the
time of hiring of this contract.
d. if the right involved is used, the tenant informs the lessor
of the names of the group companies and the conditions stipulated.
The lessor's consent shall not be refused for other than objectively
business-inspired reasons.
Tenant's initials: Lessor's initials:
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CLAUSE V PARAGRAPH E:
Contrary to what is laid down in Paragraph E of clause V of the
General Terms and Conditions, the parties agree on the following: Instead of
the first and second sentences shall be read:
The lessor grants permission to the tenant to provide advertisements
and/or signs on the following conditions and without prejudice to what is
otherwise stipulated in this tenancy agreement, namely:
- - if available, the plans and/or the specification on the subject shall be
submitted to the lessor for his approval;
- - the tenant shall ensure that the required licence(s) and/or exemption(s),
if required, are obtained; its/their refusal or withdrawal shall not at any
time cause the annulment or nullification of the tenancy agreement nor any
other action against the lessor; the tenant shall be liable to ensure that
in executing the works any pertinent requisites imposed or to be imposed
by the authorities are complied with;
- - any costs and risks, including the risk of underinsurance, connected with
the advertisements and/or signs to be provided to the property hired,
shall run for the tenant's account;
- - if, consequent upon the advertisements and/or signs provided, the premium
of the fire insurance of the property hired and/or properties adjoining
should be increased, such increase shall run for the tenant's account;
- - any damage c.q. consequential damage, maintenance, renewal, repairs and
liability claims of third parties with regard to the advertisements and/or
signs provided shall be for the tenant's rink and account;
- - the relevant advertisements and/or signs provided by the tenant in, to
and/or on the property hired, shall, on expiry of the tenancy (be causes
to) be removed by the tenant.
The 3rd sentence shall be read as follows "shall (fit) non relevant
aerials and piping on or to the property hired".
Tenant's initials: Lessor's initials:
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OF THE GENERAL TERMS AND CONDITIONS THE FOLLOWING CLAUSES SHALL NOT BE
APPLICABLE:
Clause I
Clause II Paragraph E:
Clause IX
Clause X
MADE in triplicate and signed on 19th December 1989.
TENANT: LESSOR:
Koninklijke Fabrick Inventur Stichting Pensioenfonds
B.V. Produktschappen Voednel-
voorsiening
sgd.: illegible sgd.: illegible
Nr N. de Jager Mr N.W. Dijkhuisen
-11-
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GENERAL TERMS AND CONDITIONS
I. GENERAL: lodged at the office of the court of Utrecht on 10th April 1984,
where registered under number 230/84.
The Lessor guarantees that the consent required for this tenancy
agreement has been obtained from the mortgagees.
II. RENT
A. The rent shall be paid in legal Dutch currency or by remittance into
a bank or Girobank account to be indicated by the lessor. Payment shall be made
such as to enable the lessor to dispose of the money latest on the due date of
the respective instalment of rent.
B. Whenever it is agreed that value added tax shall be charged, the
following shall apply;
_ The tenant irrevocably authorizes the lessor to lodge the petition, also in
his, the tenant's, name, referred to in subsection b, fifth, of paragraph 1
of section 11 of the 1968 Sales Tax Act, to the effect that value added tax
may be charged on the rent referred to in paragraph 1 clause 3 of the
tenancy agreement.
_ In the event the lessor proves that dismissal of the above petition is due
to the tenant, the rent shall be increased by the amount of value added tax
that would be payable if the petition had been granted.
The same shall apply if the petition is granted as at a later date than the
date asked for, albeit only for the period expiring on the date of
commencement of the taxed letting.
_ In the event the tenant proves that dismissal of the petition is due to the
lessor, the rent referred to in paragraph 1 of clause 3 of the tenancy
agreement shall not be increased by value added tax.
_ The value added tax due shall be paid simultaneously with the rent. In the
event of a sale of the property hired by the lessor, the new owner and
tenant shall be bound to what has been agreed between the lessor and the
tenant with regard to the value added tax, unless the new owner and tenant
should agree to the contrary.
Tenant's initials: Lessor's initials:
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c. The annual adjustment of the rent shall take place in accordance
with the modification of the price-index figure of family consumption, series of
wage-earning families having in 1985 a family income below the maximum wage
level for entitlement to national health insurance, fixed by the Central
Statistical Office on the most recent time basis. The new rent shall be obtained
each time by multiplying the current rent in force until the date of adjustment
of this ruling rent by a factor to be obtained by dividing the average
price-index figure of the calendar year preceding the date of adjustment of the
rent by the average price-index figure of the calendar year preceding the date
of commencement of the then prevailing rent and by rounding off the figure so
obtained to three decimal places.
Consequently, the new rent shall be: price-index figure for the calendar
year preceding the date of commencement of the new rent
prevailing rent X ____________________________________________________________
price-index figure for the calendar year preceding the date
of commencement of the rent in force.
D. If the Central Statistical Office suspends the announcement of the
said price-index figure or changes the basis of its calculation, a possibly
comparable index figure shall be applied.
In the case of difference of opinion on this matter, the willing party may ask
the Central Statistical Office for a judgment that shall be binding upon the
parties. Any expenses connected therewith shall be borne by the parties on a
fifty-fifty basis.
Tenant's initials: Lessor's initials:
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E. If either of the parties wants to make use of the power to revise
the rent, he shall notify the other party accordingly by registered letter with
acknowledgement of receipt latest six months prior to the date on which the
revision shall become effective. Failing the parties to come to an
understanding within two months from receipt of the notice referred to above,
the rent shall be fixed by three estate agents, members of the Dutch
Association of Estate Agents NVM. Of these three agents each party shall
nominate one within a fortnight from the date on which a party shall have
received a request to this end from the other party.
The third agent shall be nominated by these two agents within eight days from
their acceptance of the nomination. The judgment of third agent shall be
decisive failing agreement between the agents on the rent to be fixed.
Failing one of the parties to nominate an agent or failing both nominated agents
to agree on the nomination of a third agent, the willing party may ask the
nomination from the chairman of the Chamber of Commerce and Factories of the
district in which the estate is located, in the first instance of the two agents
and in the second instance of one agent. The agents' fees shall be borne by the
parties on a fifty-fifty basis. The agents shall issue their report within six
weeks from definite nomination.
III. SERVICE CHARGES
A. The amount payable by the tenant in advance for the additional
supplies and services may before the time specified be modified by the lessor
on the basis of a reasonable calculation.
Tenant's initials: Lessor's initials:
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B. The tenant shall be obliged to supply the lessor each year with a
specified summary of the expenses referred to in the preceding paragraph.
Any differential between the expenses actually incurred and the amounts
paid by the tenant by way of advance, shall be settled within one month from the
issue of the specified summary.
C. On giving notice to the tenant, the lessor may, if in the letter's
opinion there is a reason for it, extend, reduce or annul the supplies and
services both in terms of type and volume.
IV. THE PROPERTY HIRED
A. The tenant shall arrange to obtain licences and/or exemptions, if
required, for the conduct of business, while their cancellation or withdrawal
can never cause the tenancy agreement to be annulled or nullified nor any other
action against the lessor.
B. If the lessor and/or co-tenant(s) should be charged with a higher
premium for fire insurance in connection with the nature and/or conduct of
tenant's business, the tenant shall refund to the lessor and/or co-tenant(s)
such extra premium calculated in respect of the aggregate insured sum.
The lessor shall be free in fixing the sum to be insured, in electing the
insurance company/companies and in judging the fairness of the premium due.
C. Any taxes and duties due for items fitted by the tenant or his
legal predecessor, the property tax for account of factual use as well as the
costs of water consumption shall run for the tenant's account, even to the
extent that the assessments c.q. invoices are made out in the name of the
lessor.
D. In the event any alterations and/or changes to or in the property
hired are necessary, whether or not on the strength of regulations made by the
authorities, in connection with the purpose described in clause 6 of the tenancy
agreement, than the provisions under paragraph D of clause V shall apply, the
expenses involved being for the tenant's account.
Tenant's initials: Lessor's initials:
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V. THE USE
A. The tenant declares to be sufficiently familiar with the property
hired, not requiring any further description thereof. The lessor shall not be
liable for the consequences of apparent or latent defects of the property hired.
Such defects shall also include the defective functioning or failure to
function of the piping and installations serving for the supply and discharge
of heat, water and electricity.
B. The tenant shall use the property hired as a tenant should and in
conformity with the purpose stated in clause 6 of the tenancy agreement, while,
in addition, he shall, in line with this purpose, provide and keep it provided
with adequate inventory c.q. the required fittings and furniture. The tenant
shall not be free without written consent from the lessor, to change the
purpose of the property hired.
The tenant shall be obliged to take care that he, or any third party working
for his and/or any member of the household, causes no inconvenience to users of
the premises involved c.q. the adjoining premises. The tenant undertakes to
conduct his business as a tenant should.
C. Without the previous written consent of the lessor, the tenant
shall not have the property hired used, neither wholly nor partly, by any third
party or sublet it to any third party.
In the event the tenancy rights fall under an undivided estate, the transfer of
the tenancy rights, following allotment in the case of partition of property,
shall take place only with previous written consent of the lessor. The tenant
shall, without the previous written consent from the lessor, be prohibited from
bringing any tenancy right under the present contract into a company,
partnership and the like, or from making use of his tenancy rights in each
company or partnership.
Tenant's initials: Lessor's initials:
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D. The tenant shall not provide, change or remove anything in or to the
property hired, nor to the piping and discharge systems belonging to it, unless
with the previous explicit written consent of the lessor. The tenant shall be
liable to ensure that in carrying out the works, the pertinent requisites made
or to be made by the authorities are complied with, and also that any licences
required shall be obtained.
Whatever the tenant shall have provided, changed or removed in or to
the property hired, and this entirely for his own risk and account, shall be
left intact by him on expiry of the tenancy without the tenant's right to claim
any corresponding compensation from the lessor.
Any exception to this rule shall be valid only if, in granting the
consent referred to in the first sentence of this section, the lessor shall have
reserved his right to require the tenant, on expiry of the tenancy, to bring the
property hired in the condition in which it was on commencement of the tenancy
agreement.
E. The tenant shall not provide any advertisements or signs without
having obtained the explicit written consent of the lessor.
The lessor shall for himself and/or for third parties reserve the right
to provide advertisements to or on the property hired or the complex to which
the property hired belongs, to the extent that this shall not affect the
tenant's conduct of business c.q. causes him inconvenience.
Without the explicit written consent of the lessor, no aerials and
piping shall be provided on or to the property hired. The tenant shall forfeit
a penalty of NLG 250.-- for each day on which he maintains an aerial and/or
a pipeline without the previous written consent of the lessor.
The tenant shall ensure that no people are allowed on the roof and that
no objects are put on it.
No items shall be provided in or to the property hired that may cause
damage to it.
Tenant's initials: Lessor's initials:
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VI. MAINTENANCE AND REPAIRS
A. The tenant shall be obliged to continue keeping in proper state of
maintenance the object hired, including the sanitary jettings, which he has
accepted in good condition, with pipelines and discharge system, and to have the
chimneys swept for his account.
The tenant shall, for his own account, substitute as soon as possible
by quite identical new panes, all glass panes of the property hired, including
plate glass windows or shop-windows, which should break or be damaged during the
tenancy.
In the case of frost or snow the tenant shall take all steps to avoid
damage to the property hired or to property of any third party, in particular he
shall during frosty weather take all measures to prevent heating systems and/or
hot water plants (if and when available in the property hired), pipeline and
discharge systems from freezing. The tenant shall be liable for the proper and
professional maintenance and use of all facilities and installations existing in
or to the property hired.
B. The repairs referred to in section 1619 of the Civil Code as
running for the tenant's account shall also include those to door/window
furniture, sanitary fittings, electric installation and gas plant, awnings,
partition walls, ceiling covering, as well as ventilating and airconditioning
plant(s) and central heating system(s) (including the renewal of radiator
cocks).
In the event the lessor wants to institute investigations into the
advisability to have repairs carried out as referred to in clause 1591 of the
Civil Code, or if he wants to have such repairs prepared or carried out, or if
works have to be done on behalf of other tenants or occupants, the tenant shall
be obliged to give the lessor, or the person reporting to him in the name of the
lessor, as soon as possible but latest within 24 hours from receiving the notice
to be given to the tenant on the part of the lessor, access to this effect to
the property hired and to enable him to carry out the intended investigations
and/or the works deemed necessary by the lessor, without being entitled to make
any condition in this respect nor to require any consideration.
This shall hold good regardless of the duration of such works.
Tenant's initials: Lessor's initials:
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VII. DEFAULT
A. If the tenant, on written demand, is in default in the fulfilment of
any obligation imposed on him by the law, the local regulations and customs
and/or the present contract, the lessor shall be entitled to notify him to
terminate the tenancy forthwith before expiry, without giving any further notice
or judicial interposition to this effect being required, so far as permitted by
law. Alternatively, in the event of the above demand, such notification may
already take place conditionally, namely if such demand is ignored.
The costs of demand and notification shall run for the tenant's
account, the former also if on its receipt the tenant as yet complies with his
obligations.
B. The tenant shall be bound to compensate the lessor for any damage
sustained by the latter due to the default and/or the termination of tenancy
before expiry referred to above, without prejudice to both parties' obligation
to meet with any liability that should occur for each of them until the expiry
of the tenancy.
C. Any cost, both in and out of court, caused to the lessor by the
tenant's default against any of the clauses of this contract, shall run for the
tenant's account. Any extrajudicial costs running for the tenant's account,
shall, in the case of default in payment of the rent, be fixed by the parties
at at least 15% of the rent due for payment.
D. In the case of non-payment of rent the lessor shall be entitled,
without any demand and/or giving further notice being required, to charge an
interest of 1% per month (or part of a month) on the rent in arrears.
E. These stipulations shall leave intact the lessor's power to demand
at law, under the provisions of section 1302 of the Civil Code, annulment of
the tenancy agreement on the ground of default by the tenant, coupled with
indemnification and clearance of the property hired.
Tenant's initials: Lessor's initials:
-8-
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VIII. SECURITY AND/OR BANK GUARANTEE
A. The security c.q. bank guarantee shall serve as security:
- - for whatever the tenant, under the present contract or its extension, if
any, shall become due to the lessor or his successor(s) in title,
(including any indemnification to be for the tenant's account as well as
the interest and costs referred to in clause VII).
- - as well as for any financial damage sustained by the lessor in the case of
termination of the tenancy agreement before its expiry, due to the tenant's
bankruptcy, to the extent that no recovery against the tenant and/or the
estate shall be possible.
B. If during the currency of the tenancy agreement the lessor is forced
to call on the security c.q. bank guarantee, the tenant shall pay same up as
soon as possible but anyway within two weeks.
C. The bank guarantee shall remain valid until at least three months
from expiry of the tenancy agreement.
D. No interest shall be paid on the security.
E. The tenant shall not be entitled to require any amount due to the
lessor to be set off against the security.
F. On expiry of the tenancy, the clearance and the delivery, the lessor
shall fix as soon as possible the amount of his claims, and, so far as possible
after setting off same against the security, pay over the balance of the
security to the tenant, c.q. give his consent to the tenant to withdraw the bank
guarantee.
IX. DELIVERY
The tenant shall renounce the rights which he may enforce against the
lessor, in the event the latter is unable to place the property hired at the
tenant's disposal on the agreed date, provided this is due to any act or default
of a third party, if and to the extent that the lessor cannot reasonably be
blamed for this.
Tenant's initials: Lessor's initials:
-9-
21
X. APARTMENTS
A. If, at the time of concluding the present tenancy agreement, the
property hired forms part of a building belonging to a cooperative society or
being split up in apartments, the tenant undertakes to comply with any
commitment resulting from the use and the rules and/or regulations.
B. The tenant to be conversant with those rules and/or regulations and
to have received a copy thereof.
C. If, during the currency of the present tenancy agreement, the
building, of which the property hired forms part, comes into the ownership of a
cooperative society or is split up into apartments, the tenant undertakes to
comply with all corresponding commitments resulting from the rules and/or
regulations, to the extent that some shall not be contrary to the provisions of
the present tenancy agreement.
XI. TERMINATION OF THE TENANCY AND A POSSIBLE PURCHASE
A. For a period of twelve months prior to termination of the tenancy,
and also in the case of an intended private or public sale, and at any rate from
the date on which notice of termination of the tenancy agreement is given, the
tenant shall be obliged to permit the property hired to be inspected from 14.00
to 16.00 hours on every Tuesday and Thursday, alternatively, if local customs so
require, on two other days of the week and, in addition, on the date of the
public sale, as well as to permit notices of the public sale, selling or letting
boards or notices being put up.
B. On termination of the tenancy, the tenant shall be obliged to timely
vacate the property and, with due observance of clause V D, to place same in
good condition and properly cleaned at the lessor's disposal, as well as to hand
the keys over to the lessor.
C. If, on termination of the tenancy, the lessor should not receive the
keys in time, he shall be entitled to gain entrance into the property hired at
the tenant's expense, without prejudice to the tenant's obligation to indemnify
him for any damage that should occur due to this failure.
Tenant's initials: Lessor's initials:
-10-
22
D. Any items which the tenant should leave behind in the property hired
once the tenancy has expired, shall be deemed to have been abandoned by him to
the lessor.
The lessor shall be entitled to dispose of such items as his property,
without being required to pay any corresponding compensation to the tenant or
without being accountable to him in this respect, without prejudice to the
lessor's right to remove such items at the tenant's expense.
XII. DOMICILE
The tenant declares to continue electing domicile in the property hired
for any notices etc. which the lessor should wish to give in connection with the
execution of this agreement (including termination of the tenancy before expiry,
annulment and clearance).
Tenant's initials: Lessor's initials:
-11-
23
CHAMBER OF COMMERCE AND FACTORIES
FOR UTRECHT AND DISTRICT
FILE NUMBER; 1132 0
PAGE 1
IN THE REGISTER OF BUSINESS NAMES OF THE CHAMBER OF COMMERCE AND FACTORIES FOR
UTRECHT AND DISTRICT IS ENTERED UNDER NUMBER 1132 THE COMPANY UNDER THE STYLE OF
KONINKLIJKE FABRIEK INVENTUM B.V.
LEGAL FORM : PRIVATE COMPANY
NAME OF THE COMPANY : KONINKLIJKE FABRIEK INVENTUM B.V.
PLACE OF BUSINESS : DE BILT
DATE MEMORANDUM OF ASSOCIATION : 22ND MAY 1915
DATE LATEST MODIFICATION ARTICLES OF ASSOCIATION : 2ND MARCH 1982
AUTHORIZED CAPITAL : NLG 5,000,000
SUBSCRIBED CAPITAL : NLG 2,802,000
PAID-UP CAPITAL : NLG 2,802,000
ADDRESS OF THE COMPANY : LEYENSEWEG 101, 3721 BC BILTHOVEN
DATE OF ESTABLISHMENT OF THE COMPANY 22ND MAY 1915 :
2ND MARCH 1982.
DATE OF CONTINUATION OF THE COMPANY BY THE PRIVATE COMPANY :
2ND MARCH 1982.
DESCRIPTION OF BUSINESS:
MANUFACTURE OF INSTRUMENTS AND ELECTRIC DEVICES
PEOPLE EMPLOYED IN THE ENTIRE BUSINESS : CAT. 8 (100 UP TO AND INCLUDING 199
EMPLOYED PERSONS)
- --------------------------------------------------------------------------------
MANAGEMENT:
????, DE, NICOLAAS, N.SC., RESIDING AT VOORSCHOTEN, NADURONEG 4,
BORN AT ???, ON 7TH AUGUST 1940
OF DUTCH NATIONALITY
COMMENCED DUTIES ON : 15TH JANUARY 1989
TITLE OF THIS MANAGER : DIRECTOR
COMPETENT ALL BY HIMSELF (COMPETENT INDIVIDUALLY)
- --------------------------------------------------------------------------------
SUPERVISORY DIRECTORS:
(???) 20TH JANUARY 1989
24
CHAMBER OF COMMERCE AND FACTORIES
FOR UTRECHT AND DISTRICT
FILE NUMBER: 1132 0
PAGE 2
BRINK, VAN DEN, GIJSBERTUS, LL.M., RESIDING AT HILVERSUM, PARKLAAN 7; BORN AT
ZEIST, ON 3OTH MAY 1946 DUTCH NATIONALITY COMMENCED DUTIES ON: 26TH OCTOBER 1987
OFFICE: SUPERVISORY DIRECTOR
BRINKERT, JACOB WILLEM, M.SC., RESIDING AT LEUSDEN, GEULNIJK 12, BORN AT THE
HAGUE ON 15TH DECEMBER 1931 DUTCH NATIONALITY COMMENCED DUTIES ON: 15TH JANUARY
1989 OFFICE: SUPERVISORY DIRECTOR
- ---------------------------------------------------------------------
PERSON(S) HOLDING A POWER OF ATTORNEY:
???; HENDRIKUS, FREDERIKUS, ANTONIUS, RESIDING AT HUSSOM, JANSLAAN, ST. ??, BORN
AT HUSSUM ON 13TH JULY 1954 DUTCH NATIONALITY COMMENCED DUTIES ON: 7TH MARCH
1988 TITLE OF THIS DEPUTY MANAGER: HEAD OF FINANCIAL DEPARTMENT LIMITED POWER OF
ATTORNEY (SEE FILE OF REGISTER OF BUSINESS NAMES)
VALID ONLY IF PROVIDED BY THE CHAMBER WITH AN ORIGINAL SIGNATURE.
UTRECHT, 20TH JANUARY 1989
WE CERTIFY THIS TO BE A TRUE COPY
OF ITS ORIGINAL SEEN BY US
sgd.: illegible
25
FILE NUMBER 1132
CHAMBER OF COMMERCE AND FACTORIES
FOR UTRECHT AND DISTRICT
EXTRACT FROM THE REGISTER OF BUSINESS NAMES
APPENDIX WITH REGARD TO THE SUBSIDIARY ESTABLISHMENTS:
- ------------------------------------------------------
Trade name : Koninklijke Fabriek Inventum B.V.
Present business : Factory of instruments and electric devices.
Place of business : Wolvega, Weststellingwerf municipality,
Industrieweg 15.
Date of establishment : 15th July 1957.
Utrecht, 20th January 1989
WE CERTIFY THIS TO BE A TRUE COPY
OF ITS ORIGINAL SEEN BY US
agd.: illegible
Only valid if provided with an original signature.
26
[INSERT GRAPH 2]
27
ESBOUW
Inventum B.V. En/aj/8825/05
Postbus 4
3720 AA BILTHOVEN
Attention: Mr J.W. Brinkert
Re: Newbuilding office with industrial accommodation at Nieuwegein-Plettenburg.
Woarden, 15th January 1988
Dear Mr Brinkert,
Enclosed herewith is the summary of the additional work as discussed at
Bilthoven on 16-12-1988, on which we already had a preliminary discussion with
the investor and on which which we have offered.
The offer now in the hands of the investor includes the following additional
works:
Architectural
Amendment plan in respect of our offer
dated 16-06-1988, according to drawing 88027-D0-1
dated 14-12-1988, including additional costs
Extra rent totalling NLG 34,500.00
Installations (excl. transformers c.a.)
Electrical equipment connection machinery,
mechanical exhaustion and pickling shop,
extension central heating system in connection
with several rooms, higher temperatures and
extra groups.
Provisional sum plumbing and electrics on
behalf of the laboratory in the amount of
NLG 16,500.-- excluding V.A.T.
Triple mechanical ventilation top cooling
prepared by means of empty cooler section.
Drawings and calculations installation
consultant.
Extra rent totalling NLG 29,500.00
Total extra rent architecture and installation NLG 64,000.00
28
E S B O U W
The total rent excluding acquisition of extra land:
offer dated 16th June 1988 NLG 216,000.00 excl.v.a.t.p.a.
additional work dated 16th Dec.1988 NLG 64,000.00 excl.v.a.t.p.a.
--------------
Total rent NLG 280,000.00 excl.v.a.t.p.a.
The acquisition of about 1,555 m2 of extra land will entail, as indicated in the
letter of intent dated 15th December 1988, an extra rent of NLG 24,750.--
excl.v.a.t.p.a.
As advised by us on 16-12-1988, any extra regulations to be imposed by the
authorities and/or public utilities, and also any additional requirement on your
part, both from an architectural and installation-technical point of view, have
not been included.
On acceptance of the aforegoing by the investor, the latter will conclude a
tenancy agreement with you, with due observance of the above letter of intent.
The building scheme has already been lodged by us with the municipal authorities
for the purpose of obtaining the building licence.
We trust that the above information will be satisfactory for your purpose and
will visit you at 09.00 hours on 27th January 1989 for a co-ordinating meeting.
Yours faithfully,
Esbouw Projectmanagement B.V.
sgd.: illegible
H. Esschandal
-2-
29
E S B O U W
Inventum B.V. Es/aj/8825/08
Postbus 4
3720 AA BILTHOVEN
Attention: Mr J.B.A. van Wijk
Re: Newbuilding industrial building Inventair at Nieuwegein.
Woarden, 12th April 1989
Dear Mr van Wijk,
With reference to our statement made during the meeting of 16th December 1988
that the amendments required by you, as reproduced on the drawing no. 88027-DO-1
dated 14-12-1988, had still to be looked into by our designer to establish their
consequences, we have now pleasure in enclosing the construction drawings no.
88290 pages A and B dated 16-03-89 and 15-03-1989.
Due to the changed column lay-out in connection with the routing and machine
scheduling as well as the addition of the extra intermediate floors and the
fitting of a roof structure on behalf of the mechanical ventilation, the
quantity of steel has increased by approximately 35,000 kilos.
The extra charge involved will in terms of annual rent amount to NLG 8,850. -
excluding V.A.T.
We Trust that the above information will be sufficient for your purpose.
Yours faithfully,
Esbouw Projectmanagement B.V.
egd.: illegible
H. Esschandal
c.c.: SPPV, Mr. N.W. Dijkuizen.
30
Appendix belonging to the tenancy agreement between
1. STICHTING PENSIOENFONDS PRODUKTSCHAPPEN VOEDSELVOORZIENING, to be
named hereinafter the lessor, and
2. KONINKLIJKE FABRIEK INVENTUM B.V., to be named hereinafter the
tenant, dated 15th December 1988 covering the office/ industrial building to be
developed, together with the adjoining building plot of about 1,555 m2 surface
in the zoning plan Plattenburg-De Wiers at Nieuwegein, sufficiently well known
to the parties.
Whereas:
- - a purchase contract was signed on 19th December 1988 between the lessor and
the Nieuwegein municipality with regard to a plot of industrial premises of
about 4,255 m2, located in the zoning plan Plattenburg -De Wiers, known as
Jutphaas municipality, section D, nr. 1881 and 1882 (partially), on part of
which the aforesaid office/industrial building will be errected;
- - the following commitments imposed by the municipality are applicable to the
present tenancy agreement, for which reference is made to the aforesaid
purchase contract, in which, among other things, it is stated verbally as
follows:
Clause 9 (use):
The purchased property, including the completed buildings referred to
under a of clause B, shall be used exclusively for the exercise of industrial
purposes.
Tenant's initials: Lessor's initials:
31
CLAUSE II (tolerating commitment):
The purchaser shall accept that piles, cables, wires, insulators,
rosettes, designatory boards and pipelines for public purposes are fitted and
maintained on, in, at or over the purchased property and the buildings to be
erected on it, in places where and the manner in which manner the mayor and
aldermen shall deem it necessary; regarding the said places and in which manner
previous consultations shall be held with the purchaser. The purchaser shall be
obliged to leave intact whatsoever is fitted on the strength of this
stipulation.
CLAUSE 12 (rights in rem):
The parties undertake to mutually grant, in the notarial deed of
conveyance c.q. by separate instrument(s), the power of attorney to create any
such easement c.q. right in rem, including those referred to in subsection b,
paragraph 3, section 5 of Hindrance Act Private Law, at the expense of/to the
benefit of the adjoining premises remaining the property of the municipality,
c.q. the sold property, which easements c.q. rights in rem are deemed necessary
by the municipality c.q. the purchaser, among other things, due to the nature,
location and construction of the building complex.
CLAUSE 14 (parking):
For his own use and for visitors the purchaser shall - without
prejudice to what is laid down in this respect in the municipal building law -
realize and maintain on his own premises, built-in or built-out, adequate
parking places. Discharging and loading and any other forwarding activities
shall take place on his own premises.
Tenant's initials: Lessor's initials:
32
CLAUSE 16 (retail trade):
The purchaser undertakes towards the municipality not to afford facilities on
the property purchased or part of it, for performing any acts of retail trade
nor for causing them to be performed. By acts of retail trade shall be
understood: to offer for sale, including sales display, to sell and/or supply
goods, in the ordinary course of business, to the ultimate consumer and/or user.
CLAUSE 17 (perpetual clauses):
a. Unless the mayor and aldermen have permitted to deviate from what is
laid down in this clause, any clause of this agreement, in so far as such clause
has not lost its effect by its nature and currency, shall be imposed with each
whole or partial alienation of the property purchased and of the buildings to be
erected on it, each creation of real rights of enjoyment on it, each letting and
giving the free use, in favour of any successor in ownership or claimant of the
real right of enjoyment, on pain of a penalty up to the amount of the purchase
money, payable by the offender to the municipality forthwith, without any notice
of default or judicial interposition being required, by the mere fact of a
default against or non-compliance with such clause, all this in favour of
Nieuwegein municipality, which accepts these clauses already now for then and
expresses to insist on their observance.
Such amount shall be paid within a fortnight from receiving a written
demand to this effect from the mayor and aldermen, an the understanding that at
no time any explicit notion giving shall be required.
b. All conditions stipulated above together with this clause shall
continue to apply also to reconstruction and repairs of the property sold to
the extent that such time the conditions are still in force.
Tenant's initials: Lessor's initials:
33
CLAUSE 18 (penalty clause):
In the case of non-compliance with or default against of the clauses of
this purchase contract or of the instruments resulting therefrom, the mayor and
aldermen of Nieuwegein municipality may impose upon the purchaser c.q. his
successors in title a penalty of NLG 10,000.-- (ten thousand guilders) for each
default or non-compliance and of NLG 1,000.-- (one thousand guilders) for each
day or apart of a day on which such default or non-compliance continues, without
any notice giving or demand being required , by the mere fact of such default or
non-compliance, without prejudice to the municipality's right to demand
compliance and indemnification over and above the penalties.
The penalty shall be due and payable forthwith and shall be forfeited
by the mere fact of the non-compliance or default itself or by the mere expiry
of the period of time stipulated, without any notice giving being required, all
this without prejudice to the right to demand repairs, modification or removal
of what has taken place contrary to what is laid down in this contract; in case
the municipality's demand for repairs or removal is not fulfilled within the
period of time fixed by the mayor and aldermen in a notice issued to this
effect, the required repairs, modification or removal of what has taken place
contrary to what is laid down in this contract; in case the municipality's
demand for repairs or removal is not in a notice issued to this effect, the
required repairs, modification or removal may, without prejudice to what is
stipulated on the strength of the aforegoing, be affected by or on behalf of the
municipality, at the expense of the offender or his successors in title, and his
premises and buildings may be entered upon to this effect by persons designated
by the mayor and aldermen for the purpose.
Tenant's initials: Lessor's initials:
34
THE PARTIES DECLARE THE FOLLOWING:
1. The lessor declares to impose on the tenant all clauses stated above
and to commit the latter to punctual observance of these clauses towards
Nieuvegein municipality.
2. The tenant declares to be familiar with the clauses referred to and
to consider them as forming an integral part of the tenancy agreement and to
undertake punctual observance thereof towards Nieuwegein municipality, and the
lessor, now acting as voluntarily looking after the interests of Nieuwegein
municipality, accepts the aforegoing for and on behalf of this municipality.
MADE in triplicate and signed on 19th December 1989.
LESSOR: TENANT:
Stichting pensionfonds Koninklijke fabriek
produktschappen voedsel- Inventum B.V.
voorziening
sgd.: illegible sgd.: illegible
Mr. N.W. Dijkhuizen Mr. N. de Jager, M.Sc.
35
_______________________________________________________________________________
B & F PROPERTY MANAGEMENT B.V.
_______________________________________________________________________________
Inventum
Postbus 4
3720 AA BILTHOVEN
Amsterdam, 2nd September 1992
Re: adjustment rent Parkerbaan, of Nieuwegein.
Dear Sirs,
In accordance with what is laid down in the tenancy agreement signed with you in
respect of the above object, the rent will be adjusted every year on 1st
December on the basis of the price-index figure of family consumption, series of
wage-earning families, as published by the Central Statistical Office.
Proceeding from the clause included in the tenancy agreement we have calculated
the new yearly rent as follows:
- - index figure calendar year 1991 - 107.7 (1985=100)
- - index figure calendar year 1990 - 103.7 (1985=100)
New rent: 107.7/103.7 - 1.039 x NLG 336,456.17 = NLG 349,577.96
Per quarter: NLG 87,394.49.
The next rent invoices will be based directly on the new yearly rent.
We trust that our information is sufficient for your purpose.
Yours faithfully,
sgd.: illegible
B & F PROPERTY MANAGEMENT B.V.
36
APPENDIX belonging to the tenancy agreement between
1. STICHTING PENSIOENFONDS PRODUKTSCHAPPEN VOEDSELVOORZIENING, to be
named hereinafter the lessor, and
2. KONINKLIJKE FABRIEN INVENTUM B.V., to be named hereinafter the
tenant, dated 15th December 1988 covering the office/industrial building to be
developed, together with the adjoining building plot of approximately 1,555 m2
surface, in the zoning plan Plettenburg-De Wiers at Nieuwegein, sufficiently
well known to the parties.
WHEREAS:
- -- a purchase contract was signed on 19th December 1988 between the lessor and
Nieuwegein municipality with regard to a plot of industrial premises of
about 4,255 m2, located in the zoning plan Plettenburg-De Wiers, known as
Jutphaas municipality, section D, nr. 1881 and 1882 (partially), on part of
which the aforesaid office/industrial building will be erected;
- -- the following commitments imposed by the municipality are applicable to the
present tenancy agreement, for which reference is made to the aforesaid
purchase contract, in which, among other things, it is stated verbally as
follows:
CLAUSE 9 (use):
The property purchased, including the completed buildings referred to
under a of clause 8, shall be used exclusively for the exercises of industrial
purposes.
Tenants's initials: Lessor's initials:
37
CLAUSE II (tolerating commitment):
The purchaser shall accept that piles, cables, wires, insulators,
rosettes, designatory boards and pipelines for public purposes are fitted and
maintained on, in, at or over the purchased property and the buildings to be
erected on it, in places where and the manner in which the mayor and aldermen
shall deem it necessary; regarding the said places and in which manner previous
consultations shall be held with the purchaser. The purchaser shall be obliged
to leave intact whatsoever is fitted on the strength of this stipulation.
CLAUSE 12 (rights in rem):
The parties undertake to mutually grant, in the notarial deed of
conveyance c.q. by separate instrument(s), the power of attorney to create any
such easement c.q. right in rem, including those referred to in subsection b,
paragraph 3, section 5 of Hindrance Act Private Law, at the expense of/to the
benefit of the adjoining premises remaining the property of the municipality,
c.q. the sold property, which easements c.q. rights in rem are deemed necessary
by the municipality c.q. the purchaser, among other things, due to the nature,
location and construction of the building complex.
CLAUSE 14 (parking):
For his own use and for visitors the purchaser shall - without
prejudice to what is laid down in this respect in the municipal building law -
realize and maintain on his own premises, built-in or built-out, adequate
parking places. Discharging and loading and any other forwarding activities
shall take place on his own premises.
Tenant's initials: Lessor's initials:
38
CLAUSE 16 (retail trade):
The purchaser undertakes towards the municipality not to afford
facilities on the property purchased or part of it, for performing any acts of
retail trade nor for causing them to be preformed.
By acts of retail trade shall be understood: to offer for sale,
including sales display, to sell and/or supply goods, in the ordinary course of
business, to the ultimate consumer and/or user.
CLAUSE 17 (perpetual clauses):
a. Unless the mayor and aldermen have permitted to deviate from what is
laid down in this clause, any clause of this agreement, in so far as such clause
has not lost its effect by its nature and currency, shall be imposed with each
whole or partial alienation of the property purchased and of the buildings to be
erected on it, each creation of real rights of enjoyment on it, each letting and
giving the free use, in favour of any successor in ownership or claimant of the
real right of enjoyment, on pain of a penalty up to the amount of the purchase
money, payable by the offender to the municipality forthwith, without any notice
of default or judicial interposition being required, by the mere fact of a
default against or non-compliance with such clause, all this in favour of
Nieuwegein municipality, which accepts these clauses already now for then and
expresses to insist on their observance.
Such amount shall be paid within a fortnight from receiving an written
demand to this effect from the mayor and aldermen, on the understanding that at
no time any explicit notice giving shall be required.
b. All conditions stipulated above together with this clause shall
continue to apply also to reconstruction and repairs of the property sold, to
the extent that at such time the conditions are still in force.
Tenant's initials: Lessor's initials:
39
CLAUSE 18 (penalty clause):
In the case of non-compliance with or default against any of the
clauses of this purchase contract or of the instruments resulting therefrom, the
mayor and alderman of Nieuwegein municipality may impose upon the purchaser e.g.
his successors in title a penalty of NLG 10,000. -- (ten thousand guilders) for
each default or non-compliance and of NLG 1,000. -- (one thousand guilders) for
each day or part of a day on which such default or non-compliance continues,
without any notice giving or demand being required, by the mere fact of such
default or non-compliance, without prejudice to the municipality's right to
demand compliance and indemnification over and above the penalties.
The penalty shall be due and payable forthwith and shall be forfeited
by the mere fact of the non-compliance or default itself or by the mere expiry
of the period of time stipulated, without any notice giving being required, all
this without prejudice to the right to demand repairs, modification or removal
of what has taken place contrary to what is laid down in this contract; in case
the municipality's demand for repairs or removal is not fulfilled within the
period of time fixed by the mayor and alderman in a notice issued to this
effect, the required repairs, modification or removal may, without prejudice to
what is stipulated on the strength of the aforegoing, be effected by or on
behalf of the municipality, at the expense of the offender or his successors in
title, and his premises and buildings may be entered upon to this effect by
persons designated by the mayor and alderman for the purpose.
Tenant's initials: Lessors' initials:
40
the parties declare the following:
1. The lessor declares to impose on the tenant all clauses stated above
and to commit the latter to punctual observance of these clauses towards
Nieuwegein municipality.
2. The tenant declares to be familiar with the clauses referred to and
to consider them as forming an integral part of the tenancy agreement and to
undertake punctual observance thereof towards Nieuwegein municipality, and the
lessor, now acting as voluntarily looking after the interests of Nieuwegein
municipality, accepts the aforegoing for and on behalf of this municipality.
MADE in triplicate and signed on 19th December 1989.
Lessor: Tenant:
Stichting pensioenfonds Koninklijke fabriek
produktschappen voedsel- Inventum B.V.
voorsiening
sgd.: illegible sgd.: illegible
Mr N.W. Dijkhuizen Mr N. de Jager, M.Sc.
41
19/12/1989
Additional works/reduced amount of works
Rear/minsferaerken SPPV/inventum
Inventum SPPV SPPV Inventum SPPV SPPV
in huur niet in huur in huur niet in huur
on hire not on hire on hire not on hire
_______________________________________________________________________________
SB 1 (1,178.00) SB 1 40,434.00
2 11,598.00 2 7,186.00
3 64,900.00 3 23,128.00
4 6,930.00 4,213.00 4,214.00 4 14,170.00
5 3,252.00 5 0.00
6 0.00 0.00 6 4,711.00
7 0.00 0.00 7 16,716.00
8 9,749.00 8 24,268.00
9 0.00 9 18,264.00
10 9,749.00 10 2,342.00
11 6,996.00 11 1,926.00
12 35,739.00 12 3,873.00
13 (8,847.00) 13 11,584.00
14 (1,249.00) 14 11,688.00
15 (3,600.00) 15 214.00
16 1,449.00 16 4,546.00
17 1,400.00 17 6,375.00
18 1,320.00 18 15,827.00
19 3,000.00 19 10,089.00
20 11,034.00 20 3,599.00
21 16,956.00 21 7,472.00
22 576.00 22 0
23 3,079.00 23 0
24 2,950.00
25 0
=================================== =====================================
SVG 83,167.00 191,449.00 4,214.00 SVG 216,497.00 11,688.00 0.00
(Totalling) latest 279,844.00 123,137.00 4,214.00
Rate of rent increase Nsurverhogingspercentage 9.99 11,002.53
Modification of plan Plemuljziging 64,000.00
Modification of construction Konstruktiouijziging 8,850.09
--------- excl. btw
Yearly rent adjustment Rewreamposing par jaar 83,932.33
Basic rent per year Insiskuur per jaar 214,000.00
Land Bread 24,750.00
----------
per year excl. V.A.T. 327,682.33 per jaar excl. btw
per quarter excl. V.A.T. 87,170.50 per tuartusi excl. btw