Sample Business Contracts
Netherlands-Lijnden-Tokyostraat 27-33 Lease - TUG Vastgoed BV and Biogen Idec BV
Lease Forms
- Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
- When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
- Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
- Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
- When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.
LEASE AGREEMENT FOR OFFICE SPACE and other premises subject to section 7:230a of the Dutch Civil Code (ROZ)
in short: reference is made to the model contract laid down by the Council for Real Estate Matters in July 2003.
The undersigned:
TUG Vastgoed B.V., with its offices at Wimbledonpark 251, 1185 XJ Amstelveen, hereby duly represented by Mr Majer Tugendhaft,
hereinafter referred to as "Lessor,
and
Biogen Idec B.V., with its offices at Robijnlaan 8, 2132 WX Hoofddorp, registered in the Commercial Register in Amsterdam under file number 33193965, hereby duly represented by Mr Tim Kelly,
hereinafter referred to as "Lessee,
have agreed to the following:
Property, purpose
1.1. | Lessor lets to Lessee and Lessee leases from Lessor a total lettable floor area of approx. 9,015 sq.m. office space and warehouse space, as well as 140 parking spaces (see article 8.1 of this lease agreement (the "Lease Agreement), hereinafter referred to as the Leased Space, locally known as office building Palmcourt, Tokyostraat 27-33 in Lijnden, recorded in the Land Register as Municipality Haarlemmermeer, section H, number 10372, further indicated on the drawing of the Leased Space (see appendix 1) and a statement of completion (proces verbaal) concerning delivery, in which statement it is indicated which installations and other facilities do and which installations and other facilities do not form a part of the Leased Space and in which a description of the state of the Leased Space is given, eventually supplemented with photographs, which form a part of this agreement, attached to this deed and certified by the parties. Reference is made to the last sentence of article 8.3 of this Lease Agreement. | |||
1.2. | The Leased Space may be used exclusively by or on behalf of Lessee as office space, warehouse space and parking spaces respectively. | |||
1.3. | Lessee is not allowed to put the Leased Space to any other use than that described in 1.2 without the prior written permission of Lessor. | |||
1.4. | The highest permissible load on the floors of the Leased Space is |
| for the warehouse space: 1.500 kg per sq.m. | |
| for the office space: 400 kg per sq.m. |
Conditions
2.1. | The general conditions for the leasing of office premises and other business premises subject to section 7:230a of the Dutch Civil Code, deposited at the office of the District Court of The Hague on 11 July 2003 and registered under number 72/2003, hereinafter referred to as the General Conditions, form part of this Lease Agreement (see appendix 2). The parties are fully informed of these General Conditions. Lessor and Lessee have received a copy of these General Conditions. | |||
2.2. | The General Conditions referred to in 2.1 are applicable except in so far as the conditions as mentioned below expressly deviate from them or applicability in relation to the Leased Space is not possible. |
Duration, extension and termination
3.1. | This Lease Agreement is entered into for the period of 10 years, commencing on 1 September 2004 and consequently ending on 31 August 2014. | |||
3.2. | Following the expiry of the period referred to in 3.1, this lease unless notice is given by Lessee will be extended for a contiguous period of 5 years, that is up to and including 31 August 2019. | |||
3.3. | Termination of this Lease Agreement will take place by giving notice as from the expiry date of a lease period, therefore as per 31 August 2014 or as per 31 August 2019, but with observance of article 3.2 and with due observance of a period of notice of at least 18 months. | |||
3.4. | Termination of this Lease Agreement may only occur by means of a writ or by registered letter. |
Payment obligations, period of payment
4.1. | The initial rent of the Leased Space (Tokyostraat 27-29, Tokyostraat 31-33 (both including parking spaces) and atrium) amounts to an annual sum of 1,200,000 (in words: one million two hundred thousand euros). | |||
4.2. | The parties agreed that Lessor will charge Lessee VAT on the rent. | |||
If it is agreed upon that VAT will not be charged on the rent, Lessee is due to pay in addition to the rent a separate compensation to Lessor, thus that Lessor respectively its successor(s) in title will be entirely compensated for damages resulting from the fact that VAT on Lessors investments and costs operation of the Leased Space will not or no longer be deductible. That stated in 19.1 up to and including 19.9 General Conditions does not apply in such case. |
4.3. | If it has been agreed that VAT will be charged on the rent it is agreed with reference to directive VB99/571 of the State Secretary of Finance dated 24 March 1999 that Lessor and Lessee will not submit a joined request opting for a taxed lease. By signing this Lease Agreement Lessee explicitly declares also for the benefit of Lessors successor(s) in title that Lessee uses and will continue to use (or have used) the Leased Space for purposes which are entirely or practically entirely subject to the right of deduction of VAT under article 15 of the Act of The Netherlands on Value Added Tax 1968. | |||
4.4. | Lessees financial year runs from 1 January up to and including 31 December. | |||
4.5. | The rent will be adjusted annually on 1 January, for the first time on 1 January 2006 and so on in accordance with 9.1 up to and including 9.4 of the General Conditions. | |||
4.6. | The payment for additional supplies and services to be provided by Lessor will be determined in accordance with 16 of the General Conditions. A system of advance payments with settlement at a later date will be applied to this payment, as stipulated in the General Conditions. | |||
4.7.1. | Lessees payment obligation consists of: | |||
the rent; | ||||
the VAT due on the rent in case parties have agreed upon a taxed lease; | ||||
the advance payment for additional supplies and services and the VAT thereon. | ||||
4.7.2. | If the lease may no longer be a taxed lease where parties had agreed upon a taxed lease Lessee is no longer obliged to pay VAT on the rent. In such case the amounts of compensation referred to in 19.3.a of the General Conditions apply and will replace the VAT and the compensation as referred to in 19.3.a under I is assessed at to be discussed at such moment by the parties. | |||
4.8. | For each term of payment of 3 calendar months, the following amounts apply on commencement of the lease with respect to Tokyostraat 27-29, Tokyostraat 31-33 (both including parking spaces) and atrium: |
| | the rent | 300,000.00 | |||
| | the VAT due on the rent | 57,000.00 | |||
| | the advance payment for additional supplies and services rendered by or on behalf of Lessor and the VAT due thereon | 26,819.63 | |||
| ||||||
| Total amount | 383,819.63 |
(in words: three hundred eighty three thousand eight hundred nineteen euros and sixty three eurocents). | ||||
4.9. | With a view to the date of commencement of this lease, the first term of payment relates to the period from 1 September 2004 up to and including 31 December 2004 and the amount payable for this period is 44,694.42 (in words: forty four thousand six |
hundred ninety four euros and forty two eurocents) (see article 8.7 and 8.10 of this Lease Agreement). This amount is inclusive of VAT, also where it concerns VAT on the rent, but only if Lessee owes VAT on the rent. Lessee will pay this amount before or on 1 September 2004. | ||||
4.10. | The payments to be made by Lessee to Lessor under this Lease Agreement will be due in a lump sum in advance, in successive terms of payment as referred to in 4.8 and must have been made in full before or on the first day of the period to which the payments apply. | |||
4.11. | Unless mentioned otherwise, all amounts mentioned in this Lease Agreement, and the General Conditions forming a part thereof, are exclusive of VAT. |
Supplies and services
5.1. | The parties agree that the following additional supplies and services will be provided by or on behalf of Lessor: |
| heat supplies by means of central heating | |||
| water supply inclusive standing charge | |||
| maintenance and periodic control of the heating and cooling installations | |||
| maintenance and periodic control for fire detection and security | |||
| maintenance and periodic control for lift installations | |||
| maintenance and periodic control for automatic barrier car park | |||
| maintenance of garden, atrium and outside area | |||
| cleaning costs of the common areas, glazing (indoor and outdoor), terraces, parking places and/or grounds | |||
| insurance premium external glazing | |||
| administration costs of 5% on the above-mentioned supplies and services |
Bank guarantee
6. | Not applicable (see article 8.9 of this Lease Agreement). |
Property management
7.1. | Until Lessor announces otherwise, the management of the property will be carried out by Lessor. | |||
7.2. | Unless agreed in writing otherwise, Lessee will consult the manager on the contents of and all matters relating to this Lease Agreement. |
Special conditions
8.1 | The Leased Space | |||
Parties note that the numbers of the building wings as set out in the rent proposal signed by both parties and dated 19 July 2004, were not correct. Parties |
acknowledge the correctness of the numbers of the buildings as set out in this Lease Agreement. | ||||
Parties agree that the Leased Space as mentioned in article 1.1 consists of: |
Tokyostraat 31-33: |
Office space: | ||
Ground floor: | 416.6 sq.m. | |
1st floor : | 375.6 sq.m. | |
2nd floor : | 394.1 sq.m. | |
3rd floor : | 405.2 sq.m. | |
Total : | 1,591.5 sq.m. | |
Warehouse space: | ||
Ground floor: | 2,168.1 sq.m. | |
1st floor : | 151.9 sq.m. | |
Total : | 2,320.0 sq.m. |
70 parking spaces, of which 58 on the roof of the building and 12 on the parking area in front of the building. The parking spaces located at the roof are closed off by an entrance security system. | ||||
Tokyostraat 27-29: |
Office space: | ||
Ground floor: | 373.8 sq.m. | |
1st floor : | 477.7 sq.m. | |
2nd floor : | 466.5 sq.m. | |
3rd floor : | 390.2 sq.m. | |
Total : | 1,708.2 sq.m. | |
Warehouse space: | ||
Ground floor : | 2,140.4 sq.m. | |
1st floor : | 370.6 sq.m. | |
Total : | 2,511.0 sq.m. |