LEASE AGREEMENT FOR NON-RESIDENTIAL PREMISES

Transcription

1 Landlord Name: FörvaltningsAB Tegelbacken Personal ID/Company Registration No: Tenant Address of the premises etc. Use of the premises Condition of the premises The size and extent of the premises Name: Man gal Restaurang Gruppen AB Billing address: Sollentunavägen 165 D, Postfack 2569, Sollentuna Municipality: Stockholm Street: Vasagatan 6 The premises and appurtenant spaces are let to be used for: Restaurant with bar Use has been described in detail in attached specification. The premises are let in as-is condition. Property designation: Snäckan 7 Stairs/Building: Ground floor In the attached record of inspection and action to be taken is a description of the condition of the premises on the signing of this agreement and, where relevant, information on who should have taken care of and paid for rectification of defects and agreed alterations on the date of taking possession. Personal ID/Company Registration No: Apartment No: Type of area Floor Approx sq. m. 2 Type of area Floor Approx sq. m 2 Shop/Restauran GF 214 Sid 1 ( 5 ) Term of lease Period of notice of termination/ extension Rent If the area stated in the agreement deviates from the actual area, the deviation does not entitle the tenant to any repayment or reduction of rent or the landlord to any increased rent. The extent of the leased premises is set out in the attached plan(s). Car access for loading and unloading From and including: 15/04/2014, see Appx 2 Place for sign Place for display vending machine Parking space(s) for 1 car(s) Until and including: 30/04/2019 Garage space(s) Termination of this agreement shall be given in writing at least 9 months before the end of the agreed term of lease. Otherwise the agreement is extended each time by 3 year months SEK Approx , see Appx 2 per year excluding the supplements marked below See Appx 2 Index clause Changes to above-stated rent shall be effected pursuant to the attached index clause. Real estate tax Real estate tax is paid for in accordance with attached real estate tax clause. Real estate tax is included in rent. Provision of and payment for electricity, water and sewerage, heating, hot water, cooling and ventilation Meter The landlord provides/procures for car(s) electricity water and sewerage heating hot water cooling ventilation Payment: Electricity The tenant has own Water and sewerage The tenant has own Heating The tenant has own Hot water The tenant has own Cooling The tenant has own Ventilation If the tenant is to have own contract in accordance with above and there is no meter, installtion and payment for required meter is to be carried out by the landlord the tenant The Swedish Property Federation form no. 12B.2 prepared 2008 in consultation with The Swedish Association of Public Housing Sign Companies, The Swedish Trade Federation and The Swedish Hotel and Restaurant Association. Revised Copying prohibited. Sign

2 Waste handling To the extent the landlord is liable to provide space for (i) storage of waste, (ii) arrange removal of waste, the tenant is responsible for placing waste in the designated container/space and to assist, without compensation, in any further sorting of waste which the landlord may decide upon. The tenant is responsible for, and shall pay for, removal of waste deriving from the business which the tenant carries out on the premises (it is, however, incumbent upon the landlord to provide waste containers and requisite space for such). into and maintain a contract with a waste disposal operative regarding removal of waste. The landlord coordinates removal of waste for several tenants businesses on the property. The tenant shall pay to the landlord a rental supplement compensation for the tenant s share of the cost of waste removal. The premises share of this cost shall be deemed to Cleaning of stairs Snow clearance and gritting Unforeseen costs Value-added tax Tenant s VAT liability Landlord s VAT liability Payment of rent Interest, payment reminder Impact on environment Building material specifications Inspections Access to certain spaces be percent. At the signing of this agreement, the rental supplement amounts to SEK per year. The cost for removal of waste deriving from the business which the tenant carries out on the premises is included in the rent. Other agreement in accordance with appendix. included in rent to be arranged for and paid for by tenant other agreement in accordance with appendix included in rent to be arranged for and paid for by tenant other agreement in accordance with appendix 2 Where, following the execution of this agreement, unforeseen increases in costs arise in relation to the property as a consequence of: a) the introduction of, or increases in taxes, charges or duties levied specifically on the property as a result of decisions taken by parliament, government, municipalities, or other relevant authorities, b) general rebuilding measures or suchlike in respect of the property which do not relate solely to the premises and which the landlord is obliged to execute as a result of decisions of the parliament, government, municipalities, or other relevant authorities the tenant shall, commencing at the time of the cost increase, reimburse the landlord in relation to that proportion of the total annual increase in costs for the property represented by the premises. The proportion represented by the premises is percent. Where the proportion has not been indicated, it shall be comprised of that proportion of the total rents for premises (excluding any value-added tax) represented by the tenant s rent (excluding any value-added tax) at the time of the increase in costs. In respect of unlet premises, the market rent for the premises shall be estimated. 'Taxes' in accordance with a) above does not refer to value-added tax and real estate tax to the extent that reimbursement in respect of this is paid as per agreement. Unforeseen costs means such costs as were not decided upon by the authorities as set forth in sections a) and b) at the inception of the agreement. Reimbursement shall be paid in the same manner as set forth below for rental payments. The tenant will on the premises carry out business for which VAT is payable. The tenant will on the premises not carry out business for which VAT is payable. The owner of the property/landlord is liable for VAT on letting of premises. In addition to rent, the tenant shall on each occasion pay the VAT currently applicable. If the owner of the property/landlord chooses to become liable for VAT on letting of premises, the tenant shall on each occasion in addition to the rent pay the VAT currently applicable. The VAT, which is to be paid at the same time as the rent, is calculated on the stated rental amount and where applicable on supplemental charges and other reimbursements paid in accordance with the agreement, pursuant to the rules applicable at the time in respect of VAT payable on rent. If, as a result of the tenant s independent actions such as subletting of all or part of the premises (including subletting to own company), or assignment, the landlord is liable for adjustment of VAT under the provisions in the VAT act, the tenant shall fully compensate the landlord for its loss of a right to deduct VAT. Further, the tenant shall pay compensation for the increase in costs which arise from the action of the tenant and which follows from the landlord s loss of a right to deduct input VAT on running costs. The rent shall be paid in advance without prior demand, no later than the last working day prior to the commencement of each calendar month each calendar quarter by direct transfer to either of following accounts: PlusGiro no: BankGiro no: If payment of rent is late, the tenant shall pay interest in accordance with the Interest Act and compensation for written payment reminders in accordance with the legislation on debt recovery. Prior to taking possession, the tenant shall obtain the requisite permits for the business for which the premises are let. The business shall be carried out in such a way that meets the environmental legislation and ordinances in force at any given time. The tenant is liable for environmental impact even after the expiration of the agreement and is not subject to the statute of limitations under the provisions in chapter 12, section 61 of the Swedish Land Code. For further provisions concerning hazardous businesses, see the attached environment clause. The parties have reached an agreement to reduce the property's and the premises environmental impact,see Green appendix. Whether, pursuant to the provisions of this agreement or otherwise, the tenant performs maintenance, improvement, or alteration works in respect of the premises, the tenant shall present to the landlord, in good time prior to the execution of such work, specifications of the building materials to the extent such specification have been prepared for the products and materials to be used on the premises. If faults and deficiencies in the installations, such as electrical or sprinkler equipment, belonging to the tenant are noted during an inspection ordered by a public authority, the tenant shall carry out at his own expense the required remedial actions and within the time stipulated by the public authority. If the tenant has not rectified the faults and deficiencies within the specified time, the landlord is entitled at the tenant s expense to carry out such measures as have been ordered by the public authority. The tenant is responsible for ensuring that access to such spaces which the landlord or a person representing the landlord or to which personnel from an energy company, water and sewerage company, telecommunications company or equivalent must have access to for maintenance and operation of the property is not obstructed by activities of the tenant s business Sid 2 ( 5 ) The Swedish Property Federation form no. 12B.2 prepared 2008 in consultation with The Swedish Association of Public Housing Sign Companies, The Swedish Trade Federation and The Swedish Hotel and Restaurant Association. Revised Copying prohibited. Sign

3 Planning and building fees If the tenant makes alterations to the premises, without the required construction permit, other consent or permit, and the landlord as a result of this is obliged under the rules in the Planning and Building Act to pay a building financial penalty or conditional fine, the tenant shall pay a corresponding amount as compensation to the landlord. Fire protection The parties obligations to one another because of the legislation on the prevention of accidents are regulated in the attached fire protection clause. Requirements imposed by relevant authorities, etc Interior fittings The landlord The tenant The premises are let shall be liable and bear the cost of the actions which a public authority, court of law or insurance company with the authority of currently applicable or future legislation or contract, from and including the date of taking of possession, may require for the premises to be used for the intended use of the premises. The tenant shall consult with the landlord prior to any actions being taken. without any fittings specific to the tenants use of the premises Maintenance The landlord shall carry out and pay for required maintenance of the premises and of the fittings provided specifically for the business by the landlord. Management operation and alterations works Cables for telephony and data communication Signs, awnings etc. Insurances The tenant shall carry out and pay for the required maintenance of surface floors, walls, and ceilings, as well as of fittings provided specifically for the business by the landlord. Other allocation of the maintenance obligations, see appendix with fittings specific to the tenants use of the premises in accordance with the appendix However, the tenant is responsible for in accordance with appendix The tenant s maintenane obligations also includes in accordance with appendix Where the Tenant does not fulfil his maintenance obligations and does not within a reasonable time carry out rectification works following a written demand, then the Landlord shall be entitled to fulfil these obligations at the Tenant s expense. Unless otherwise agreed, the Landlord shall, where applicable, manage, operate, and maintain the public and common areas. Without the landlords written consent, the tenant may not carry out interior work and/or installation or alteration, to the premises or otherwise on the property, which directly affects bearing parts of the construction or machinery or installation important for the function of the property such as electricity, water and sewerage and ventilation. Installations such as sprinkler heads and equipment for ventilation may not be covered by interior fittings by the tenant in such a manner as to reduce the functioning of such equipment. When carrying out interior work, the tenant shall ensure that the function of radiators and other heating equipment is maintained in all significant respects. The landlord The tenant shall pay for necessary drawing of cables for telephony and data communication from the point of connection specified by the operator to the place in the premises which the tenant chooses in consultation with the landlord. Other allocation of responsibility for telephony and data communication, see appendix After consultation with the landlord, the tenant is entitled to display a customary business sign provided that the landlord does not have justitiable reason to refuse consent and that the tenant has obtained necessary permits from the relevant public authorities. Other fittings such as awnings and aerials may not be mounted without the landlord s consent. Upon the surrender of the premises, the tenant shall restore the façade of the building to an acceptable condition. In conjunction with more extensive maintenance on the property such as façade renovation, the tenant shall, at his own expense and without compensation, dismantle and reassemble signs and other fittings as were mounted on the building by the tenant. The landlord undertakes not to mount vending machines and display cabinets on exterior walls without the tenants consent and grants to the tenant priority to mount vending machines and display cabinets on the walls in question. The tenant undertakes to follow the attached sign policy. It is incumbent upon the landlord to take out customary property insurance on the property within which the premises let are situated. The tenant is responsible for taking out and maintain an insurance for the business carried out on the premises. Both the insurance policies of the landlord and tenant are to cover loss caused by a third person. External damage The landlord The tenant shall be liable for intentional damage to windows, display windows and signs belonging to the premises and main and other doors or entries which lead to or from the premises. In all cases the liability also includes to door frames, window frames and trim. Locks The landlord The tenant shall equip the premises with such locks and anti theft devices which is required by the tenant s business insurance policy. Sid 3 ( 5 ) The Swedish Property Federation form no. 12B.2 prepared 2008 in consultation with The Swedish Association of Public Housing Sign Companies, The Swedish Trade Federation and The Swedish Hotel and Restaurant Association. Revised Copying prohibited. Sign

4 Reduction of rent Agreed condition etc. Customary maintenance Restoration on vacating premises Force majure Security The tenant is not entitled to reduction of the rent for the period during which the landlord has work carried out to put the premises into the agreed condition or other work which is specifically set forth in this agreement and its appendices. Reduction of the rent for obstacles to or infringement of the right of the user in consequence of the landlord allowing work to be done in order to carry out customary maintenance of the premises or the property is to be granted according to the rules of The Rent Act. The tenant is not entitled to reduction of the rent for obstacles to or infringement of the right of the user in consequence of the landlord allowing work to be done in order to carry out customary maintenance of the premises or the property. The landlord shall, however, in good time inform the tenant not only about the kind and the extent of the work but also about the starting point and the period during which the work will be carried out. The parties are agreed that the right to reduction of the rent, when the landlord carries out customary maintenance of the premises or the property otherwise, shall be regulated in accordance with the specific appendix. Unless otherwise agreed upon the tenant shall no later than at the termination of the tenancy have removed the property belonging to the tenant and have restored the premises to an acceptable condition. The parties agree to conduct a joint inspection of the premises no later than the last day of the tenancy. If, as a consequence of the tenant's actions - taken with or without the consent of the landlord - the premises upon surrender contain material, and there is no specific agreement that the landlord is to be responsible for such material, the tenant shall remove the material compensate the landlord for his costs for removal such as any tax on waste, transport and charges for disposing of the waste or the like. The landlord is waived from his obligations to fulfil his part of the agreement and from obligations to pay damages if the landlord s undertakings cannot be fulfilled, or can only be fulfilled at an abnormally high cost, due to war or riots, due to such cancellation of work, blockade, fire, explosion or act of a public authority which the landlord neither has control over, nor could have foreseen. The tenant shall provide security to the landlord no later than this agreement by way of for the fulfilment of the tenant s obligations under guarantee provided by bank guarantee for an amount of other security in the form of See Appx 2 2 If the agreed security is not provided no later than the stipulated time, this agreement lapses if the landlord so requires prior to possession date. Personal Data Act Information to the tenant on the handling of personal data and written consent, see attached personal data clause. (Not applicable if the tenant is a legal person). Special provisions Other provisions provided for in Appx 2 Payment of rent is regulated in Appx 2 Sid 4 ( 5 ) Signature This agreement, which may not be registered without specific consent, has been prepared in two identical counterparts, of which each party has received one. All prior agreements between the parties with rescpect to these premises shall cease to apply commencing on the date of execution of this agreement. Place/date: Name of the landlord: Place/date: Name of the tenant: Signature (company /by proxy): Company fullmakt Printed name (company /by proxy): Signature (company /by proxy): Company fullmakt Printed name (company /by proxy): The Swedish Property Federation form no. 12B.2 prepared 2008 in consultation with The Swedish Association of Public Housing Sign Companies, The Swedish Trade Federation and The Swedish Hotel and Restaurant Association. Revised Copying prohibited. Sign

5 Assignment The above lease agreement is assigned from and including. Signature Current tenant (name): New tenant (name): Pers. ID/Corp.Reg.No.: Sid 5 ( 5 ) Approval of landlord Signature (current tenant): Company Printed name (current tenant): Landlord approves the assignment Place/date: Name of the landlord: Signature (new tenant): Company Printed name (new tenant): Signature (landlord): Company Printed name (landlord): Information Note that an x in a box will also require, in certain cases, the attachment of an appendix to this agreement for the matters agreed in the appendix to apply. This applies, for example, to the index clause and the real estate tax clause. See also the guide to this agreement which has been prepared together by the organisations below. The Swedish Property Federation form no. 12B.2 prepared 2008 in consultation with The Swedish Association of Public Housing Companies, The Swedish Trade Federation and The Swedish Hotel and Restaurant Association. Revised Copying prohibited.

6 INDEX CLAUSE Appendix no: 3 Page 1 (2) Concerning Lease agreement no.: Property designation: Snäckan 7 Landlord Name: Personal ID/Comp. Reg. No.: FörvaltningsAB Tegelbacken Tenant Name: Personal ID/Comp. Reg. No.: Man gal Restaurang Gruppen AB Clause The base rent under this clause is made up of 100 % of the rental amount stated in the agreement, i.e. SEK % of the fixed rental supplements which has been stated in a running costs clause attached to the agreement (see appendix ), i.e. SEK. Total base rent SEK per year. Taking into consideration changes in the consumer price index (total index with 1980 as base year), a supplement to the rental amount and the fixed rental supplement is payable during the term of the lease at a certain percentage of the base rent in accordance with the grounds set out in the following: For lease agreements which start some time during the period 1/1-30/6, the base rent is deemed to be adjusted to the index level for October in the preceding year. For lease agreements which start some time during the period 1/7-31/12 the base rent is instead deemed to be adjusted to the index level for October in the same period. The index level for the month of October to which the base rent is deemed to be adjusted in accordance with the above, constitues the base figure unless otherwise agreed by designating a year as per the following. Alternative agreed base figure: the index level for October. If the index level in any subsequent October has risen in relation to the base figure, the supplement shall be payable at the percentage rate with which the index has changed in relation to the base figure. Thenceforth, the supplement shall be payable in relation to the changes in the index, whereupon the changes in the rent shall be calculated on the basis of the percentage change between the base figure and the index level for the October, in question. The rent payable shall, however, never be set lower than the rent stated in the agreement and fixed rental supplement as stated above. Changes to the rent are always effected from and including 1 January after the October index which gave rise to the recalculation. The instructions set forth on page 2 shall apply to the index clause. Signatures Place/date: Place/date: Name of the landlord: Name of the tenant: Signature (company /by proxy): Printed name: Company Signature (company /by proxy): Printed name: Company Landlord s notes on base figure: The Swedish Property Federation form no. 6F prepared 2008 in consultation with The Swedish Association of Public Housing Companies, The Swedish Trade Federation and The Swedish Hotel and Restaurant Association. Copying prohibited.

7 INDEX CLAUSE Appendix no: 3 Page 2 (2) Instructions for indexing of rent for non-residential premises Base rent Whether or not all, or a certain part, of the rent stated in the agreement and the fixed rental supplements are to constitute the basic rent is a matter of negotiation and can depend on the terms of the lease otherwise (such as the amount of rent payable and what other obligations are incumbent upon the tenant). Base figure The index level for the month of October to which the base rent is deemed to be adjusted constitutes the base figure provided nothing else is stated by way of a statement of a year (see the provisions on page 1). Comparison between the index levels shall take place a soon as the index for October becomes known. During recent years, the October index has become known in the middle of November. Calculation of index supplement 1) Calculate the difference between the relevant October index and the base figure. 2) If the difference is positive, divide the calculated difference by the base figure. 3) The size of the supplement is calculated by multiplying this quotient by the base rent. Example Calculation of index supplement for 2008 The base rent is assumed to be SEK /year and is adjusted to the consumer price index (CPI) for October 2005, which is (base figure). The October index for 2007 is Calculate the difference between the index and The difference is positive and amounts to Divide by and multiply the quotient (without rounding off) by the base rent of SEK The result is SEK and constitutes the index supplement for 2008 in accordance with the clause. Alternative: If the CPI for October 2007 had instead been lower than the base figure e.g , the difference between and the base level would have been negative. No index supplement would then be payable. The rent stated in the lease agreement and the fixed rental supplements would apply.

8 PROPERTY TAX CLAUSE Appendix no.: Page 1 (2) 4 Concerning Lease Agreement no.: Property designation: Snäckan 7 An X in a box means the text following thereafter applies. Landlord Name: Personal ID/Comp. Reg. no.: FörvaltningsAB Tegelbacken Tenant Name: Personal ID/Comp. Reg. no.: Man gal Restaurang Gruppen AB Clause The applicable alternative is indicated by putting an X in the relevant box and completing the requisite details. To the extent that the parts of the property that are comprised of non-residential premises are or become subject to property tax, the tenant shall with the rent reimburse the landlord according to the conditions as indicated below. The tenant shall in addition to the rent specified in the Lease Agreement annually reimburse the landlord for his share of property tax due in respect of the non-residential premises. The tenant s share is deemed to be 4,54 per cent. According to the conditions that apply at the inception of the Lease Agreement the reimbursement at the inception of the rental period is SEK a year. Reimbursement in respect of the current share of property tax for the non-residential premises is included in the rent specified in the Lease Agreement and at it s inception it is SEK. The non-residential premises share of the property tax applying to non-residential premises is deemed to be procent. The tenant shall provide reimbursement for his share of any changes in the applicable property tax in respect of non-residential premises that take effect after the inception of the Lease Agreement (irrespective of the cause) to the extent that the tax exceeds that amount that is included in the rent as reimbursement for property tax. Should the property tax reduce/cease so that tenant s share of the reimbursement is less than that as per above, which is included in the rent specified in the Lease Agreement, the rent shall nevertheless be payable at not less than the original amount. Thus due to other clauses (e.g. index) contained in the agreement this means that the total rent payable by the tenant is/can be greater than that shown in the Lease Agreement. The tenant s above specified share, which shall be unchanged during the term of the Lease Agreement, has been calculated as follows: The instructions in page 2 are applicable to the agreement. Signature Place/Date: Place/Date: Name of the landlord: Name of the tenant: Signature ( company /by proxy): Company Signature ( company /by proxy): Company Printed Name: Printed Name: Swedish Property Federation. Form no. 7B, prepared in Item 2 in the Instructions was revised in Copying prohibited. Notice: This is a translation into English of form no. 7B

9 PROPERTY TAX CLAUSE Appendix no.: 4 Sid 2 (2) Instructions - Property tax clause for non-residential premises 1. The clause was formulated in June 1995, i.e. before the time (normally the 1 st of January 1996) from which property tax for premises applies. Therefore the clause has a wording which means that it can be incorporated in agreements that have been made before the tax is payable, as well as in agreements where the tax is actually payable. 2. The reimbursement shall compensate for the increased costs of administration irrespective of who is liable for the tax. A property owner/landlord is liable for tax. According to previous regulations if the property owner/landlord was a trading partnership the owners/shareholders were liable for tax. The supplement was nevertheless to be paid to the Landlord as a matter of course. After the 1 st of January 1997 trading partnerships as such (and not the individual owners/shareholders) are liable for property tax. 3. According to section 19 of the Rent Act the rent must with some exceptions be determined in the Lease Agreement. If the rental period is fixed, and is for at least three years, certain additional exceptions apply in that the rent shall be payable with such sums which are determined according to "different method of calculation" e.g. indexation. This also means that the rental period has to be fixed and be at least three years to enable the Landlord to obtain reimbursement for property tax in sums that can vary as the tax changes. Furthermore the method of calculation must be shown in the Lease Agreement. The clause therefore presumes that the parties state what share of the tax the tenant shall provide reimbursement for. According to the regulations that apply when this clause is formulated the tax is comprised of a certain percentage of the assessed value of the premises (both grounds and buildings). This information is to be found in the tax statement. The tenant s share of the tax for the premises can be determined by the relationship which the extent of that area leased by the tenant bears to the total lettable premises in the property or as a relationship between the tenant s rent and the total of the rents for premises in the property. It is a matter for negotiation which method of calculation the parties choose. Other methods of calculation can be used. For the sake of simplicity, however, the tenant s share should be unchanged during the rental period, and thereby independent of among other things, how the tax in the future might be calculated and possible changes in the rental market. It is therefore appropriate to show in the designated space how the premises share has been calculated. Should details in respect of this not be completed this does not mean that the agreement becomes invalid. A property can comprise of a variety of different buildings with different value years and different taxation categories (small dwelling houses, apartment blocks, industrial units and special units). The tax that the tenant is due to pay reimbursement for shall only relate to the building in which the premises are located. A building is normally defined as a free standing self-contained building. Relevant information can be ascertained from information regarding decisions referring to general property taxation that the tax authorities have advised the property owner. Any property owner who has a problem in ascertaining the tenant s share should contact their property owners association for assistance. Complete the tenant s share! 4. The clause contains two alternatives. In the first the reimbursement for the tax is payable as a supplement "alongside" the rent agreed in the Lease Agreement. If the tax disappears so does the supplement. The other alternative presumes that the parties agree a specific rent which includes, among other things, reimbursement for the then applicable tax. Should the tax be increased irrespective of the cause (for example increase in tax rates, increased assessed value etc) the tenant shall nevertheless tender reimbursement for the increased cost. Should the tax disappear the rent reverts to the original sum, i.e. the agreed rent (which includes reimbursement for the tax applicable at inception which has been discontinued). Naturally the tenant shall continue to pay other supplements such as those caused by changes in indexes and in respect of increased fuel costs and so forth. 5. To the extent that the tenant pays a supplement in respect of property tax the supplement should be accounted for separately on the rent invoice. 6. Indicate the chosen alternative with an X. In the chosen alternative the tenant s share and the sum should be filled in. Specify how the tenant s share has been calculated.