DATED DELANEY LIMITED and NORTHSCAPE LIMITED HOLLOWELL LIMITED [ ] Lease. relating Garage 9 Stock Park Court

Transcription

1 DATED 2017 DELANEY LIMITED and NORTHSCAPE LIMITED HOLLOWELL LIMITED to [ ] Lease relating Garage 9 Stock Park Court St Lawrence Gardens Eastwood Essex SS9 5YF 45 Cadogan Gardens London SW3 2AQ Tel Fax _1

2 Prescribed Clauses LR1. Date of lease LR2. Title number(s) LR2.1 Landlord's title number(s) EX LR2.2 Other title numbers LR3. Parties to this lease Landlord Delaney Limited (company number C) of First Floor, Jubilee Buildings, Victoria Street, Douglas, Isle of Man, IM1 2SH and Northscape Limited (company number C) First Floor, Jubilee Buildings, Victoria Street, Douglas, Isle of Man, IM1 2SH Tenant [ ] Other parties LR4. Property In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail. See the definition of "Property" in the First Schedule LR5. Prescribed statements etc. None. LR6. Term for which the Property is leased 125 years from and including 2017 LR7. Premium [ ] LR8. Prohibitions or restrictions on disposing of this lease This lease contains a provision that prohibits or restricts dispositions. LR9. Rights of acquisition etc. 1

3 LR9.1 Tenant's contractual rights to renew this lease, to acquire the reversion or another lease of the Property, or to acquire an interest in other land None. LR9.2 Tenant's covenant to (or offer to) surrender this lease None. LR9.3 Landlord's contractual rights to acquire this lease None. LR10. Restrictive covenants given in this lease by the Landlord in respect of land other than the Property None. LR11. Easements LR11.1 Easements granted by this lease for the benefit of the Property The easements granted in the Second Schedule. LR11.2 Easements granted or reserved by this lease over the Property for the benefit of other property The easements reserved in the Third Schedule. LR12. Estate rentcharge burdening the Property None. LR13. Application for standard form of restriction The parties to this lease apply to enter the following standard form of restriction against the title of the Property. None. LR14. Declaration of trust where there is more than one person comprising the Tenant [ ] 2

4 THIS UNDERLEASE made the day of 2017 BETWEEN (1) DELANEY LIMITED incorporated in the Isle of Man with registered company number C and having its registered address at First Floor, Jubilee Buildings, Victoria Street, Douglas, Isle of Man, IM1 2SH and NORTHSCAPE LIMITED incorporated in the Isle of Man with registered company number C and having its registered address as aforesaid (hereinafter called the Landlord ) and HOLLOWELL LIMITED incorporated in the Isle of Man and having its registered address as aforesaid (hereinafter called the Company ); and (2) [ ] of [ ] (hereinafter called the Tenant ) W I T N E S S E S as follows:- 1. The expressions following shall have the following meanings unless the context otherwise requires:- 1.1 the Lessor and the Company shall include the person for the time being entitled to the reversion immediately expectant on the determination of the term hereby granted 1.2 the Lessee shall include its successors in title and in the case of an individual shall include his personal representatives 1.3 these presents means this lease and any document which is supplemental hereto or which is expressed to be collateral herewith or which is entered into pursuant to or in accordance with the terms hereof 1.4 the Development means Stock Park Court, St Lawrence Gardens, Eastwood, Essex including the Garage Blocks gardens forecourts refuse collecting points and grounds shown edged red on the Plan 1.5 the Garage Blocks means the block shown on the Plan 1.6 the forecourt shall mean the forecourts shown edged blue on the Plan 3

5 1.7 the Plan means the plan annexed hereto 1.8 the Headlease means the Lease dated 3 rd April 2003 and made between Lawrek Properties Limited (1) and the Lessor (2) 1.9 Where the Lessee consists of two or more persons all covenants by and with the Lessee shall be deemed to be by and with such persons jointly and severally and words importing the masculine gender only shall include the feminine gender NOW THIS DEED WITNESSETH as follows 2. In consideration of the sum of [ ( )] paid to the Lessor by direction of the Company by the Lessee on or before execution hereof (receipt whereof the Lessor hereby acknowledges) and of the rents and covenants hereinafter reserved and contained and on the part of the Lessee to be paid observed and performed by the Lessor HEREBY DEMISES unto the Lessee ALL THAT Garage more particularly described in the First Schedule hereto (hereinafter called the Demised Premises ) TOGETHER WITH the easements rights and privileges mentioned in the Second Schedule hereto SUBJECT as therein mentioned EXCEPT AND RESERVING as mentioned in the Third Schedule hereto TO HOLD the same unto the Lessee for the term of ONE HUNDRED AND TWENTY FIVE YEARS from the date of the lease AND PAYING therefor during the said term the annual rent of one peppercorn such rent to be paid clear of all deductions by yearly payments on the Twenty fifth day of March in each year the first of such payments or a proportionate part thereof to be calculated from the date hereof to the Twenty fifth day of March next to be paid on the signing hereof AND ALSO PAYING by way of further or additional rent 2.1 a service charge calculated and payable in the manner hereinafter specified and 2.2 a sum or sums equivalent to a fair proportion determined by the insurer of the amount which the Lessor or the Company may expend in effecting and maintaining the insurance of the Building and Garage Blocks and other parts of the Development in accordance with the covenant on the part of the Lessor hereinafter contained 3. THE LESSEE HEREBY COVENANTS with the Lessor and separately with the Company and with the owners and lessees of the other flats and garages comprised in the Development that the Lessee and the persons deriving title under him will at all times hereafter observe the restrictions set forth in the Fourth Schedule hereto 4

6 4. THE LESSEE HEREBY COVENANTS with the Lessor and separately with the Company as follows: 4.1 To pay the said rents during the said term at all times and in the manner aforesaid without any deductions except as aforesaid 4.2 To pay all rates taxes assessments charges impositions and outgoings which may at any time during the said term be assessed charges or imposed upon the Demised Premises or the owner or occupier in respect thereof and in the event of any rates taxes assessments charges impositions and outgoings being assessed charged or imposed in respect of the Development to pay a proper proportion as may be determined by the Lessor of such rates taxes assessments charges impositions and outgoings attributable to the demised premises 4.3 Not to make any structural alterations or structural additions to the Demised Premises nor to erect any new buildings thereon or remove any of the Lessor s fixtures 4.4 In the year Two thousand and twenty four and thereafter in every seventh year of the said term and also during the last year thereof to paint in a good and workmanlike manner with two coats at least of best quality paint the interior of the Demised Premises and also at such times as aforesaid grain emulsion colour and paper such parts of the interior of the demised premises as are usually so treated 4.5 To pay all costs charges and expenses (including solicitor s costs and surveyor s fees) incurred by the Lessor and the Company for the purpose of or incidental to the preparation and service of a notice under Section 146 of the Law of Property Act 1925 notwithstanding forfeiture may be avoided otherwise than by relief granted by the Court 4.6 Forthwith after service upon the Lessee of any notice affecting the Demised Premises served by any person body or authority (other than the Lessor) to deliver a true copy thereof to the Lessor and the Company and if so required by the Lessor and the Company to join with the Lessor and the Company in making such representations to any such person body or authority concerning any proposals affecting the Demised Premises as the Lessor or the Company may considerable desirable and to join with the Lessor and the Company in any such appeal against any order or direction affecting the Demised Premises as the Lessor or the Company may consider desirable 4.7 Within one calendar month after any such document or instrument as is hereinafter mentioned shall be executed or shall operate or take effect or purport to take effect to 5

7 produce to the Lessor s solicitors a certified copy of every transfer of this Lease or Mortgage or Legal Charge thereof and also every Underlease or the Demised Premises and also every Probate Letters of Administration Order of Court or other instrument effecting or evidencing a devolution of title as regards the said term or any such Underlease as aforesaid for the purpose of registration and to pay to such Solicitors a registration fee of Ten Pounds ( 50.00) or such higher figure as may be reasonable plus Value Added Tax (if any) in respect of each such document or instrument so produced 4.8 Not at any time during the said term to assign or underlet or part with possession of part of the Demised Premises (as opposed to the whole) nor without the previous consent in writing of the Lessor and the Company such consent not to be unreasonably withheld assign underlet or part with the possession of the whole of the Demised Premises 4.9 At all reasonable times during the said term on notice in writing to permit the Lessor and the Company or its servants or agents with or without workmen and others to enter into and upon the Demised Premises or any part thereof for the purpose of repairing any adjoining or contiguous premises and for the purpose of repairing maintaining rebuilding cleansing lighting and keeping in order and good condition all sewers drains pipes cables watercourses gutters wires party structures or other conveniences (if any) belonging to or serving the Development and also for the purpose of installing maintaining repairing and testing drainage and water pipes gas pipes and electric wires and cables (if any) and for similar purposes the Lessor or its lessees (as the case may be) making good without unreasonable delay all damage occasioned thereby to the Demised Premises 4.10 At the expiration or sooner determination of the said term peaceably to surrender and yield up to the Lessor all and singular the demised premises together with all additions thereto and all Landlord s fixtures and fittings (if any) in good and tenantable repair and condition (damage by fire and other risks insured against by the Lessor always excepted unless such insurance shall be vitiated by any act or default of the Lessee) 4.11 Not to carry on or permit to be carried on upon the Demised Premises or any part thereof any trade business or occupation whatsoever nor to do or suffer to be done thereon or upon any part of the Development any other thing which may be or become a nuisance annoyance or inconvenience to the Lessor or the Company or to the owners lessees or occupiers of other parts of the Development 6

8 4.12 To use the whole and every part of the Demised Premises at all times during the said term for the purpose of a private garage 4.13 To observe and perform the restrictive covenants referred to in the Lessor s Leasehold title the freehold title and the Head Lease so far as the same relate to the Demised Premises and are still subsisting and capable of taking effect 5. THE LESSEE HEREBY COVENANTS with the Lessor and separately with the Company and with the owners and lessees of the other flats and garages comprised in the Development that the Lessee and the persons deriving title under him will at all times hereafter: 5.1 Keep the Demised Premises and all walls sewers drains pipes cables wires and appurtenances (if any) thereto belonging in good and tenantable repair and condition and in particular (but without prejudice to the generality of the foregoing) so as to support shelter and protect the parts of the Garage Blocks not comprised in the Demised Premises AND IT IS HEREBY AGREED AND DECLARED that there are included in this covenant as repairable by the Lessee (including replacement whenever such shall be necessary) all drains cisterns pipes wires ducts and other things (if any) installed for the purpose of supplying water gas and electricity to and for the purpose of taking away water and soil and fumes from the Demised Premises insofar as the same are solely installed or use for the enjoyment of the Demised Premises 5.2 Pay to the Lessor or the Company or its authorised agent a yearly service charge amounting to such reasonable sum as the Lessor shall demand of the annual expenditure incurred or to be incurred by the Lessor or to be incurred by the Company meeting the costs expenses and outgoings set out in the Fifth Schedule hereto (including Value Added Tax payable thereon) such service charge being payable subject to the following terms and provisions: The Lessor or the Company or its agents shall estimate the amount of the service charge payable by the Lessee in respect of the Demised Premises at the commencement of each Lessor s financial year (as hereinafter defined) The estimated amount of the service charge shall be paid half yearly by the Lessee in advance on the First day of April and the First day of October in every year 7

9 5.2.3 As soon as is practicable after the end of each Lessor s financial year the Lessor shall ascertain the amount of the service charge which shall be certified annually by certificates signed by the Accountants for the time being nominated by the Lessor and a copy of the certificate for each such financial year be forwarded to the Lessee At the end of each Lessor s financial year the estimated amount of the service charge paid by the Lessee under sub-clause hereof shall be set against the actual amount of the service charge certified in accordance with sub-clause 5.23 hereof and in the event of any deficiency the amount of the deficiency shall immediately be payable by the Lessee to the Lessor in the event of any excess the amount of the excess shall be retained by the Lessor and put towards the estimated amount of the service charge for the next Lessor s financial year In calculating the amount of the service charge at the end of each Lessor s financial year under sub-clause hereof and in estimating the amount of thereof at the commencement of each Lessor s financial year under sub-clause hereof the Lessor may include and make provision not only for the actual expenditure incurred or to be incurred during the Lessor s financial year but also for the creation or maintenance of such general or specific reserves and/or sinking funds as the Lessor shall in its absolute discretion think fair and reasonable In the event of there being any balance of any reserve and/or sinking fund after the relevant and appropriate replacements and/or repairs have been effected such balance shall be carried forward to form part of a new reserve and/or sinking fund future similar replacements and/or repairs as aforesaid or generally in aid of future maintenance expenditure as the Lessor may think fit Each certificate provided to the Lessee under the provisions of sub-clause hereof shall contain a fair summary of the Lessor s expenditure and outgoings incurred during the Lessor s current financial year as well as an account of the 8

10 said reserves and/or sinking funds to the end of the Lessor s preceding financial year and the certificate shall be final and binding upon the Lessee The expression Lessor s financial year shall mean the period from the First day of October in each year and every year to the Thirtieth day of September in the following year or such other annual period which the Lessor may in its sole discretion from time to time determine as being that in which the Accounts of the Lessor either generally or relating to the Development shall be made out 5.3 Not to do or permit to be done any act or thing which may render void or voidable the Policy or Policies of insurance of the Garage Blocks and other parts of the Development hereinbefore referred to or which may cause any increased premium to be payable in respect of any such Policy 5.4 To permit the Lessor or the Company and others authorised by them with or without workmen and others at all reasonable times on prior written notice (except in case of emergency) to enter into and upon the Demised Premises or any part thereof for the following purposes namely: To repair any part of the Development not included in the Demised Premises or adjoining or contiguous premises and to repair rebuild cleanse and keep in order and good condition all sewers drains pipes cables watercourses gutters wires party structures or other conveniences (if any) belonging to or serving or used for the same and to lay down maintain repair and test drainage gas and water pipes and electric wires and cables for similar purposes the Lessor or the Company or other person exercising such right (as the case may be) doing no unnecessary damage and making good without unreasonable delay all damage occasioned thereby to the Demised Premises To view the state of repair decoration and condition of the Demised Premises and thereupon the Lessor or the Company may serve upon the Lessee a notice specifying all defects and wants of decoration and repair then and there found and request the Lessee forthwith to execute the same and if the Lessee shall not within the period of three months after such notice or sooner if requisite proceed to repair and make good the same according to such notice and the covenant in that behalf hereinbefore contained then to permit the Lessor to 9

11 enter upon the Demised Premises and execute such repairs and the cost thereof shall be a debt due from the Lessee to the Lessor or the Company and payable on demand 6. THE LESSOR HEREBY COVENANTS with the Lessee as follows: 6.1 That the Lessee paying the rents hereby reserved and performing and observing the several covenants conditions and agreements herein contained and on the Lessee s part to be performed and observed shall and may peaceably and quietly hold and enjoy the Demised Premises during the said term without any lawful interruption or disturbance from or by the Lessor or any person or persons rightfully claiming under or in trust for it 6.2 That the Lessor will at all times during the said term insure and keep insured the Garage Blocks and other parts of the Development against loss or damage by fire and such other risks (if any) as the Lessor thinks fit (hereinafter called the Insured Risks ) in some Insurance Office of repute in the full value thereof and whenever required produce to the Lessee the Policy or Policies of such insurance and the receipt for the last premium for the same and will in the event of the Building or the Garage Blocks or any parts thereof being damaged or destroyed by any of the Insured Risks as soon as reasonably practicable lay out the insurance moneys in the repair rebuilding or reinstatement of the same building 6.3 That the Lessor will require every person to whom they shall hereafter grant a Lease of any garage comprised in the Development to covenant with the Lessor to observe the restrictions set forth in the Fourth Schedule hereto and covenants similar to those contained in Clause 4 hereof 6.4 That (subject to contribution and payment as hereinbefore provided) the Lessor will maintain repair decorate and renew: the main structure and in particular the roofs and external and load bearing walls the foundations gutters and rainwater pipes of the Garage Blocks the water pipes gas pipes drains and electric cables and wires in under or upon the Development and enjoyed or used by the Lessee in common with the owners and lessees of the other garages (if any) the common parts of the Development 10

12 6.4.4 the boundary walls and fences and screen fences of the Development 6.5 That (subject as aforesaid) the Lessor will so far as practicable keep clean and reasonably lighted the common parts of the Development and so far as practicable keep the footpaths and gardens the forecourt the refuse collection point and other parts of the Development in good condition and (as to the gardens) cultivated 6.6 That (subject as aforesaid) the Lessor will so often as reasonably required decorate the exterior of the Garage Blocks in the manner in which the same were previously decorated or as near thereto as circumstances permit 6.7 That (if so required by the Lessee) it will enforce the covenants similar to those contained in Clauses 3 and 4 hereof entered into or to be entered into by the Lessees of the other garages comprised in the Development the Lessee indemnifying the Lessor against all costs and expenses in respect of such enforcement and providing such security in respect of costs and expenses as the Lessor may reasonably require 6.8 That until such time as the Lessor shall grant a Lease or Leases of any garage or garages in the remainder of the Building (hereinafter called the Undemised Premises ) or for any period during which the Lessor shall be in possession of the Demised Premises or any part thereof the Lessor HEREBY COVENANTS with the Lessee that it will keep the Undemised Premises and all walls party walls sewers drains pipes cables wires and appurtenances thereto belonging in good and tenantable repair and condition and in particular (but without prejudice to the generality of the foregoing) so as to support shelter and protect the part of the Garage Block other than the Undemised Premises 6.9 As soon as the original Lessor and the Company named above shall have parted with all interest in the reversion immediately expectant on the termination of the term hereby created it shall cease to have any further rights entitlements responsibilities liabilities or obligations under the terms of this Lease but without prejudice to the rights of any other party in respect of any antecedent beach of any of the covenants herein contained 6.10 Any reference to an Act of Parliament shall be deemed to include reference to any statutory modification extension or re-enactment thereof for the time being in force and shall also include all instruments orders plans regulations permissions and directions for the time being made issued or given thereunder or deriving validity therefrom 11

13 6.11 References to the last year of the term include the last year of the term if the term shall determine otherwise than by effluxion of time and references to the expiration of the term include such other determination of the term 6.12 References to any right of the Lessor and the Company to have access to the Demised Premises shall be construed as extending to any superior landlord and any mortgagee and to all persons authorized by the Lessor and the Company and any superior landlord or mortgagee (including agents professional advisers contractors workmen tenants and others with or without any necessary tools plant or equipment) 6.13 Any covenant by the Lessee not to an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person where the Lessee is aware that such act or thing is being done 6.14 Any provisions in the Lease referring to the consent or approval of or notice to be given to the Lessor or the Company shall be construed as also requiring the consent or approval of or notice to be given to any mortgagee and any superior landlord where such consent shall be required but nothing in this Lease shall be construed as implying that any obligation is imposed upon any mortgagee or any superior landlord not unreasonably to refuse any such consent or approval 6.15 References to the approval consent or authorization of the Lessor and the Company or words to similar effect meant a consent approval or authorisation in writing signed by or on behalf of the Lessor and the Company and all notices to be given by one party to another shall be given in writing 7. PROVIDED ALWAYS AND IT IS HEREBY AGREED that if the rents hereby reserved or any part thereof shall be unpaid for twenty one days after becoming payable (whether formally demanded or not) or if any covenants on the part of the Lessee herein contained shall not be performed or observed then and in any such case it shall be lawful for the Lessor at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this Demise shall absolutely determine but without prejudice to any right of action or remedy of the Lessor in respect of any antecedent breach of any of the Lessee s covenants or the conditions herein contained 12

14 8. IT IS HEREBY DECLARED as follows: 8.1 That nothing herein contained shall prevent the Lessor from using the forecourt as a means of access with or without vehicles to any adjoining or neighbouring land 8.2 That Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 shall apply to all notices and demands to be served given or made hereunder 8.3 That the word repair includes the rectification or making good of any defects in the foundations and structure of the Building or Garage Blocks notwithstanding it is inherent or due to the original design 8.4 That parties confirm that: The Landlord served a notice on the Tenant, as required by section 38A(3)(a) of the Landlord & Tenant Act 1954, applying to the tenancy created by this lease, not less than 14 days before this lease was entered into a certified copy of which notice is annexed to this lease; The Tenant made a statutory declaration dated [ ] in accordance with the requirements of section 38A(3)(b) of the LTA 1954 a certified copy of which statutory declaration is annexed to this lease; and There is no agreement for lease to which this lease gives effect. 8.5 The parties agree that the provisions of sections 24 to 28 of the LTA 1954 are excluded in relation to the tenancy created by this Lease IN WITNESS the parties hereto have executed this Deed at the day and year first before written THE FIRST SCHEDULE above referred to 1. ALL THAT Garage number 9 which is shown on the Plan and thereon edged red including the land on which it is built and the door and door frame 2. THERE SHALL BE INCLUDED IN THIS DEMISE 2.1. All internal walls 13

15 2.2. One half only in each case severed vertically of internal dividing walls (or parts thereof) which mutually serve to enclose the Demised Premises and other part or parts of the Garage Blocks and such last mentioned walls shall be deemed to be party walls 2.3. The internal surfaces of external walls THE SECOND SCHEDULE above referred to 1. The right at all times during the said term for the Lessee and all persons authorised by him (in common with all persons entitled to the like right): 1.1. To go pass and repass with or without vehicles over and along the forecourt 1.2. On foot only to pass and repass over and along the footpaths on the Development 2. The free and uninterrupted passage and running of water and soil gas and electricity (if any) from and to the Demised Premises through the sewers drains and watercourses cables pipes and wires which now are or may at any time hereafter be in under or passing through the Development or any part thereof 3. The right to subjacent and lateral support and to shelter and protection from the other parts of the Garage Block 4. The right for the Lessee with servants workman and others at all reasonable times and as often as necessary upon giving at least seven days notice in writing (except in the case of extreme emergency) to enter into and upon other parts of the Development for the purpose of repairing maintaining renewing altering or rebuilding the demised premises or any part thereof or any part of the Development giving subjacent or lateral support shelter or protection to the Demised Premises causing as little disturbance as possible and making good without unreasonable delay all damage done 5. The right for the Lessee with servants workmen and others at all reasonable times on notice (except in the case of emergency) to enter into and upon other parts of the Garage Block for the purpose of repairing cleansing maintaining or renewing any such sewers drains and watercourses cables pipes and wires (if any) as aforesaid and of laying down any new sewers drains and watercourses cables pipe sand wires (if any) in place thereof causing as little disturbance as possible and making good any damage caused 14

16 6. The benefit of the restrictions contained in the Leases of the other garages comprised in the Development granted or to be granted 7. All the above easements rights and privileges are subject to and conditional upon the Lessee contributing and paying as provided in Clause 5 and the Fifth Schedule of this Lease THE THIRD SCHEDULE above referred to THERE IS EXCEPTED AND RESERVED out of this Lease to the Lessor and the Company and the owners and lessees of the other flats and garages comprised in the Development: 1. Easements rights and privileges over along through and in respect of the Demised Premises equivalent to those set forth in paragraphs 2 3 and 4 of the Second Schedule to this Lease 2. The right for the Lessor and the Company its duly authorised Surveyors or agents with or without workmen and others upon giving seven days previous notice in writing (except in the case of emergency) at all reasonable times and so often as necessary to enter the Demised Premises for the purpose of carrying out its obligations under Clause 6 of this Lease THE FOURTH SCHEDULE above referred to 1. Not to do or permit to be done any act or thing which may render void or voidable any Policy of Insurance of any garage on the Development or may cause an increased premium to be payable in respect thereof 2. No name writing drawing signboard plate or placard of any kind shall be put or so as to be visible from the outside and no clothes or other articles shall be hung or exposed outside the Demised Premises 3. No flower box flower pot or other like object shall be placed outside the Demised Premises and no mat shall be shaken out of the door of the demised premises and no bird dog or other animal which may cause annoyance to any owner lessee or occupier of any flat or garage comprised in the Development shall be kept in the Demised Premises 4. No external wireless or television aerial shall be erected on the Demised Premises 5. No vehicle shall be parked otherwise than in the Demised Premises 6. No boat or caravan shall be brought onto nor stationed anywhere on the Development 15

17 7. No lessee shall in any way encumber or interfere with the access to or egress from or place or leave rubbish on any part of the Development 8. The exterior of the Demised Premises shall not be decorated by the Lessee 9. To ensure the smooth running of the Development the Lessor reserves the right to vary modify delete or add to any of the regulations contained in this Schedule THE FIFTH SCHEDULE above referred to 1. The expenses of maintaining repairing redecorating and renewing: 1.1. The main structure and in particular the roofs the external and load bearing walls foundations gutters and rainwater pies of the Garage Blocks 1.2. The water pipes gas pipes drains electric cables and wires (if any) in under or upon the Development and enjoyed or used by the Lessee in common with the owners and lessees of the other garages 1.3. The common parts of the Development 1.4. The boundary walls and fences (including the screen fences) of the Development 2. The cost of cleansing and lighting the passages landings and staircases of the Development so enjoyed or used by the Lessee in common as aforesaid and of keeping the footpaths gardens forecourt parking spaces (if any) refuse collection points and other parts of the Development in good condition and (as to the gardens) cultivated 3. The cost of redecorating the exterior of the Development 4. All rates taxes and outgoings (if any) payable in respect of the common parts of the Development including the gardens the forecourt the refuse collection point and other parts of the Development not separately demised or intended to be separately demised 5. The cost of insurance against third party risks and any other risks in respect of the Development which the Lessor or the Company may reasonably decide to cover 6. The fees of Managing Agents employed by the Lessor or the Company or a reasonable charge for administration by the Lessor or the Company if the Lessor of the Company shall itself manage this Development (and Value Added Tax if applicable) PROVIDED ALWAYS that if any repairs redecorating 16

18 or renewals are carried out by the Lessor itself or by any of its subsidiary or associated companies then they shall be entitled to charge as the expenses its normal and reasonable charges (including profit) in respect of such work 7. Any other expense which the Lessor reasonably incurs in complying with its obligations under this Lease and in the good estate management of the Development THE COMMON SEAL of ) DELANEY LIMITED ) was hereunto affixed ) in the presence of:- ) Director Director THE COMMON SEAL of ) NORTHSCAPE LIMITED ) was hereunto affixed ) in the presence of:- ) Director Director THE COMMON SEAL of ) HOLLWELL LIMITED ) was hereunto affixed ) in the presence of:- ) Director Director SIGNED as a DEED by the said ) [ ] ) in the presence of ) 17

19 Name of Witness Signature of Witness: Address Occupation 18