Terms and Conditions

CONTRACT FOR LEASE OF NON-RESIDENTIAL PREMISES 

concluded on the following day, month and year according to §§ 2302 – 2314 and to §§ 2274 – 2278 of Act No. 89/2012 Coll., the Civil Code, as amended.

Article 1

Contracting Parties

TENANT:

Company:           Vydrovka s.r.o.
Seated:     Hornokrčská572/38, Praha 4-Krč, 140 00

CRN/ TIN        CRN 021 31 820                   TIN  CZ02131820

Registered in CR:  The Municipal Court in Prague, section C, no. 214 258

Represented by: Milan Čermák, Manager of the building according to the power of attorney from

16.7.2014 (referred as „TENANT“)

LESSEE

Company:

Seated :

CRN/TIN :                              CRN.:                         ; TIN.: CZ

Registered in CR :

Represented by :                                                                                                                                                                                                                                                           (referred as „LESSEE“)

Article 2

The object of the contract

2.1 The Lessee is the lessee of a complex of properties known as “Areál Vydrovka” according to a contract from 16.07.2014, object no. 18 in Pobřežní street no. 16 in Prague – Karlín and according to the mentioned contract, the tenant is entitled to sublease the non-residential premises. This fact is evidenced by the tenant in a power of attorney from which the possibility to lease non-residential premises and provide consent to the location of the registered office results – see the appendix 1. The provision of the consent to the location of the registered office (if provided) is valid only for the duration of this sub-lease.2. The tenant rents the non-residential premises of the tenant on the 1st floor of the building “A” in Pobřežní 16 Prague 8. It is an office no. . of the area …… m².

Article 3

Purpose of the sublease

 

The non-residential premises shall be used as offices of the company in accordance with the object of the activity recorded on the extract from the commercial register of the sub-recipient.

 

Article 4

Duration of the sublease

4.1
The sub-lease is concluded for a definite term with effect from ………………… to ………………………………. Upon the expiration of that period, the sublease concluded under this Agreement shall be converted into a subcontract negotiated for an indefinite period, and any subcontractor may terminate the subcontract by written notice delivered to the other party. The notice period is three months and shall begin to run from the first day of the month following the month in which the notice was delivered.

4.2
A subcontract negotiated for a fixed term may be terminated by the lessee or subtenant in accordance with the rules set out in the provisions of § 2308 – 2314 of the Civil Code. In the mentioned case, it shall also be 3 months and shall begin to run from the first day of the month following the month in which the notice was submitted. For the elements of the notice, the provisions of § 2310 of the Civil Code shall apply on the elements of the notice.

4.3
The notice period is 3 months and shall begin to run from the first day of the month following the month in which the notice was delivered. The provisions of § 2310 of the Civil Code shall apply on the elements of the notice.

Article 5

Suspension and reimbursement of the costs connected with the use of a sublease

The price for the use of the sublease is negotiated by an agreement of both parties as follows:

5.1     Sub-floor base: office number …… .. ……. ……… m2 x 270, – CZK / m2

Subtotal monthly total ……………. …. …, -CZK

5.2     Lump sum to cover the costs of the service provided in connection with the use of the item of flat rate:

base ………………… m2 x 130, – CZK / m2

monthly service total monthly ……. ……, – CZK

5.3
Rental and service charges are fixed in monthly instalments in the amount of – CZK, to which the VAT will be added in the applicable law, and that shall be paid by the 5th day of the relevant month based on an invoice issued by the lessee.

5.4     The flat-rate payment for services includes: heating, supply and consumption of electricity, reception, maintenance of non-residential premises, waste disposal, disinfection and extermination, water supply and waste, cleaning, use of elevator in building “A” and shared WC. There is a TU (telephone exchange) available in the building – the owner can arrange it directly / separately with the telephone service provider.

The reception service is opened from Monday to Saturday from 07:00 to 19:00, from 19:00 to 07:00 and on Sunday with an electronic security system connected to the PCO.

The lessee is entitled to adjust the price of services quarterly according to the development of consumer price index of fuels and energy and communal services in the Czech Republic issued by the Czech Statistical Office and depending on the cost of these services set by their suppliers, after an agreement with the subcontractor and after discussing the respective calculations.

5.5     The Contracting Parties agree that starting with the year ……. the rent, as well as the flat-rate payment for services, may be increased as a percentage of the inflation rate expressed in the increase of the average annual consumer price index set by the Czech Statistical Office for the previous year of rent in those cases where the inflation rate will be higher than 5% (new rental rates and flat rate payments for services will use the full value of inflation). Then, the new amount of payments will be always set by a contractual amendment that will be adopted by the parties within thirty days after the announcement of the inflation rate. While agreeing on that appendix, the manner and term of the rent payments and flat-rate payments for services for the first months of the year rent increases occur. Unjustified obstruction of the adoption of the relevant addendix by the lessee, unless remedied within 15 days of the date of delivery of the lessee’s written notice, establishes the tenant’s right to terminate the agreement with a one-month notice period.5.6     In case of delay of the payment of the reimbursements according to the above article, the tenant is entitled to claim interest on late payment of the lessee in the amount of 0.1% of the outstanding amount for each day of delay. The amount of that is agreed in accordance with § 1970 of the Civil Code.

 

5.7     The parties agree that the delay of the payment of the rent and the flat-rate payments for services more than one month will be considered gross breach of the contract by the lessee and the tenant is entitled to terminate the contract in this case with the 14-day notice period running from the date of delivery of the notice. Sub-lease will end on the expiration of the 14th day after delivery of the notice to the other party.5.8    The subcontractor is obliged to vacate the leased premises by the end of the notice period. If he does not, the tenant has the right to dispose of the things left by the subcontractor in the leased premises and to handle the things in accordance with the provisions of § 2296 of the Civil Code. 5.9     At the moment of signing of this contract, the subcontractor shall pay the rent on the basis of the issued invoice – a refundable deposit in the sense of § 2254 of the Civil Code, in the amount of one month’s rental payments and flat-rate payments for services, i.e. the amount ……, – CZK (in words: Czech crowns). By signing this agreement, the Lessee confirms that he has accepted the payment.

The Lessee is entitled to use the deposit to pay the receivables for the subtenant in the manner stated in § 2254 of the Civil Code. Actually, in case of damage of the equipment or equipment of the subject of the lease, or in case of a delay in payments under this contract during the duration of the sublease, the tenant is entitled to pay the debts and any damage to the equipment of the lease. At the end of the lease period, the lessee shall make the billing and payment of the deposit on the account of the lessee, after the object matter has been handed over.

In case that the deposit is drawn, the tenant is obliged to add the funds up to the original amount upon the tenant’s request within one month. In case of breach of this obligation, the subcontractor acknowledges that this fact creates the tenant’s right to terminate the contract without notice under § 2291 of the Civil Code.

The parties agree that the costs associated with the maintenance of the account on which the deposit will be deposited carry the tenant. On the other hand, the lessor agrees that the deposited funds will not be remunerated at the time of their composition on the account of the lessee until their return.

 

Article 6

Fire Protection (FP)

6. The TENANT is subject to a valid amendment to the FP:

– is obliged to act in leased premises in such a way that no fire or other damage occurs.

– confirms that he has been properly instructed and familiarized with fire-hazardous locations in the sense of the law of the FP and its implementing decree, with the location of the fire alarm guidelines and the fire alarms, the location of the fire alarm at the gatehouse and the functions of the fire alarm system, the contents of the fire evacuation, the layout of the object and the place of its placement, with the deployment and use of portable fire extinguishers and fire hydrants

– undertakes to comply with the fire alarm guidelines in the Vydrovka complex, the instructions of the building manager and the fire alarm.

– undertakes to train its employees in the scope of the Act on FP and to inform their workers of the fire protection to the extent it was acquainted with it

– agrees that he and his employees, once a year, together with the other sub-recipients, participate in a fire alarm exercise organized by a lessee who is responsible for verifying the functional fire alarm guidelines and the evacuation plan

– will enable the lessee’s staff to enter their premises for preventive inspections of the FP and the removal of identified defects

6.2    In accordance with the applicable law on FP, the TENANT:

– besides the subject of the sublease, ensures the availability of the FP (extinguishers, hydrants) and their revisions according to the valid regulations

– performs preventive inspections of leased premises once a year

– processes fire alarm guidelines and an evacuation plan for the entire building in the event of a fire

– performs an alarming exercise to check the functionality of the fire alarm guidelines and the evacuation order annually

 

Article 7

Occupational Health and Safety (OHS)

The Contracting Parties have agreed that the subcontractor who is at the same time an employer:

  1. a) ensures the occupational health and safety in the space that is the object of the sublease, independently according to the ZP
  2. b) evidences, records and submits records of occupational injuries to the state supervision of OHS and the health insurance company in case of accident of its employees in the area that is the subject of the lease and a copy of the record pass to the occupational health and safety technician
  3. c) evidences a work accident in the tenant’s premises (outside the subject of the lease) and invites the hirer of the occupational health and safety equipment to write the accident record. The submission of the record of an accident at work to the state supervision of BP and the health insurance company is the responsibility of the subcontractor.

(d) ensures that only appliances approved to be used in the Czech Republic are used in the leased premises and that food preparation is made only in restricted areas

(e) ensures that only trained personnel will be assigned to the operation of dedicated technical facilities, and provides that their competence is authorized to inspect the lessee

  1. f) observes the instructions of the reception staff for operation in the yard of the building (parking and vehicle entry).

 

Article 8

Rights and obligations of the parties

8.1 The TENANT undertakes:

– to use non-residential premises to the extent stipulated by the contract

– to maintain leased premises in a good and user-friendly condition, to take care of them with the care of the rightful owner, without the prior written consent of the lessee to do no construction work in them

– not to let anything outside the rented premises (also applies to the yard),

– discuss any lease arrangements with the tenant in advance (eg internal partitions, changing locks, modifying light and heavy currents, sticking doors and walls anywhere around the building, posting information signs, etc.)

– to carry out repairs and replacement of its own equipment at its own expense

– to observe the provisions of the “Rules of the House” and Decree NRC No.5 / 1985 Decree on Cleanliness in the City of Prague. city of Prague, relevant ČSN and generally binding fire safety and hygiene regulations

– to ensure that its employees and its business partners and clients comply with the lessee’s binding regulations for entry to the building and respect the prohibition of entry into the premises of the lessee, including access to their premises for unauthorized persons – return the non-residential premises after the sublease has ended, in the state in which it took over, taking into account the usual wear and tear

– to mark non-residential premises on behalf of the company

– to participate in training of EZS users on the basis of a tenant’s call – In his own interest, if he is absent in the rented premises of the EZS, he will turn on – if he does not, he will bear any damage to his weight – if a false alarm is triggered, he shall immediately inform the PCO Operations Centre on line 293 or 294 or on telephone number 603 194 127, indicating a valid communication password with the registered security number and the section number – to pay the landlord a fee of 525 CZK for invoking any false alarm which was not immediately withdrawn – to wait between 19 and 7 o´clock to close the door every time he passes through them, and notes that failure to comply with this regulation compromises the safety of the building and that he is responsible for the consequences of his actions and is liable for any damage caused by his vehicles at the entrance of the object, he acknowledges that the doors are not intended to crawling, but only for the passage of vehicles – the subcontractor takes note of a strict ban on smoking in private premises and in common parts of the house, with the location of smoking in the yard. – the sub-contractor takes into account the prohibition of entry of all animals into the premises except for service dogs.

– the sub-lessee is entitled, with the prior written consent of the lessee, to allow the co-owner of the space to be rented to another entity (such co-owner is obliged to comply with all the rules given in this sub-lease and other operating regulations in the Vydrovka area)

– if the sub-lessee requests the placement and connection to the appliance network in addition to the usual office equipment, namely air-conditioning units, heaters, etc., the subcontractor is required to obtain prior written consent from the lessee; the parties to the agreement in this connection will also agree on a possible adjustment of the flat rate deposit for services under Article 5.2 mentioned above. In case of a breach of this obligation by the lessee, the lessee is entitled to terminate this subcontracting agreement with a one-month notice period commencing from the first day of the month following the receipt of the notice to the subcontractor.

8.2
The tenant is obliged to:

–    leave non-residential premises in the agreed statement and ensure the proper performance of the services provided under Article 5 of this Agreement

– enable the subcontractor to use the access road – allow the proper and undisturbed use of leased non-residential premises

– maintain the installed electronic security system (EZS) in proper technical condition – Perform prescribed revisions of the EZS

– Ensure linking to the PCO; the tenant confirms that he has concluded a contract for the provision of a central protection council service (PCA)

– respect confidentiality of the object security system and access passwords and EZS codes. The Lessee also declares that the Vydrovka Area is protected against the elements in the name and on behalf of the site owners; the closing of the policy on the rented premises is a matter of the subcontractor.

Article 9

Other arrangements

9. This contract may be amended or supplemented only in written form with the consent of both Contracting Parties.

9.2
The contract is written on five pages in 2 copies; 1 copy is received by the tenant and 1 sub-lessee.

9.3     The contract becomes valid by signing by both parties, depositing the deposit and paying the first rent and paying the flat rate for services. At the same time, the validity of the previous contracts shall cease if any of the parties have been concluded.

 

This contract was concluded on the basis of the genuine, serious and free will of the parties and was not concluded in distress or under considerably unfavourable conditions.