LEASE AGREEMENT
Exhibit 10.51
TRA. 0414-05/N
WITNESSETH HEREBY the document issued in two (2) counterparts, whereby legal and binding force is given to the LEASE AGREEMENT entered into by and between Xxxxx X. XX XXXXXXXX XXXXXX XX XXXXXX, identified by National Identity Card (DNI) 00000000, with usual residence at Avenida El Golf Los Inkas 951, Dpto. 301, Xxxxxxxx de Surco, hereinafter referred to as THE LESSOR, and MINERA PERÚ COPPER SYNDICATE S.A., identified by Tax ID Number (RUC) 20506675457, with registered office at Xx. Xxx Xxxxx Xxxxx 0000, Xxx Xxxxx, acting by and through by Xxxxx XXXXXXX XXXXXX, engineer, identified by National Identity Card (DNI) 00000000, as per power of attorney filed with the Registry of Companies of the Public Records Office in and for Lima under Entry 11532703, hereinafter referred to as THE LESSEE, under the following terms and conditions:
ONE: THE LESSOR hereby leases to THE LESSEE the apartment owned by her, located at Xx. Xxxxxxx Xxxx Xxxxxxx 000, Xxxxxxxxxxxx 201 and the respective garage, District of San Xxxxxx, Province and Department of Lima, and duly filed with the Real Estate Property in and for Lima under Cards 97599 and 97585.
TWO: THE LESSOR hereby leases to THE LESSEE the furnished apartment and garage mentioned in the preceding clause to be used as dwelling, being strictly prohibited to use it for purposes other than the aforementioned one. Therefore, THE LESSEE may not sublease the real property, either in whole or in part, or dispose of the furniture and fixtures subject matter hereof, neither may THE LESSEE convey it to third parties. Failure to comply with these obligations shall give rise to the automatic termination of this Lease Agreement.
THREE: The term hereof is ONE (01) calendar year for both parties, starting from June 1, 2004 and ending on May 31, 2005, being binding upon both parties. This Agreement may be renewed upon expiry of the term thereof for one additional year, for which purpose THE LESSEE shall send a notarized letter to THE LESSOR at least two (2) months in advance of the expiry of the term hereof.
FOUR: The monthly rental mutually agreed is US$800 (Eight Hundred US Dollars), which shall be deposited, without prior request, on the first day of each month in the foreign currency account 100-0008054089 held by Xxxxx X. XXXXXX at INTERBANK, as indicated by THE LESSOR.
FIVE: THE LESSOR shall deliver to THE LESSEE the receipt evidencing payment of the monthly rental within three (3) days following the date stated in the tax calendar of the National Superintendency of Tax Administration (SUNAT) and after the respective collection.
SIX: Failure to pay two (2) consecutive monthly rentals shall give rise to the termination hereof. THE LESSOR may evict THE LESSEE, collect the rentals accrued and demand a compensation for the damages caused by the noncompliance with this clause.
Page 2
SEVEN: THE LESSEE represents that it has received the apartment fully furnished, in good order and repair, with its complete services, as detailed in the attached inventory, which forms an integral part hereof as EXHIBIT 1, and undertakes to return it in the same conditions as received, except for the normal wear and tear. It is the responsibility of THE LESSEE to maintain the apartment, furniture, electrical appliances, ornaments and fixtures in good order and repair, promptly making any electrical repairs required by the water and sewage pipes and for any minor damages caused by the normal wear and tear or an undue use.
Likewise, THE LESSEE shall be exclusively responsible for any failure or damage to the apartment and/or its facilities, furniture and fixtures, caused either by a mistake, negligence or fraud attributable to THE LESSEE and/or the persons under its care or service.
EIGHT: THE LESSEE may only make modifications to the leased apartment with the prior consent of THE LESSOR, which shall be made on the exclusive account of THE LESSEE. Any improvement shall inure to the benefit of the apartment, except for those improvements that may be dismantled without damaging the property, and THE LESSOR shall not be under the obligation to make any payment or reimbursement therefor. Upon expiry hereof, THE LESSEE must remove, on its own account, all modifications and installations made by it with the authorization of THE LESSOR and must return the furnished apartment in the same conditions as received, unless otherwise agreed with THE LESSOR.
NINE: THE LESSOR does not assume any responsibility for any accident that may occur inside the apartment and this responsibility shall be solely and exclusively assumed by THE LESSEE.
TEN: THE LESSEE shall bear the payment of the services of electricity, water, cable, Internet, surveillance, municipal police, parks and gardens, municipal taxes, citizenship’s safety and all taxes, either created or to be created during the term hereof, affecting the use of the apartment. THE LESSOR shall pay the Property Tax or any other levy, either created or to be created, for which it is liable.
ELEVEN: It is expressly and formally agreed that, if THE LESSEE desires to terminate this Agreement prior to the expiry of the stipulated term, THE LESSEE must notify this fact by means of a written notarized letter at least thirty (30) days in advance. Furthermore, THE LESSEE binds itself to pay the amount corresponding to two (2) rentals as compensation for loss of profit and on account of all respective items.
TWELVE: Should THE LESSEE fail to vacate the apartment after expiry of the term established in Clause Three without the parties having agreed in writing on the renewal thereof, THE LESSEE undertakes to pay, in addition to the monthly rental stated in Clause Four and as penalty, the amount of US$30 (Thirty US Dollars) per day during the time the apartment continues to be occupied, without prejudice to the right of THE LESSOR to file the pertinent legal actions seeking to obtain the immediate eviction of the property.
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THIRTEEN: Upon execution of this Agreement, THE LESSEE shall deliver to THE LESSOR the amount of US$800 (Eight Hundred US Dollars) as advance payment for one monthly rental, by means of a check drawn to the order of Xxxxx X. XXXXXX, as expressly indicated by THE LESSOR. This payment shall be considered final and this constitutes an agreement contrary to the provisions of Article 1233 of the Civil Code.
FOURTEEN: Both parties expressly agree to submit themselves to the jurisdiction of the Judges in and for Lima for all purposes hereof, establishing as the registered office of THE LESSOR that indicated in the introduction of this Agreement and as the registered office of THE LESSEE Xx. Xxx Xxxxx Xxxxx 0000, Xxxxxxxx of San Xxxxx. If a change of address is not notified as indicated, any and all communications and judicial and notarized notices served to the domicile validly designated in this Clause shall be deemed to have been validly delivered.
FIFTEEN: THE LESSOR shall deliver the real property to THE LESSEE on June 1, 2004.
IN WITNESS WHEREOF, the parties hereto signed this Agreement in two (2) counterparts this 28th day of May, 2004.
THE LESSOR
(By) (signed) Xxxxx X. Xxxxxx
THE LESSEE
(By) (signed) Xxxxx Xxxxxxx Xxxxxx
XX/MA/mcp
270414K5.20
EXHIBIT 1
LIST OF ASSETS - Apartment of Xxxxxxx & Xxxxx Xxxxxx
Xxxx Xxxxxxx 292 Dept. 201
| Department: |
Finance & Accounting | |
| By: |
Xxxxxx Xxxxxxxx |
| Number |
Code |
Description |
Label |
Location | ||||
| 2 |
Picture | Entrance hall | ||||||
| 1 |
Carpet | Entrance hall | ||||||
| 1 |
White drape | Entrance hall | ||||||
| 1 |
Ceiling glass candelabra | Entrance hall | ||||||
| 1 |
Wash basin | Visitors bathroom | ||||||
| 1 |
Watercloset | Visitors bathroom | ||||||
| 1 |
Trashcan | Visitors bathroom | ||||||
| 1 |
Beige xxxxxx | Visitors bathroom | ||||||
| 1 |
Plastic Soap holder | Visitors bathroom | ||||||
| 1 |
Glass shelf | Visitors bathroom | ||||||
| 1 |
Mirror | Visitors bathroom | ||||||
| 3 |
Mirror light | Visitors bathroom | ||||||
| 1 |
Artificial flower bouquet | Visitors bathroom | ||||||
| 6 |
Wood chair with cloth | Dinning room | ||||||
| 1 |
Wood table | Dinning room | ||||||
| 1 |
Wooden pedestal | Dinning room | ||||||
| 2 |
White double drape | Dinning room | ||||||
| 1 |
Silver trophy | Dinning room | ||||||
| 1 |
Wooden bar | Dinning room | ||||||
| 1 |
Wooden furniture | Dinning room | ||||||
| 1 |
Mirror with white wooden borders | Dinning room | ||||||
| 1 |
White telephone | Telefónica | Dinning room | |||||
| 1 |
Picture | Dinning room | ||||||
| 1 |
Ceiling glass candelabrum | Dinning room | ||||||
| 6 |
Glass | Dinning room | ||||||
| 2 |
Small glass container | Dinning room | ||||||
| 1 |
Candle extinguisher | Dinning room |
| 1 | White table cloth | Dinning room | ||||||
| 1 | Wood table | Living room | ||||||
| 2 | Glass candelabrum | Living room | ||||||
| 1 | Turttle glass ornament | Living room | ||||||
| 1 | Wood ornament | Living room | ||||||
| 1 | Sofa, large | Living room | ||||||
| 2 | Sofa, small | Living room | ||||||
| 1 | Wood chair with beige cloth | Living room | ||||||
| 6 | Beige cloth cushion | Living room | ||||||
| 1 | Beige carpet | Living room | ||||||
| 2 | Wood table | Living room | ||||||
| 1 | Mirror wall | Living room | ||||||
| 2 | glass lamp | Living room | ||||||
| 1 | Wooden glass holder | Living room | ||||||
| 1 | Foot lamp | Living room | ||||||
| 1 | Wood table with marble | Living room | ||||||
| 1 | Wooden oval style table | Living room | ||||||
| 1 | Beige table cloth | Living room | ||||||
| 1 | Bronze candelabra | Living room | ||||||
| 1 | Glass box for bombons | Living room | ||||||
| 1 | Glass flower base | Living room | ||||||
| 1 | Wood dressing table | Living room | ||||||
| 3 | Wooden candelabrum | Living room | ||||||
| 1 | Picture | Living room | ||||||
| 1 | White double drape | Living room | ||||||
| 1 | Wooden ornament | Living room | ||||||
| 1 | ceramic ornament | Living room | ||||||
| 1 | Picture | Kitchen | ||||||
| 1 | Intercomunicator | Kitchen | ||||||
| 1 | Square table | Kitchen | ||||||
| 1 | White wood chair with cloth | Kitchen | ||||||
| 1 | Napkin holder | Kitchen | ||||||
| 1 | Water holder | Kitchen | ||||||
| 1 | Wood bread basquet | Kitchen | ||||||
| 1 | White waffler machine | Imaco | Kitchen | |||||
| 1 | White toaster | Oster | Kitchen |
| 1 | Beige refrigerator | Kenmore | Kitchen | |||||
| 1 | Metal oiler | Kitchen | ||||||
| 1 | Beige kitchen with four pans and one oven | Kitchen | ||||||
| 1 | White electric boiler | Oster | Kitchen | |||||
| 1 | Black coffee machine | Braun | Kitchen | |||||
| 1 | White plastic trashcan | Kitchen | ||||||
| 1 | White drape | Kitchen | ||||||
| 1 | White dinner set holder | Kitchen | ||||||
| 2 | Wooden tray | Kitchen | ||||||
| 4 | Ceramic bottle with wood | Kitchen | ||||||
| 1 | Marble cheese holder | Kitchen | ||||||
| 1 | Black ceramic container | Kitchen | ||||||
| 2 | Beige beerglass | Kitchen | ||||||
| 8 | Wine glass | Kitchen | ||||||
| 23 | Waterglass | Kitchen | ||||||
| 8 | Blue individual table cloth | Kitchen | ||||||
| 5 | Kitchen cloth for drying dishes | Kitchen | ||||||
| 8 | White ceramic plate | Kitchen | ||||||
| 8 | White ceramic soupplate | Kitchen | ||||||
| 1 | White ceramic boiler | Kitchen | ||||||
| 1 | Pink pirex | Kitchen | ||||||
| 2 | Glass pirex | Kitchen | ||||||
| 1 | Glass jar | Kitchen | ||||||
| 1 | Wooden cheese holder | Kitchen | ||||||
| 1 | White suggarcup | Kitchen | ||||||
| 2 | White fluorecent light | Kitchen | ||||||
| 5 | Ornament (over the kitchen furniture) | Kitchen | ||||||
| 3 | Metal pot | Kitchen | ||||||
| 1 | Frying pan | Kitchen | ||||||
| 1 | Long glass pirex | Kitchen | ||||||
| 1 | Long metal molde | Kitchen | ||||||
| 4 | Xxxxxx | Kitchen | ||||||
| 11 | Metal knife | Kitchen | ||||||
| 6 | Metal spoon | Kitchen | ||||||
| 16 | Metal fourk | Kitchen | ||||||
| 15 | Metal teaspoon | Kitchen |
| 1 |
White knife, spoon, fourk and teaspoon holder | Rubbermaid | Kitchen | |||||
| 5 |
Kitchen utenciles | Kitchen | ||||||
| 1 |
Metal cheese grater | Kitchen | ||||||
| 1 |
White shaker | Oster | Kitchen | |||||
| 2 |
Plastic colander | Kitchen | ||||||
| 8 |
White ceramic cup | Kitchen | ||||||
| 8 |
White ceramic bread plate | Kitchen | ||||||
| 8 |
White ceramic cup plate | Kitchen | ||||||
| 2 |
White ceramic pirex | Kitchen | ||||||
| 3 |
Glass recipient | Kitchen | ||||||
| 1 |
Yellow pirex | Kitchen | ||||||
| 1 |
Beige cloth dryer | Kenmore | Laundry | |||||
| 1 |
Beige washing machine | Kenmore | Laundry | |||||
| 1 |
Water heater | Laundry | ||||||
| 1 |
Iron furniture | Laundry | ||||||
| 1 |
White drape | Laundry | ||||||
| 2 |
Black folding bed | Service room | ||||||
| 2 |
White heater | EWT GERMANY | Service room | |||||
| 1 |
White iron | Black&Decker | Service room | |||||
| 1 |
White fan | Universal 2000 | Service room | |||||
| 1 |
Beige drape | Service room | ||||||
| 1 |
White wooden bureau | Service room | ||||||
| 1 |
Blue vacuum cleaner | Electrolux | Service room | |||||
| 3 |
Broom | Service room | ||||||
| 1 |
Watercloset | Service bathroom | ||||||
| 1 |
Wash basin | Service bathroom | ||||||
| 1 |
White plastic trashcan | Service bathroom | ||||||
| 2 |
Plastic pail | Service bathroom | ||||||
| 3 |
Broom | Service bathroom | ||||||
| 1 |
Dust gatherer | Service bathroom | ||||||
| 1 |
Mirror with blue borders | Service bathroom | ||||||
| 3 |
Picture | Distribution Hall | ||||||
| 1 |
Ceiling glass candelabrum | Distribution Hall | ||||||
| 2 |
Beige wooden single bed | Bedroom | ||||||
| 1 |
Beige wooden nighttable | Bedroom | ||||||
| 1 |
Beige lamp | Bedroom |
| 1 |
Beige telephone | NEC | Bedroom | |||||
| 1 |
Black television | SHARP | Bedroom | |||||
| 1 |
Black remote control | SHARP | Bedroom | |||||
| 2 |
Ceramic ash tray | Bedroom | ||||||
| 1 |
Dressing table with three drawers | Bedroom | ||||||
| 1 |
Mirror with beige wooden borders | Bedroom | ||||||
| 1 |
Beige wooden chair with cloth | Bedroom | ||||||
| 2 |
Beige double drape | Bedroom | ||||||
| 1 |
Beige plastic trashcan | Bedroom | ||||||
| 1 |
Blue carpet | Bedroom | ||||||
| 1 |
Picture | Bathroom | ||||||
| 1 |
Wash basin | Bathroom | ||||||
| 1 |
Watercloset | Bathroom | ||||||
| 1 |
Beige plastic trashcan | Bathroom | ||||||
| 1 |
Green carpet | Bathroom | ||||||
| 2 |
Spot light | Bathroom | ||||||
| 1 |
Ceiling glass lamp | Bathroom | ||||||
| 2 |
Picture | Master bedroom | ||||||
| 2 |
Wood nighttable | Master bedroom | ||||||
| 2 |
Lamp | Master bedroom | ||||||
| 1 |
White telephone | NEC | Master bedroom | |||||
| 1 |
Wooden twin bed | Master bedroom | ||||||
| 1 |
Wooden chair with cloth | Master bedroom | ||||||
| 1 |
Plastic folding table | Master bedroom | ||||||
| 1 |
White fan | Mirray | Master bedroom | |||||
| 1 |
Wooden furniture | Master bedroom | ||||||
| 2 |
Beige double drape | Master bedroom | ||||||
| 1 |
Mirror wall | Master bedroom | ||||||
| 1 |
Television | Panasonic | Master bedroom | |||||
| 1 |
VHS | Sony | Master bedroom | |||||
| 1 |
Remote control | Panasonic | Master bedroom | |||||
| 1 |
Beige carpet | Master bedroom | ||||||
| 1 |
Watercloset | Master bathroom | ||||||
| 1 |
Labatory | Master bathroom | ||||||
| 1 |
Bidet | Master bathroom | ||||||
| 3 |
White ceramic ornament | Master bathroom |
| 1 |
Blue glass flower base | Master bathroom | ||||||
| 1 |
White carpet | Master bathroom | ||||||
| 1 |
Beige plastic trashcan | Master bathroom | ||||||
| 1 |
Pink bathroom drape | Master bathroom | ||||||
| 1 |
Xxxxx hairdryer | Xxxxx Xxxxxxx | Master bathroom | |||||
| 2 |
Spot light | Master bathroom | ||||||
| 1 |
Ceiling glass lamp | Master bathroom | ||||||
| 1 |
Wooden book shelf | Study | ||||||
| 1 |
Wooden desktop with four drawers | Study | ||||||
| 1 |
Computer desktop | Study | ||||||
| 1 |
White telephone | Panasonic | Study | |||||
| 1 |
Grey desktop lamp | Study | ||||||
| 1 |
Wooden trashcan | Study | ||||||
| 1 |
White wooden chair with cloth | Study | ||||||
| 1 |
White double drape | Study | ||||||
| 1 |
Wooden furniture with shelfs | Study | ||||||
| 1 |
Black swivel chair | Study | ||||||
| 1 |
Flat computer monitor | Samsung | Study | |||||
| 2 |
White speakers | Genius | Study | |||||
| 1 |
Printer | HP PSC 1210 | Study | |||||
| 1 |
CPU | LG | Study | |||||
| 1 |
Black box for internet connection (Speedy) | Telefónica | Study | |||||
| 1 |
Beige carpet fixed to the floor | Study |
