Exhibit 10.1
RENTAL CONTRACT OF COMERCIAL PREMISES (DIFFERENT USE OF HOME)
IN MALAGA 12th OF APRIL OF TWO THOUSAND AND TWELVE
MET:
On one side:
XX. XXXXXXX XXXXX XXXXXX
ID. CARD: 24751573-P
ADDRESS: MALAGA (29002) X/ XXXXXXX, 00 2(degree)
On the other:
MR. XXXXXX XXXX XXXXXX
ID CARD: X3570493L
ADDRESS: MALAGA, XXXXXXX XX XXXXX XXXXXXX 0,0, 00000 XXXXXXXXXXX.
And:
MR. XXXXXX XXXXX CONEJO
ID. CARD: 25697097-W.
ACTING:
THE FIRST ONE AS LANDLORD AND ON BEHALF OF COMAYRA S.L.
WITH TAX NUMBER: X00000000
ADDRESS: X/ XXXXXXX, X(xxxxxx)00, 0(xxxxxx)0
Registered at the Malaga Company's House Office in the Volume 2130, Book 1043,
Page 121, Sheet MA-31965. Registration 1st.
THE SECOND ONE AS TENANT AND ON BEHALF OF ARROW CARS S.L.
WITH TAX NUMBER: X00000000
ADDRESS: MALAGA, XXXXXXX XX XXXXX, XXXXXXX 0, 0. 00000 XXXXXXXXXXX.
Registered at the Malaga Company's House Office in the Volume 4467, Book 3376,
Page 196, Sheet MA-95972. Registration 1st
XX. XXXXXX XXXX CONEJO, AS TRANSLATOR OF MR. XXXXXX XXXX XXXXXX.
EXHIBIT:
Accepting both parties the legal needed capacity to sign this RENTAL CONTRACT OF
COMERCIAL PREMISES, both parties agree the same according to the following,
1. CONDITIONS 12.- SUBJECT OF THE CONTRACT
The subject of this contract is the rental of the following properties,
identified in the Land Registry as: nr 21.188B and 221448, commercial premises
that will be identified as:
Finca n(degree) 21.188/B, COMERCIAL PREMISES, LOCATED IN EL POLIGONO
INDUSTRIAL EL ROMPEDIZO, STREET ESCRITOR HERRERA SANTAOLALLA N(degree) 2, WITH
AN APPROXIMATE SURFACE OF 354 SQ M. COMPLEMENTARY SERVICE ROOMS: THREE TOILETS.
Finca n(degree)22.144/B WAREHOUSE LOCATED IN EL POLIGONO EL ROMPEDIZO,
STREET ESCRITOR XXXXX XXXXXXXX No. 20, WITH AN APPROXIMATE SURFACE OF 340 SQ. M.
COMPLEMENTARY SERVICE ROOMS. 1 TOILET. 1 OFFICE.
2. DURATION OF THE CONTRACT
This contract is agreed for ONE YEAR; hence the contract will be expired on the
31st of May 2013.
Once this contract expires both parties agree that in case, there will not be
notification between the landlord and the tenant, cancelling the present
contract, two months before the date the contract expires, or any of its
extensions, it will be understood that the contract is renewed automatically,
being extended the contract for equal annual periods until any of the parties
decide to cancel it.
3. PRICE OF THE RENTAL
It is agreed the annual amount of THIRTY THOUSAND EUROS (30.000,00 (euro))
payable monthly in advance, as TWO THOUSAND FIVE HUNDRED (2.500,00 (euro)) each,
within the first five days of each month. The tenant xxxx be obliged to pay the
Impuesto Sobre el valor Anadido (IVA), calculated over the rent mentioned or
whatever results after its revision. The payment of the rent will be done by
direct debit.
The Landlord will not charge the rent from the 12th of April until the 31!t of
May of the current year. The address to make the above mentioned payment will be
X/ Xxxxxxx x0 00, 0-0, 00000 Xxxxxx.
It cannot be used as excuse by the tenant the fact that for facilitating the
payment it will be set up a direct debit in the bank account of the tenant in
Bankinter ****.****.**.**********still being obliged to pay in the above
mentioned address.
4. UPDATE OF THE RENT
The agreed rent will be only valid during the first year of this contract; this
is until 31st OF MAY 2013. Since that date the rent will be updated, by
communication from one of the parties, increasing or diminishing in the same
percentage as Spanish CPI, Conjunto Nacional over that period.
In order to apply the revision on the day the contract will be annually
extended, it will be applied the last index published by the National Institute
of statistics, although the data is referred to a data a few months older than
the extension date of the contract.
During contracts life the update will be carried by the end of every year and
the amount to be taken into account as a base for the revision will be the first
monthly payment revised of the past year.
5. USE OF THE RENTED PREMISES
The premises subject of this contract will be used by the tenant:
Finca n9 21.188/B, COMERCIAL PREMISES: SHOWRROM AND RENT A CAR OFFICE.
Finca ne 22.144/B, WAREHOUSE, PARKING AND SERVICING OF CARS, with no possibility
to give to them a different use, being this use persistent whoever will replace
the rights and obligations deriving of this contract.
The tenant declares that he knows the urbanistic situation and the activities
that can be developed in the commercial premises in accordance with the
urbanistic rules and the Entidad de Conservacion.
6. LICENSES AND PERMITS
The Landlord do not accept any responsibility in case will not be granted by the
competent bodies the opening license to the tenant or whether it would be
forbidden the same once granted.
7. PROHIBICIONES
The tenant accept the prohibition to carry out works which modify the structure
of the warehouse and the commercial premises, except those authorized by the
Landlord.
Equally it is prohibited to introduce in the commercial premises flammable or
dangerous substances, judgment of the Landlord and, in general, any use that can
damage or put in danger the premises.
8. CEEDING OR SUBLETTING
As per the freedom of agreements set in the currently in force Ley de
Arrendamientos Urbanos, the tenant relinquishes expressly to the rights of
ceeding and subletting the premises and the warehouse, given by the article 32
of the Law 00/00 xx Xxxxxxxxxxxxxx Xxxxxxx, authorizing to the Landlord to
cancel this contract if this agreement is breached.
9. MAINTANENCE OF THE PROPERTIES
The Tenant is obliged to maintain and to handle the premises and the warehouse
in the same good state as they are receiving them.
As per the freedom of agreements given in the article 4.3 of the above mentioned
XXX, and due to the duration of this contract, it is agreed that the maintenance
works of the buildings and its installations will be on account of the tenant.
The tenant will be obliged to allow the entrance to the warehouse and the
premises to the Landlord or its representative, with the purpose of examining
the state of its conservation.
10. SERVICES AND SUPPLIES
All the services and supplies of the properties (water, sewage, electricity,
etc...) will be paid by the tenant, although the bills will be received on the
name of the Landlord, so the maintenance costs and those caused by the repairs,
substitutions or modifications that will be needed to introduce in them, either
because they will be convenient or as per requirement of the Mains.
11. RELINQUISHES
The tenant relinquishes the preferred acquisition right (tanteo y retracto) and
any other compensation based in the cancellation of this contract, despite the
rental will not be extended, once the rental period expires.
12. DEPOSIT
As per art. 36.1 and Disposicion Adicional Tercera of the XXX, the tenant set
up, by bank transfer, deposit amounting two monthly rent (excluded IVA).
The mentioned amount of FIVE THOUSAND EUROS (5.000,00 (euro)), will be deposited
to the Landlord being this document enough receipt of it.
13. GUARANTOR
MR. XXXXXX XXXX XXXXXX, with ID card X3570493L, with address in Xxxxxxx xx
Xxxxx, xxxxxxx 0, xxx 0, 00000 Xxxxxxxxxxx, (Xxxxxx), is set as guarantor of any
obligations corresponding to the tenant company ARROW CARS S.L. with Tax Number
X00000000, being liable with this of any obligations established in this
contract, specially the payment of the rent and the relinquish to the benefits
of order, excusion and division. That guarantee, of unlimited duration, is
extended to the payment of the rent and any amount possibly owed to the Landlord
due to this contract in case an Eviction claim will be presented for non payment
or any other cause and until the day the eviction takes place and the properties
will be handle to the Landlord.
14. TAXES
The Landlord will pay any taxes over the properties rented, including Impuesto
de Bienes Inmuebles. The tenant will pay all those taxes related to the
development of its activity.
15. WORKS
The tenant will not build or install any element without the written
confirmation of the Landlord and with the appropriate municipal License. In any
case the works authorized will be paid by the tenant and will be kept on benefit
of the premises without right to claim any compensation for them.
16. NON PAYMENT
It is agreed by the parties that if the first month passes without the payment
of the rent, the Court case to claim the payment will be initiated and any costs
related to it will be since then on account of the tenant.
OTHER CONDITIONS
It will be paid by the Tenant Fire insurance. Civil Liability Insurance in
relation to the buildings and activity in the premises, being obliged, the
tenant, to set up as beneficiary for the building insurance to the Landlord.
Equally in the insurance it will be included the repair costs caused by damages
in the building, doors, glass, grills, walls, paintings etc. due to robbery.
The tenant will be directly responsible of any damages caused to third parties
in direct or indirect consequence of the development of the business, exempting
the Landlord of any liability, even due to damages caused to supply
installations.
In the premises, finca registral 21.188-B, used as: PREMISES SHOWROOM AND RENT A
CAR OFFICE, LOCATED IN EL POLIGONO INDUSTRIAL EL ROMPEDIZO, STREET ESCRITOR
HERRERA SANTAOLALLA N2 2it has been installed a lift with a maximum capacity of
3.000 kg, being expressly forbidden its use for people.
It is given to the Tenant the User Manual for the right use and maintenance of
the mentioned lift. Every communication related to this contract will have to be
sent by the Tenant to:
XXXXXXX XXXXX XXXXXX X/ XXXXXXX, 00, 0 00000 XXXXXX And by the Landlord to:
ARROW CARS S.L C/ ESCRITOR HERRERA SANTAOLALLA N2 2 POLIGONO IND. ROMPEDIZO29140
CHURRIANA (MALAGA) This contract will be valid since 12!h of April 2012.
Both parties will submit any discrepancy to the Court competent where the
premises subject of this contract are located.
In agreement both parties sign this contract in six pages of common paper in
duplicate and to one sole effect, in Malaga 12th of April 2012, signing ever
page.
