English translation of the executed Spanish lease agreement] LEASE ENTERED INTO BETWEEN
Exhibit 4.8
[English translation of the executed Spanish lease agreement]
LEASE ENTERED INTO BETWEEN
BCR REAL ESTATE INVESTMENT FUND AND WNS BPO SERVICES CORPORATION COSTA RICA
XXXXXX
XXXXXXX DE LA O, major, divorced, BA in Economics, a resident of Pozos Santa Xxx, bearer of
identity card number 447-457 in his capacity as manager with powers
of attorney without it limiting of
sum of the company , BCR INVESTMENT CORPORATION, with a judicial no,of 301240900051 contained in
the Mercantile Section of Public one personality contained in the Mercantile Section of Public
Record, volume 1731, , sheet 210 in lieu
of382 seat 686quiena its time is the which in turn is the
manager and the latter, the Legal Representative of Real Estate Investment Fund called BCR REAL
ESTATE INVESTMENT FUND, with offices in the Center The Business Uruca BANCO DE COSTA RICA, San
Xxxx, this investment fund certificate of legal person number3102077408, an investment fund duly
registered with the National Registry of Securities and Intermediaries Superintendent of Securities
by order number SGV-R-hundred forty four of the ten hours of September eleventh, two thousand,
hereinafter and collectively known as the “owner”, or “real estate funds”, or the “Lease holder”
and
XXXXXX XXXXXX XXXXX, who is a major, married his first wife, Business Manager, a resident of Santa
Xxx, bearer of identity card number 0-000-000 in his capacity of attorney limited to the sum of
twenty thousand dollars of the United States of America, WNS BPO SERVICES CORPORATION COSTA RICA, S.A., a
company duly registered and operating in accordance with the laws of the Republic of Costa Rica,
bearer of identification number 000-00000-000 henceforth and for all purposes, known as “lessee.”
WHEREAS:
FIRST
The lessor owns the property, the property, or farms, which are described as follows:
1.1 Property is located in the Third District, Xxxxx, of the Ninth Region, Santa Xxx, in the
province of San Xxxx, BUSINESS PARK CONDOMINIUM STAGE FOUR GENERAL FORUM, THIRD STAGE OF
DEVELOPMENT, Farm Affiliates, LOCAL OFFICES: FF1-B2, FF2 -B2-B2 FF3, FF4-B2-B2 FF5, FF6-B2,-B3 FF1,
FF2-B3, FF3-B3-B3 FF4, FF5 and FF6-B3-B3, which are located in the second and third floor of
Building H, farms identified in the Public Registry of Property with the real folio number
25497F-000, 25498F-000, 25499F-000, 25500F-000, 25501F-000, 25502F-000, 39206F-000, 39207F
-000,-000 39208F, 39209F-000, 339210F-000 and 39211F-000.
1.2 For all purposes, the parties hereby indicate that the property has a total area of 2,339.64
m2 (two thousand three hundred thirty-nine meters with sixty-four square decimeters) which are
distributed at 2,016.12 m2 (two thousand and sixteen meters with twelve square decimeters), area
deprivation, but an area of three hundred twenty-three meters with fifty-two square decimetres
(323.52m2) that corresponds to area of corridors which, for all corresponding legal effects is
considered the “Leased Area” which the Lessee acknowledges and accepts.
.1 Property is located in the Third District, Xxxxx, of the Ninth Region, Santa Xxx, in the
province of San Xxxx, BUSINESS PARK CONDOMINIUM STAGE FOUR GENERAL FORUM, THIRD STAGE OF
DEVELOPMENT, Farm Affiliates, LOCAL OFFICES: FF1-B2, FF2 -B2-B2 FF3, FF4-B2-B2 FF5, FF6-B2,-B3 FF1,
FF2-B3, FF3-B3-B3 FF4, FF5 and FF6-B3-B3, which are located in the second and third floor of
Building H, farms identified in the Public Registry of Property with the real folio number
25497F-000, 25498F-000, 25499F-000, 25500F-000, 25501F-000, 25502F-000, 39206F-000, 39207F
-000,-000 39208F, 39209F-000, 339210F-000 and 39211F-000.
1.2 For all purposes, the parties hereby indicate that the property has a total area of 2,339.64
m2 (two thousand three hundred thirty-nine meters with sixty-four square decimeters) which are
distributed at 2,016.12 m2 (two thousand and sixteen meters with twelve square decimeters), area
deprivation, but an area of three hundred twenty-three meters with fifty-two square decimetres
(323.52m2) that corresponds to area of corridors which, for all corresponding legal effects is
considered the “Leased Area” which the Lessee acknowledges and accepts.
In this event, Tenant shall receive from the Owner, the property described above, finished,
suitable for occupancy, use and enjoyment.
All sufficient authority for this action, we agreed to sign this LEASE FOR LOCAL OFFICES, onwards
and for all purposes of this Agreement called the “Contract”, which is governed by the applicable
Costa Rican law and by the following terms and conditions that the parties approved by common
consent:
CLAUSE
1. INCOME:
1.1 “RENT”, “RENT” or “LEASE FEE” means the payment of the sum of $ 37,434.24 (thirty-seven
thousand four hundred thirty-four U.S. dollars twenty-four cents) to be the result of multiplying
the area of two thousand three hundred thirty-nine meters with sixty-four square decimeters
(2339.64 m2) for a square meter price of $ 16.00-(exact sixteen U.S. dollars), legal tender of
the United States of America. The rent is payable monthly in advance during the first seven days of
each month’s rent in the Administrative Office of the Owner located at the address set out in
section 26 of this AGREEMENT or by deposit in the account number 001 — BCR 3021-0 on behalf of Real
Estate Investment Fund with the Bank of Costa Rica. The rent for the first month of the contract
will be paid by the Lessee to the Owner against the signing of this contract. For his part, for the
Security Deposit will be paid by the Lessee to the Owner no later than April 15, 2011.
1.2 The Tenant hereby expressly agrees to pay to the Owner, and shall do so throughout the term of
the Lease and without reduction or deduction, rent and any additional payment to be established in
this AGREEMENT or by law 7527.
The rent shall be increased by 3% (three percent) per annum by the parties at the end of each year
of the lease, after the third year of the lease to begin on the Commencement Date and so on every
day 1 of May the years 2013, 2014 and 2015, as shown in Exhibit “A” of this Agreement, which duly
signed by both parties is an integral part of this contract.
1.3 The RENT, along with any adjustments made to it, shall be due and payable in consecutive
monthly payments, payable in advance during the first seven days of each month’s rent during the
term of this AGREEMENT and any extension or renewal back of it. Tenant hereby expressly agrees to
pay all these sums, in advance, without collection management, to the Owner.
1.4 The Lessee shall pay such rent to the Owner and the agreed adjustments in its administrative
offices at the address indicated here or at any other address previously provided by the Owner in
writing.
1.5 If the Owner decides not to manage the termination of this Agreement or fails to initiate the
eviction for nonpayment of rent amount on the date agreed in this
contract, all lease payments, that
have not been done for the seven days from the date on which they had to be made, will be subject
to a default interest rate of around fifteen per cent per annum.
1.6 The Tenant hereby agrees to pay the rent in full, total and without any deduction, so the owner
always receives the full amount that corresponds under this AGREEMENT.
1.7 The
Tenant may pay the RENT option in colones (local currency of Costa Rica) at the rate of sale
established by the Banco de Costa Rica, on the date the payment is verified.
1.8 The amount of rent mentioned above does not include the amount of maintenance fee of the
condominium where he office space is located and this fee must be paid in full by the Lessee, in
addition to the above stated amount will be paid by it directly to the Administrator of the
Condominium, however, the same shall be deemed for all legal purposes the case, as an integral part
of the rent payment and not be separated from it. It is understood by both parties that the
maintenance fee is currently set at the sum of two dollars and thirty-six cents (USD $ 2.36)
legal tender of the United States of America, per square meter of office. This maintenance fee is
not subject to rent increases agreed in paragraph 1.2 of this contract. This amount will be borne
by the lessee from February 1, 2011.
1.9 The possible increases or decreases the maintenance fee that may be experiencing in the future,
which will be subject to adjustment of tariffs that apply to the Condominium Manager in the
condominium STAGE FOUR BUSINESS PARK GENERAL FORUM, THIRD STAGE OF DEVELOPMENT, and have the due
approval of the assembly of Condominium.
2. STARTING DATE OF LEASE:
2.1 “Commencement Date” means the lease of 1 May 2011.
3. LEASE TERM:
3.1 In “LEASE TERM” means the period between the Commencement Date and the expiration of this
contract is sixty months (60), or five (5) years, commencing from the Commencement Date. That
period may be extended for another five years if neither party notifies the other of its desire not
to want to renew the contract with at least one hundred eighty calendar days prior to the maturity
date at the address specified in contractual this contract unless the Lessee the Owner communicate
their desire not to renew the contract within the time aforesaid. The Owner agrees to give the
tenant the right of first refusal to rent office space in the same terms and conditions under which
the Owner provide that property to a third party in good faith. In such case, Lessee shall have a
period of fifteen calendar days from the date on which the Owner has notified the new terms and
conditions of the lease, to decide
whether to rent the property to the expiration of the contract. Failure to respond within fifteen
days before that will be considered a negative and therefore the owner is free to offer the
Property Office to third parties.
3.2 This lease will be valid during the period commencing on the Commencement Date, and will
continue until the expiration of the lease term, unless sooner terminated or settled in advance, or
extended under any terms, stipulations or conditions set in this AGREEMENT.
3.3 If the Tenant exercises the right to unilateral early termination set out in Article 72 of Law
7527, shall apply the penalties provided for in clause 18 of this contract.
3.4 The Tenant hereby agrees to take possession of the Property after the Commencement Date, either
when it is actually put to it by the Owner, and provided that taking of possession has been
properly coordinated and accepted by the Lessee.
4. THE PURPOSE OF LEASE:
4.1 The Owner gives Tenant leased property, on the terms and conditions outlined in this contract.
4.2 The Property Office is to really just, and it has provided all necessary to obtain public
services, whose installation will be paid by Tenant.
5. LOCAL DELIVERY AND STATE OFFICE:
5.1 The Owner delivered to Tenant at the Commencement Date the Property Office, and the latter
states receive it and accept it really just, suitable for occupancy, use and enjoyment.
6. THE FUTURE OF REAL ESTATE:
6.1 The Lessee shall use and occupy the property exclusively for the following purposes and shall
not give any other destination, including:
6.2 To establish and operate them LESSEE Administrative Offices.
6.3 In addition to the limitations on use set forth in Xxx 0000, and outlined above, the Lessee
shall not give the Real estate any other purpose than to serve as administrative offices, or for
Marketing and Sales of its products and services, all of this as widely understood, nor may another
use that may increase to the Owner, the cost of insurance policies on it, without the prior written
consent. You must comply with all local health regulations and established for that purpose.
6.4 The fate of the property, may not be altered without the express written consent of the Owner,
who reserves the right to grant or withhold such approval, without having to explain the motives or
reasons that justify such a decision.
7 MAKE IMPROVEMENTS BY TENANT:
7.1. All the improvements now or in the future, be laid or made by the tenants in the Property
Office, will be at the expense and cost of this and must have prior written authorization of the
owner who may not refuse to grant as unjustified and unreasonable. The duration of the construction
or installation of these improvements, the owner has the right to inspect the progress of the work
and demand a halt to verify if the same does not conform to the terms of approval. If the owner
fails to provide LESSEE their agreement or refusal to the proposed improvements within a period of
fifteen calendar days from the date of receipt of the request for formal approval in writing by the
tenant, those improvements have been approved .
7.2. LESSEE hereby understand and accept that each and every one of the improvements and changes to
the Real Property which are created in the future, will benefit from it, and become the property of
the owner to the termination of this contract at no cost for the owner, except by equipment or
furniture owned by Tenant or any modifications or improvements made by LESSEE that can be moved or
removed without causing damage, deterioration or impairment to the Property Office. In any case,
improvements and modifications are considered attached to the property, which may not be removed by
the tenant and not exhaustive and under a broad concept, the following: i) air-conditioning system, ii) Structure and Divisions, iii )
Sanitation, iv) Electrical and Lighting, v) Cabling, vi) Security and Emergency Equipment.
7.3. Notwithstanding the foregoing, the owner may require the tenant to remove, at your cost and
risk, each and every one of the apparatus, equipment, partitions and other improvements installed
on the property and to return them to the final approval condition by the parties. If required and
the landlord and tenant carry out no such improvements, the owner may do on behalf of LESSEE and
shall have to pay the Owner, at his request, the cost of restoring the Property Office to the last
condition adopted by the parties. It is up to the owner in accordance with Article 34 of the 7527
Act make necessary repairs.
8. REPAIRS AND ALTERATIONS BY TENANT:
8.1 In terms of maintenance and repair of office premises, the parties comply with the provisions
of Chapters V and VI of the 7527 Act as in force on the date hereof.
8.2 The Tenant hereby agrees not to make or permit alterations to the estate or place signs visible
from outside of it, without obtaining prior written consent of the Owner.
8.3 The LESSEE shall provide and install at your own expense charged to him, both the sign adjacent
to the front door of the office as well as the sign outside the building, the latter to install.
All letters and numerals used therein shall be in standard form approved for offices, and no other
will be used or allowed in the offices, without the prior written consent of the Owner as indicated
in paragraph 8.2 above. The Lessee shall approve the design and content as well as budgets.
9. PUBLIC SERVICES:
9.1 The Local Office must have all the facilities required for the provision of potable water
services, telephone and electricity. Tenant shall be responsible for prompt payment to the relevant
institutions of public services provided, such as electricity, water and telephone services
including but not limited so all charges, fines, connection, installation and security deposits,
which are and will be the exclusive Tenant’s responsibility. Tenant may not install electrical
equipment in the property that exceed the design capacity of it. The Owner will assist in whatever
is necessary with the lessee, so that the Lessee may have ready access to utilities and other
services specified in this clause.
10. OTHER SERVICES:
10.1 The Owner hereby agrees to ensure that the Lessee will provide services that are financed by
the condominium maintenance fee. Also ensure that the tenant has the following infrastructure to
support the aforementioned public services: An air conditioner (hydronym type system) for the
leased area. The payment for the regular review of maintenance to air conditioning equipment borne
by the Lessee, and the payment of electricity consumption required to operate the equipment.
10.2 The failure to provide the service indicated, either in whole or in part, whenever the facts
which are beyond the direct control of the Owner, does not imply liability of the Owner or a
reduction in the amount of income.
11. NOTIFICATION OF FAILURES AND ACCIDENTS TO THE OWNER:
11.1 The Lessee is obliged to notify the owners of those failures or accidents on the property. The
notification of such failures or accidents must be made by the Tenant within twenty-four hours
after the event.
11.2 The communication to the Owner will not take on more responsibilities than those specifically
provided for in this contract office, or that are required by law.
12. PAYMENT OF TAXES AND MUNICIPAL LICENSES:
12.1 The cancellation of municipal taxes and property on the leased property, shall be borne by the
Owner.
12.2 The cancellation of municipal taxes and patents that are required as part of commercial
business, or activity that develops Lessee will be in charge.
13. LAWS AND REGULATIONS:
13.1 In all matters not provided in this Agreement, the parties refer to their application and
interpretation of the rules contained in the Condominium Rules Forum Fourth Stage Business Park
General Development Stage, and “7527 ACT” Act General Urban and Suburban Lease number 7527 of July
10, 1995 and its possible reform.
14. RIGHT OF INSPECTION OF PROPERTY:
14.1 The Owner, servants, officers or identified and authorized representatives may enter the day
and business hours to any part of the land, to inspect its condition, occupancy or use, show the
property to potential buyers or repairs, alterations or additions, in which case they must apply
for prior authorization of Tenant, with at least two days in advance, except in cases of emergency
that required immediate entry.
14.2 Both the monthly inspection and emergency inspection is conducted in the presence of Lessee or
any servant, officer or agent thereof, except in cases of emergency that is life threatening or
property of others, and or the Tenant, nor any representative of Lessee is available. The
inspections shall comply with the provisions of Article 51 of the General Law of Urban and Suburban
Leases, and in these the Owner shall endeavor to avoid affecting the operation of Tenant.
15. LIMITATIONS OF THE PARTIES TO LAW OF THE ASSIGNMENT AND SUBLETTING:
15.1 Tenant shall not change the use of the property without prior approval of the Owner, not in
the building can perform any activity that causes noise, odor or nuisance to the neighbors also
agree that activities in the Real Property may not produce fumes that can adversely affect the
environment or human health, nor use the premises for the storage of substances, materials or
flammable or hazardous chemicals.
15.2 The authority to assign or sublet to send the Article 78 of the 7527 Act should be applied to
the Owner with at least thirty days in advance, such approval may not be retained by the Owner of
an unjustified and unreasonable. Notwithstanding the foregoing, the owner may transfer all or part
of this contract at any time without prior authorization from the Lessor.
16. INSURANCE:
16.1 The Owner shall keep the property insured against all risks, coverage against earthquake,
earthquake, fire and other harm caused by nature to protect the latter and all related civil works.
16.2 Lessee shall be responsible, to ensure the furniture and belongings, as the owner is not
responsible for damage, loss, theft, or theft that occurs to the furniture and other belongings of
the Lessee, as a result of an accident occurring on or relates to the property.
16.3 Both parties must have a liability insurance policy for homeowners and renters and one for the
guards, if hired private security guards, which in the case of the Owner may be acquired by the
security company hired by the Owner to provide services BUSINESS PARK STAGE FOUR GENERAL FORUM,
THIRD STAGE OF DEVELOPMENT, covering civil liability attributable. The Owner shall be covered in
the immediate area and related to the leased area, and the Lessee shall have coverage to cover
liability attributable within the leased area. The amount of insurance coverage liability
attributable not be less than One hundred thousand dollars ($ 100,000.00), lawful money of the
United States of America.
17. RISK:
17.1 Tenant hereby expressly disclaims any responsibility for, or as a result of any injury,
fatality, injury or loss that occurs within the purpose and the immediacy of office space, so that
from and relieved of all responsibility to the Owner by or as a result of any injury, fatality,
injury or loss occur.
18. CASES OF TERMINATION, BREACH, REMEDIES AND PENALTY CLAUSE:
18.1Además as specified by the Act, the occurrence of any or several of the reasons listed below as
Cases of Termination and Default, shall constitute grounds for termination of this AGREEMENT:
18.1.1 Non-payment by Tenant of any sums of money to which it is obligated under the terms and
conditions of this AGREEMENT on the date on which it is payable.
18.1.2 Failure to comply in whole or in part, by either party of any obligation, term or condition
under this Contract or any other agreement between the landlord and tenant, breach of which is
maintained for a period of ten calendar days after that the party has failed to receive notice of
it.
18.1.3 The rights of lease the lessee are assigned to execution of sentence or other legal process.
18.2 Before the early termination of the Real Property, Tenant acknowledge and cancel the Owner as
compensation for damages caused, the following sums:
18.2.1 An amount equivalent to one month’s rent having complied with the notice of three months
provided for in Article 72 of the Act, for failure to comply with the notice of three months, the
penalty shall be established in three months’ rent.
18.2.2 The allowances referred to in section 18.2.1 above shall be immediately paid by Tenant to
Owner no later than within five calendar days from the date of unemployment and will be considered
as final compensation to which entitled the Owner.
18.3 In accordance with Article 95 of the Law of Securities Market Regulation and Article 86 of the
General Regulation on Management Companies and Investment Funds in effect at the time of signature
of this contract, Lessee declares that it owns and agrees not acquire shares of Real Estate
Investment Fund landlord subject of this tenancy, either directly, or through any person or entity
to form an interest group, as defined in Article 108 of the rules before . Failure of this is
grounds for termination of the contract with the tenant’s responsibility and must pay the penalty
specified in Clause 18.2 above.
19. NO IMPLIED WAIVER:
19.1 The failure by either party to require strict compliance at any time of any of the covenants
or agreements or to exercise any option, right, power or remedy contained in this CONTRACT, will
never be considered an implied waiver of the same for the future.
19.2 Neither the payment by Tenant of an amount less than the monthly rent due under this
AGREEMENT, nor the acceptance of such payment shall be considered as anything other than a credit
to the account of the rent due.
20. SECURITY DEPOSIT:
20.1 In ensuring compliance with contract obligations, Lessee agrees to deliver a “DEPOSIT” to the
Owner, for the sum of $ 37,434.24 (thirty-seven thousand four hundred thirty-four U.S. dollars
twenty-four cents), currency legal tender of the United States of America, in cash. Lessee shall
deposit such sum of money not later than April 15, 2011, as described in paragraph 1.2 of the said
contract.
20.2 This Escrow comes to answer for any kind of damage attributable to the LESSEE to occur in the
real estate as well as for any other end that involves financial responsibilities borne by the
tenant and in favor of LESSOR, under this AGREEMENT. Especially, not exclusively, at the failure of
the obligations arising from entitlement to public services referred to above.
20.3 The security deposit will be retained by the owner without liability for interest and as
security for the obligations of LESSEE under this AGREEMENT.
20.4 The Owner reserves in all cases, the right to the allocation of payments, so that the
existence of the deposit or payment complaint against it do not undermine the eviction action for
lack of timely payment of Rent, nor any other legal action by the OWNER against LESSEE. LESSOR opt
to apply the deposit in whole or in part, to meet any of the matters that warrant, the Lessee is
required to refund or completed within eight calendar days immediately following the date of
receipt of the request to that effect will make the LESSOR, in such a way that the tank is always
kept above the total sum originally agreed. The drawback of non-compliance with the terms agreed
shall entitle the LESSOR to deduct the amount paid as payment of the lease fee the following month,
the amount necessary to reinstate or fill the tank up to the amount agreed upon, pending payment In
this case, the rental price for that month.
20.5 If Tenant is not in default at the termination of this Contract, the balance of the deposit,
after making appropriate deductions will be returned to Lessee by the Owner within thirty calendar
days from the date that the tenant vacates the property.
21. Force Major
21.1 Subject to the limits and scope of the 7527 Act requires, any party shall be bound by
unforeseen circumstances or force major which are beyond its control, including but not limited to
delays caused by strikes, civil disturbances, shortages of material or workmanship, war,
governmental laws, regulations or restrictions of any kind.
22. HAZARDOUS MATERIALS:
22.1 The Tenant shall not be stored inside or outside the property, or use within it, any hazardous
material, as defined this term by any governmental entity or agency or to-government, whether
national or international law, or any other toxic material corrosive, reactive or flammable. In any
event Tenant will be responsible for any damage that may arise in connection with the handling of
samples and chemicals for their part, or others within the leased area.
23. RIGHT TO SEVENTY-SIX CAR PARKING SPACES:
23.1 During the term of this contract, the lessee has the right to use 76 parking spaces for
vehicles distributed as follows: i) 26 indoor space or basement (as detailed in Annex B) and ii) 50
spaces under the condition “first come, first served” outside the building.
24. OTHER PROVISIONS:
24.1 This AGREEMENT and the rights and obligations of the parties under it shall be governed under
the laws applicable in the Republic of Costa Rica.
24.2 Any amendment or addendum to this Contract shall be in writing and signed by both parties.
24.3 The parties agree that this AGREEMENT does not provide a basis for the claim of the right key,
or other intangible right and that by renting this property or in the event of termination of
Tenants, LESSEE will not charge any amount for key concept of law. So from now, both parties hereby
expressly waive a potential claim for this.
25. ANNEXES:
25.1 The Annex, which is listed below and is attached to this Contract, duly signed by both parties
is an integral part thereof for all purposes:
ANNEX | DESCRIPTION | |
A
|
The annual rent adjustment | |
B
|
Detail of Parking | |
C
|
Condominium Regulations |
26. NOTICES
26.1 LESSEE shall send any notice to the OWNER at the following address, or any other place as the
owner in the future for him by writing: The Business Center Uruca Bank of Costa Rica, Sociedad
Investment Fund Management SA to the attention of Xxxxxx Xxxxxx Xxxxxx, or Xxxxxxxx Xxxxxxx.
26.2. The owner is required to any notice to the following address, or any other place that
prompted LESSEE written in the future: the office premises leased to the attention of Xx Xxxxxx
Xxxxxxx Xxxxx.
26.3 Unless otherwise stated, any notice under this AGREEMENT shall be in writing and be submitted
with written receipt of the above addresses. It is understood that if the communication is
personally delivered, the date of receipt is the date that appears on the receipt. If the notice is
delivered by courier mail, the delivery date will be that of the receipt of the courier company,
the same applies in the case to be delivered by any other mail. If the recipient of the
communication shall refuse to receive the same, the delivery date will be that recorded in the
report that raises the notifier stating the refusal to receive the communication.
As a sign of the foregoing, the Owner and Tenant have signed this Contract of any line, in two
originals in San Xxxx, at ten am on January 18th, two thousand eleven.
Xxxxxx Xxxxxxx O. |
||
BCR Real Estate Investment Fund
|
sd/- | |
Lessor |
||
Xxxxxx Xxxxx Xxxxxx |
||
WNS BPO Services Costa Rica SA
|
sd/- | |
Lessee |
||
They are authentic: |
ANNEX A
Settings 3% Annual Income
Lease
First year $ 37,434.24 —
Second year $ 37,434.24 —
Third year $ 38,557.26 —
Fourth Year U.S. $ 39,713.98 —
Fifth Year U.S. $ 40,905.40 —
* The amounts described above do not include the amount established for the payment of maintenance
fee of the condominium where the premises are located. This fee must be paid by the tenant in
addition to the amounts set forth herein.
ANNEX B
Parking lots.
Parking lots.
ANNEX C
RULES AND REGULATIONS
PARK BUSINESS FORUM
PARK BUSINESS FORUM
These rules and regulations have been adopted by the owner to enable, in the best of their
abilities, provide, maintain, manage and operate an orderly and clean rooms, buildings, surrounding
areas and parking facilities Tenants Forum Business Park in the most economical and efficient, and
to ensure the safety of tenants, regular behavior in the park and use of rooms, buildings and
parking areas and other facilities so that it is possible to minimize the interference of others in
the proper use thereof by the LESSEE, all within reasonable parameters possible.
1. LESSEE, its officers, agents, servants and employees shall not block or obstruct any entrances,
passageways, doors, elevators, hallways or stairways of Building or parking, or place, empty or
throw any waste, garbage or material of any kind in those areas, or permit such areas to be used at
any time for anything other than that the entrance to or exit from the building.
2. Moving furniture, equipment, goods or materials within, entering or leaving the premises,
buildings or parking is restricted at the time, method and route determined by the OWNER in
coordination with the lessee, the latter assuming responsibility and risk for the transfer. Lessee
shall not move furniture, machinery, equipment, merchandise or materials within, into or out of
buildings, premises, parking without having undertaken appropriate coordination with the owner.
LESSEE shall ensure that the workers responsible for this movement take the necessary steps the
owner tells you, in order to protect the building (especially glass, carpets, ceramics, walls,
doors and elevators) from harm.
3. Tenants should ensure that the furniture and equipment that can acquire easily enter the
elevator or stairs and pass through the doors of the Premises. Large pieces should be disassembled
into parts and reassembled in the Local. THE OWNER reserves the right to reject the location or
placement of any furniture or equipment within the building does not meet the above conditions.
4. The transfer of equipment should be done with the proper equipment to do no harm to the building
and its facilities. Prohibiting the use of trucks for hauling heavy boxes, except those equipped
with rubber tires and side guards.
5. No sign, plaque, advertisement or notice is exhibited, painted or affixed by the LESSEE, its
officers, agents, servants, employees, customers, licensees, visitors or guests or any part of the
exterior or interior of the building, or anywhere Park or parking without the prior written
permission of the owner.
6. LESSEE, its officers, agents, servants or employees shall not paint or decorate the offices or
areas accessible to them, or marking, painting, cutting, nailing or screwing or in any manner
destroy any part of the building without prior consent written permission of the owner. Nor can
install any sunscreen or other type of film to the inner or outer surface of the building’s
windows.
7. LESSEE shall not install any antenna or aerial wires, radio or television, or any other type of
equipment, inside or outside the building without the prior written approval of the Owner and upon
the terms and conditions it point in each specific case.
8. Any installation that affects the floors, walls, windows, doors, ceilings, equipment and other
physical attachment of the building or parking may be made by the LESSEE without obtaining prior
written approval of the owner.
9. LESSEE, its officers, agents, servants and employees shall not install or operate any apparatus
for cooling, heating or air conditioning, or perform any mechanical operation or bring into the
building or parking areas any flammable or explosive product without prior written approval of the
owner.
10. THE OWNER will provide security services in the Park with access control and patrol the clock,
in the manner and under the right conditions for the provision of that service. THE OWNER is not
responsible for loss or theft of property, equipment, money or other items removed from the
building or parking lot, unless this incident is a result of the negligence or willful misconduct
of the owner or security personnel.
11. THE OWNER will provide two keys for each lock the doors of offices and the main entrance to the
LESSEE, and shall provide additional duplicate at the expense of TENANT to the written request for
it. LESSEE shall at all times have a skeleton key to the office. All keys must be returned to THE
OWNER after the Lease ends.
12. THE OWNER reserves the right to:
12.1. Exercise entry control for safety reasons the park after 6:00 pm, subject however to the
staff entrance fee of LESSEE under the regulations stated by the owner as well as asking people
entering the park or Building to identify themselves and establish their right to enter or leave
it.
12.2. Close access to parking areas from 6:00 pm and 8: 00 a.m. during weekdays, unless LESSEE
staff required to maintain access without restriction, and
12.3. Close all parking areas on weekends and holidays, unless LESSEE staff required to maintain
access without restriction.
13. LESSEE, its officers, agents, servants and employees shall not permit the operation or
performance of a musical instrument or other device that produces noise, as well as any device that
can be heard outside the building or parking or which may emanate electromagnetic waves affecting
the receipt or transmission of radio or television and to the building.
14. LESSEE to immediately notify the owner of all accidents or defects in plumbing, electrical
services or any other part of the accessories that have been installed in the building by the
owner.
15. Except for the deterioration resulting from normal use and wear and tear, tenants will be
responsible for any damage to the offices or the Building including carpets and floors, resulting
from rust or corrosion of file cabinets, chairs with casters, metal objects or spill any type of
substance.
16. If the Premises leased to LESSEE see pest infested, LESSEE, for its own account, you must make
your Local and pests be fumigated periodically wiped out, all to the satisfaction of the owner, for
which it must use the service of fumigation and pest extermination approved by the owner.
17. Except in the commercial space indicates that the owner, offers, requests and sales are
prohibited in any part of the park and every one of the tenants must cooperate to prevent them. In
this regard, the LESSEE shall report as soon as these activities to the administration office.
18. LESSEE, its officers, agents, employees, servants, customers, licensees, guests and visitors
will not be able to offer any business in the Building parking areas or common areas LESSEE nor
will they have the right to distribute leaflets or other advertising material on cars parked in the
parking building.
19. LESSEE is expressly prohibited, its officers, employees, agents and servers, use the building,
common areas or parking areas as housing or accommodations, or cooking or preparing food, in an
unauthorized area without the prior written consent of the owner.
20. LESSEE is expressly prohibited, its officers, employees, agents, servants, customers,
licensees, visitors or guests to keep within the parking areas, building or common areas, fish,
birds, reptiles, insects or animals, or bikes or vehicles without the prior written permission of
the owner.
21. Lessee shall not conduct business in a way that causes annoyance, or interfere with, annoy or
disturb any other tenant of the building, the park or the owners in their operation of the
building, nor allow them to be dirty or soiled the offices, common areas of the Building or the
Park or the parking areas. In addition, LESSEE shall not allow its officers, employees, agents,
servants, customers, licensees and visitors to behave in a manner that causes nuisance, or
interfere with or disturb, any other occupant of the building, the park or OWNER in its operation
of the Building or permit to be soiled or dirty offices, building common areas or parking areas.
22. THE OWNER establish appropriate mechanisms to collect regular trash and debris deposited by the
tenant in the building’s general collectors. It is the responsibility of LESSEE to perform the
cleaning and general maintenance of offices, including but not limited to, miscellaneous work,
garbage collection and transportation of it to general collectors of the building, preventive and
corrective maintenance etc.
23. LESSEE is expressly prohibited, its officers, employees, agents, servants, customers,
licensees, visitors or guests up to the roof of the building without the prior written permission
of the owner.
24. In the event that the LESSEE must dispose of crates, cartons, etc.., That does not fit within
the dustbin of office or building products, will be the responsibility of LESSEE to get rid of
them. In no case shall the LESSEE to leave such items in hallways or in any other area of the
building, the Park or the parking lot, except in their own offices to dispose of them later. THE
OWNER will be responsible for managing the waste once deposited in the general receiver of the
building.
25. THE
OWNER will be responsible for maintenance of common areas, parks and gardens of the park,
and the maintenance and repair of exterior lighting systems and general equipment located in the
common areas or those installed by it in other areas of the Park he is representing the building.
Also will be responsible for external window cleaning, exterior painting and roof maintenance,
canoes and downspouts.
26. LESSEE shall not use the name of the building for any purpose other than giving the address of
your business, or for use on letterhead, envelopes, circulars, notices, advertisements, containers
or wrapping paper, without permission previous authorization from the owner.
27. THE OWNER reserves the right to modify or remove any of the above rules or regulations within
the parameters that will allow the Condominium Act, that are reasonable and necessary in the course
of time, to improve safety, maintenance, operation , Local administration and cleaning, building
and property of THE OWNER and for the maintenance and good order therein. THE OWNER shall not be
liable to any tenant for non-compliance or violation of other tenants of any of these rules and
regulations, however it is the obligation of the OWNER to ensure that they do.