,
,
THIS INDENTURE made the Two
Thousand and Ten BETWEEN Rockmill Limited a Limited
Liability Company, having its registered office at Colpe Lodge,
Dublin Road, Drogheda in the County of Louth (hereinafter called
"the Lessor')
the Management Limited having its registered
First
Part andofColpe
office
at C/O SPM Property Management, Walterstown House,
Walterstown,
Company')
of the Second Part and xxxxxx (hereinafter called the
Dunboyne, ofCounty
Meath,
"Lessees")
the Third
Part.
A.
(hereinafter called
"the
Management
WHEREAS:
Interpretation:
In the Lease save as otherwise provided or unless the context
so admits or requires the following expressions shall have
the following meanings, that is to say:
(1) "The Lessor" includes the person or persons for the
time being entitled to the reversion immediately expectant
on the determination of the term hereby created;
(2) "The Lessee" includes the survivors and the survivor of
two or more joint Lessees and the executors,
administrators,
successors
and
assigns
and
successors in title of the Lessee;
(3)"The Management Company" includes any Company
which has
,
i
for the
time
beingundertaken
the
obligations
imposed on the Management Company by this Lease;
1
(4)
"The Apartment Blocks" mean the building now or
hereafter to be erected laid out in the Estate and divided
"into Apartments". The Apartment Block in which "the
Demised Premises" are situate is shown on the said Map
No. 1 edged Green.
(5)
"The Apartments" mean the apartments comprised in
the Apartment Block forming part of the Estate and
apartment has a corresponding meaning.
(6)
"The Houses" mean the houses forming part of the
Estate and house has a corresponding meaning.
(7)
"The Duplexes" mean the Duplexes forming part of the
Estate and Duplex has a corresponding meaning.
(8)
"The
"Units" mean
the
Apartments,
Houses and
Duplexes constructed on and forming part of the estate
and "Unit" means any one of the said Apartments,
Houses or Duplexes
(9)
"The Estate" means the property described in the First
Schedule hereto and any extension or alteration thereof;
(10)
"The Estate Roads" mean those roads (to include
footpaths and grass verges) constructed/to be constricted
on the estate which will be taken in charge by the Local
Authority.
2
(11)
"The Balcony and/or Patio and/or Storage Area"
mean that portion of the Common Areas colored Yellow
(If any) on Map No. 2.
(12)
"The Licensed Areas" mean all the Balconies, Patios
I
and Storage Areas comprised in the Common Areas;
(13)
"The Common Areas" mean the property described in
the Second Schedule hereto;
(14)
"The Demised Premises" mean the premises hereby
demised and described in the Third Schedule hereto;
(15)
"The Services" mean water, soil, sewage, waste, steam,
gas,
•
-
air,
electricity, telephone,
transmissions,
radio
transmissions, television transmissions, oil heating fuels
and other services servicing the Estate and all parts
thereof;
(16)
"The Open Spaces" mean that part of the Common
Areas designated open space.
(17)
"The Utilities" mean
all channels,
conduits,
drains,
gullies, ducts, flues, pipes, mains, water courses, ditches,
gutters, sewers, wires, cables, lighting installations and
such like for the passage and transmission of the
services;
"The Perpetuity Period" means the period of 21 years
(18)
from the date of this Lease.
3
(19)
"The Management Charge" means the annual sum
€394/€500/€982 payable by the Lessee as calculated in
accordance with the provisions of the Eighth Schedule
hereto.
(20)
"The Management Company Agreement" means an
Agreement for Sale of the estate other than the units to
the Management Company dated the
1st day of April
2004 and made between the Lessor of the one pad and
the Management Company of the other part to include
any other agreements made between the Lessor and the
Management Company which are supplemental to or in
substitution for same.
(21) "the
Extension" means
a n y ot h e r lan d o r la n d s
adjoining, adjacent to or in the vicinity of the estate which
the Lessor acquires and determines to develop or
procure the development of for residential/commercial
purposes in conjunction with the existing estate.
(22)
"the Car Spaces" mean the car spaces designed for
parking within the estate.
B.
(1)
In these presents the singular includes the plural and
where two or more persons together constitute the
Lessee all covenants binding them should be deemed to
be joint and several.
(2)
In these presents the masculine includes the feminine
and the neuter genders.
4
.
(3)
The Schedules to this Lease should be deemed to form a
full and integral part of same and to be interpreted as
Such.
(4)
The headings herein are for information and clarification
only.
(5)
Any reference herein to any provision of any Act should
include a modification or re-enactment or extension
thereof.
TITLE
C.
The Lessor is seized of the Estate for an estate in fee simple in
possession subject to and with the benefit of such assurances in
the form of these presents as have already been granted in
respect of the Apartments and Duplexes and further subject to
such assurances of and relating to the houses already entered
into by the Lessor and has erected or caused to be erected
thereon Units together with ancillary services and amenities, all
of which said premises are intended to be known as Grange
Rath, Colpe, Dublin Road, Drogheda, County Meath.
PLANNING PERMISSION
D.
The Lessor has obtained
Planning
Permission
for the
development of the estate as a residential complex comprising
apartments, duplexes and houses and has constructed, or is in
the course of constructing, the Units together with the Estate
Roads and Utilities.
5
..
SCHEME
E.
It is intended that the apartments/duplexes comprised in the
Estate shall be demised to the various Lessees thereof by way
of a Lease in substantially the same terms as herein (mutatis
mutandis) and that the Lessees under such Leases shall
become members of the Management Company.
F.
It is further intended that in conjunction with the Transfer of the
houses that the Lessor shall grant or has granted a Lease of
Easements to be enjoyed by the houses and the Lessor has in
every such Lease of Easements and intends in every future
such Lease of Easements to impose restrictions and stipulations
similar to those in this Lease save these covenants which refer
specifically to Apartments and/or Duplexes to the intent that any
owner for the time being of any Apartment, Duplex or House
may be able to enforce the observance of the said restrictions
and stipulations by the owners and occupiers for the time being
of the other Apartments, Houses and Duplexes.
AGREEMENT.
G.
The Lessor has agreed with the Lessee for the sale to him of the
demised premises by way of Lease on the terms and conditions
as hereinafter set out for the sum of €153000 and for the rent
hereinafter agreed and the Management Company has agreed
to join in these presents in the manner hereinafter appearing.
6
REDDENDUM
NOW THIS INDENTURE WITNESSETH as follows:
I.
In pursuance of the said Agreement and in consideration of the
said sum of €153000 now paid by the Lessee with the consent
of the Management Company to the Lessor (the payment and
receipt of which the Lessor and the Management Company do
hereby acknowledge) and of the rent hereinafter reserved and
the covenants on the part of the Lessee to be performed and the
conditions hereinafter contained the Lessor as beneficial owner
hereby demises and at the request of and by the direction of the
Lessor (but not so as to imply any warranty of title or covenant)
the Management Company as beneficial owner hereby demises
and confirms unto the Lessee ALL THAT the demised premises
TOGETHER WITH the easements rights and privileges set out
in the Fourth Schedule hereto (the exercise thereof from time to
'
time to be subject to any regulations) EXCEPTING AND
RESERVING unto the Lessor the easements rights and
privileges specified in the Fifth Schedule hereto TO HOLD the
same unto the Lessee for the term of 999 years from the 1st of
January, 2003, yielding and paying therefore during the first ten
years of the said term the yearly rent of €1.00 and thereafter (if
so requested by the Lessor in writing within the first ten years of
the term hereby created) during the next ten years of the said
term the yearly rent of €2. 00, and during the remainder of the
said term the yearly rent of €3. 00, which said rent shall be paid
in advance on the 1st day of January in each year the first
payment thereof being a proportionate part of the said yearly
rent to be paid on the execution of these presents.
'
.
he Lessor hereby grants to the Lessee an exclusive License to
use the Balcony or Patio (as the case may be) ancillary to the
use of the Premises as a single private residence subject to
7
such rules and regulations as to the use thereof as may be
made by the Lessor or the Management Company from time to
time and further subject to the right of the Lessor and the
Management Company and their respective Surveyors and
Agents with or without workmen and others at all reasonable
times on notice (except in case of emergency) to enter onto the
Licensed Areas through the Premises or otherwise for the
purpose of carrying out repairs to and inspections of the
Licensed Areas and all equipment belonging to the Lessor, the
Management Company or any third party thereon and also for
the purpose of the performance by the Lessor and the
Management Company of their respective obligations and duties
in relation to the Estate.
3.
LESSEE'S COVENANTS
The Lessee hereby covenants
with the Lessor and the
Management Company so as to bind the owner for the time
being of the premises and so that this covenant shall be for the
benefit and protection of all of the units (other than the Demised
Premises) and every other part of the Estate and shall ensure
for the benefit of the Lessor and the Management Company
and each of them and the owners of the apartments, houses
and duplexes (other than the Demised Premises) and the
persons deriving title under such owners and to the intent that
the burden of such of the same as are negative or restrictive in
nature shall run with and bind the Demised Premises and all
parts thereof and that the benefit thereof may be annexed to the
Estate (other than the Demised Premises) and every part
thereof to perform and observe the covenants, obligations,
stipulations and restrictions as set out in the Sixth Schedule
hereto.
8
LESSOR'S COVENANTS
4.
The Lessor hereby covenants with the Lessee but subject to the
Lessee and all other persons deriving title under him as owner
for the time being of the Demised Premises complying with the
covenants, obligations, agreement, stipulations and restrictions
as set out in the Sixth Schedule hereto the Lessor shall until
completion of the Management Agreement perform and observe
the covenants, obligations and agreements set out in the
Seventh Schedule hereto PROVIDED THAT on completion of
the Management Company Agreement the liability of the Lessor
under this covenant shall absolutely cease.
5.
QUIET ENJOYMENT
That the Lessee paying the said yearly rent hereby reserved and
performing and observing the covenants, conditions and
agreements as set out in the Sixth Schedule hereto and on the
part of the Lessee to be performed and observed shall and may
quietly enjoy the Demised Premises during the term hereby
demised without any interruption by the Lessor or any persons
lawfully claiming under the Lessor.
ALTERATION OF SCHEME
6.
Notwithstanding that this
Estate
in
the process of being
developed as a complex of apartments/duplexes/houses the
manner hereinbefore recited the Lessor shall not be under any
obligation
to complete
such
Development
and may
alter
the
Estate
as the
Lessor may
wish
and the Lessee
hereby
agrees
and confirms that he has not been induced to enter into this
Lease by reason of the fact that any plan has thereon depicted
the present intended development of the Estate or any part
thereof or by any representation by any person acting or
9
purporting to act on behalf of the Lessor that the Estate (other
'
than the premises) shall conform in all respects with any plan
and there is reserved to the Lessor full right and liberty to alter
the Estate or discontinue the development of the Estate and to
execute such works and erections thereon or any part thereof
that the Lessor may think fit and notwithstanding anything herein
contained or in the Management Company herein contained
there is reserved to the Lessor full right and liberty to vary the
location lay-out and extent of the Common Areas PROVIDED
however that the lessor shall have obtained Planning
Permission for such alteration or variation.
FORFEITURE
7.
Provided always and it is hereby agreed between the parties
hereto as follows:
If the said rent or any part thereof or any other monies or
charges due in accordance with the terms hereof, or any part
thereof, shall be unpaid for 21 days after the same shall have
become due whether lawfully demanded or not or if any
covenants on the part of the Lessee to be performed shall not
be observed or performed then in any of the said cases and at
any time thereafter it shall be lawful for the Lessor or any person
or persons authorized by the Lessor to enter upon the Demised
Premises or any part thereof in the name of whole and to
repossess the same and enjoy the same as if this Lease had not
been executed but without prejudice to any rights of action or
remedy of either party in respect of any antecedent breach of
any of the covenants by the other herein contained.
10
SERVICE OF NOTICES.
8.
In addition to any other prescribed mode of service any notice
requiring to be served on the Lessee hereunder shall be validly
served if left addressed or sent by ordinary pre-paid post to the
Lessee or if there shall be more than one of them to any one or
more of them at the Demised Premises or at the last known
address or addresses of the Lessee or Lessees or any of them
in Ireland and any notice required to be served on the Lessor or
the Management Company shall be validly served if left or
posted to the registered office of the Lessor or the Management
Company as the case may be in Ireland.
9.
The Lessor does hereby assent to the registration of this Lease
as a burden on the lands comprised in Folio 8200 of the
Register
County of Meath and Folio 8695 of the Register
County of Meath
Delete inappropriate Clauses :
First Time Buyer/Owner Occupier(Grant Size)
IT IS HEREBY CERTIFIED
(a)
that this instrument gives effect to the purchase of a
Dwelling house on the erection of that dwelling house/apartment.
(a)
on the date of execution of this instrument, there exists a valid
floor area compliance certificate (within the meaning of section
91A(1)(a) of the Stamp Duties Consolidation Act 1999) in
respect of the said dwelling house/apartment, and
(b)
the purchaser/one or more of the purchasers/a person or
persons in right of the purchaser/a person or persons in right of
one or more of the purchasers
will occupy the
dwelling house/apartment as his/her/their only or principal place
of residence for the period specified in section 91A(4)(b) (new
dwelling house/apartment with floor area compliance
certificate) of the Stamp Duties Consolidation Act, 1999, and
that no person
11
(other than a person who, while in such occupation, derives rent
or payment in the nature of rent in consideration for the
provision, on or after 1 April 2004, of furnished residential
accommodation in part of the dwelling house/apartment
concerned or other than by virtue of a title prior to that of the
purchaser) will derive any rent or payment in the nature of rent
for the use of the dwelling house/apartment or any part of it
during that period.
(c)
that section 53 (lease combined with Building agreement for
dwelling house/apartment) of the Stamp Duties Consolidation
Act, 1999, applies to this instrument.
12
INVESTOR: (Grant Size)
It is hereby certified :
(a)
that section 53 (lease combined with Building agreement for
dwelling house/apartment) of the Stamp
duties Consolidation
Act, 1999, applies to this instrument.
(b)
that the consideration (other than rent) for the sale/lease is
wholly attributable t9Ztosidential property and that the
transaction effected by instrument does not form part of a larger
transaction or a series of transactions in respect of which the
am9amount value, or the aggregate amount or value, of the
consideration (other than rent) which is attributable to
residential property, or which would be so attributable if the
contents residential property were considered to be
residential property, exceeds €127,000.
IN WITNESS whereof the Lessor and the Management Company has
caused its Common Seal to be hereunto affixed and the Lessee has
set his hand and affixed his Seal t he day and date first herein
WRITTEN.
FIRST SCHEDULE
ALL THAT AND THOSE the hereditaments and premises situate at
Colpe, Drogheda, in the County of Meath, being part of the lands
comprised in Folio 8695 of the Register County of Meath.
SECOND SCHEDULE
Common Areas
FIRST
The
main
structural
parts
of
the
buildings
(other
than the
Dwelling houses) comprised on the Development being the parts thereof
not comprised in any individual Apartment or Duplex.
13
SECOND
The utilities,
the halls, the staircases, the Lifts and the Lift Shafts,
landings, steps, paths, forecourts, courtyards, gardens, car parks,
roads (excluding "the Estate Roads') and all other open spaces in the
Development not comprised in or being part of any Apartment/Duplex.
THIRD SCHEDULE
The Demised Premises
ALL THAT AND THOSE the premises known as "No. xxxxxx situate at
Colpe, Drogheda, in the County of Meath as particularly described and
delineated on Map 2 annexed hereto and thereon inlined in Red
together with the exclusive right to park one motor car in the Car
Parking Space allocated to the Apartment for use in connection with
the Apartment AND for the avoidance of doubt It Is Hereby Declared
that the Demised Premises shall include the internal surface only of all
exterior walls and the glass in the windows but not the frames thereof,
the concrete screed surface on the reinforced concrete slab floor and
the surface of the ceiling thereof but not the main structural part thereof
and that all internal walls dividing the Demised Premises from any
other part of the Development shall be party walls and shall be severed
medially vertically. For the avoidance of any doubt the ground under
any ground floor apartment and the air space above the top floor
Apartment is excluded.
14
FOURTH SCHEDULE
Easements rights and privileges granted in favour of the Lessee
and included in the Demise.
I.
Full right and liberty for the Lessee with or without motor
vehicles in common with the owners and occupiers of all other
apartments/duplexes/houses, their invitees or licensees and all
others having like rights to go pass and repass over and along
all parts of the Estate roads and Common Areas that afford
access to and egress from the Demised Premises subject to
such regulations as may be made from time to time regarding
the use thereof such right to be in common with any rights or
rights of way that may hereafter be granted in the estate for any
purpose and for the benefit of any other lands within twenty one
years from the date hereof.
2.
The full and free passage and running of all services in and
through the Utilities now or at any time within the Perpetuity
period running in, under or through the Estate to and from the
Demised Premises.
3.
Full right and liberty for the Lessee with or without machinery or
workmen to enter onto all parts of the Estate for the purposes of
connecting up to, repairing and maintaining and reinstating the
Utilities or any of them on giving seven days prior notice save in
the case of emergency making good any damage caused
thereby but not being liable for any loss in respect of same.
4.
The benefit of the like covenants restrictions and obligations to
15
•
hose herein contained imposed by the Transfer of the houses
and Lease of Easments in respect thereof and the Leases of the
other apartments/duplexes in the Estate upon the owners in so
far as such covenants restrictions and obligations are intended
to benefit the Demised Premises or the Lessee or in so far as
the benefits of same in law accrue to these Demised Premises
or the Lessee.
5.
Such rights of support and shelter in so far as may be necessary
for the use and enjoyment of the Demised Premises as the
same is at present enjoyed from the adjoining apartments and
all other parts of the Estate.
6.
The right to use for recreational purposes in common with all
other persons so entitled and subject to the compliance and any
regulations that may be made in relation to the use thereof the
open spaces and other amenities of the Common Area.
7.
The right at all reasonable times with or without workmen and
others as often as may be necessary or occasion shall require to
enter any adjoining or adjacent apartment/duplex/house or any
other part of the Estate and to remain therein for such
reasonable time as is necessary for the purpose of complying
with any of the covenants on the part of the Lessee herein
contained which cannot otherwise be complied with the Lessee
making good forthwith any damage thereby caused but not
being liable for any loss thereby caused, such rights not to be
exercised unless reasonable notice has previously been given
save in the case of an emergency.
16
FIFTH SCHEDULE
Exceptions and Reservations to the Lessor.
1.
Full and Free Passage of all services to and from all other parts
of the Estate in and through all utilities now or at any time within
the perpetuity period in under or upon the demised premises.
2.
Full right and liberty for the Lessor with or without workmen or
machinery to enter onto the Demised Premises for the purpose
of connecting up to, repairing, reinstating the utilities or any
parts thereof upon giving seven days prior notice in writing save
in the case of emergency making good any damage caused
thereby but not being liable for any loss in respect of same.
3.
Such rights of support and shelter are demised premises in so
far as the same may be necessary for the use and enjoyment of
the other part of the Estate
4.
The right to make such regulations as the Lessor shall in its
absolute discretion think fit for the use of the Common Areas.
SIXTH SCHEDULE
[Covenants by the Lessee with the Lessor]
17
I.
At his own cost within eighteen months from the date hereof
erect and cover in and finish fit for immediate occupation and
use in a substantial and workmanlike manner one Apartment on
the Premises with the best of materials of their several kinds and
in conformity in every respect both with plans, elevations,
sections and specifications to be approved of by the Lessor and
with all relevant Planning Permissions, Consents and Approvals
and with all relevant Bye-Laws, Statutes, Regulations and
Orders under the inspection of the Lessor or its Agent;
PAY RENT
2.
To pay the rents hereinbefore reserved in the manner and at the
time specified.
PAY MANAGEMENT CHARGES
3.
To pay the Management Charges as hereinafter specified in
•
accordance with the conditions hereinafter contained in the
Eighth Schedule hereto.
•
USER
4.
Not to use the Demised Premises for any purpose other than as
a private residential dwelling.
REPAIR CONDITION
5.
To keep the Demised Premises and parts thereof in good and
tenable repair and condition.
6.
Not to alter the external appearance of the Demised Premises
save with the prior written consent of the Lessor.
18
7.
-
Not to extend or otherwise alter the Demised Premises or cause
to be erected thereon or therein any other building or structure
save with the prior written consent of the Lessor.
8.
In the year 2010 and in every fourth year thereafter to paint and
decorate the interior of the Demised Premises and all doors and
windows therein with good materials.
9.
Not to display or cause to display any notice or other object from
the Demised Premises or any part thereof save that a notice
advertising the fact that the Demised Premises is for sale or
letting may be displayed.
10.
NUISANCE.
Not to do or suffer to be done in or on the Demised Premises
'
ay act or thing as shall be or become a nuisance or annoyance
to the occupiers of any unit in the estate, or any lands in the
vicinity thereof
11.
Not to do or suffer to be done any act or thing to keep in the
Demised Premises or any part thereof any substances or thing
that should invalidate or otherwise affect any policy of insurance
relating to the Common Areas or other apartments in the
Development or any part thereof
12.
To take out and maintain with a reputable insurance company a
policy of insurance in respect of any loss, injury or damage
caused to or by any person or persons visiting, employed in or
•
otherwise using the Demised Premises and to keep the Lessor
well
and
effectually indemnified
against all
claims,
costs,
19
demands or proceedings arising from or in relation to any loss,
damage or injury sustained by any such person or persons.
ENCROACHMENT AND EASEMENTS.
13.
Not to stop up, darken or obstruct any of the windows or lights
belonging to the Demised Premises and not to permit any
window, light, opening, passage, conduit or other encroachment
or easement to be made or acquired into upon or over the
Demised Premises, and in case any person shall attempt to
make or acquire any encroachment or easement whatsoever, to
give written notice thereof to the Lessor, and at the request of
the Lessor but at the cost of the Lessee to take such steps as
may be reasonably required by the Lessor to prevent such
encroachment or the acquisition of any easement.
MAKE GOOD LOSS.
14.
(a)
The Lessee will make good to the Lessor all loss
and damages sustained by it by reason of the breach of
any covenant herein.
(b)
All sums payable to the Lessor hereunder are subject to
interest at the said AAA rate, or such other rate as may
be substituted thereof from the date upon which the same
were first demanded to the date of payment.
MEMBER OF MANAGEMENT COMPANY
15.
(a)
At all times to do all such things and execute all
such documentation as is necessary to remain a member
of the Management Company.
20
(b)
Mortgage)
Not to alienate the Demised Premises (save by way of
without first ensuring that the purchaser
thereof shall become a member of the management
Company and if it is felt necessary by the Lessor that
such purchaser shall enter into a contract with the Lessor
in the terms of this Schedule. In this regard alienation
shall include a Lease of the Demised Premises for a term
of not less than two years.
(c)
After such alienation produce to the Lessor evidence of
title to the Demised Premises.
(d)
If the Lessee shall die or become incapacitated or be
declared bankrupt or if a company should go into
liquidation or receivership such Personal Representative
or Committee or Trustee in bankruptcy or such Liquidator
or Receiver or such other person as shall represent the
Lessee shall as soon as may be after such death,
incapacity, bankruptcy, liquidation or receivership furnish
to the Lessor the names and addresses of the person or
persons as shall henceforth be responsible for the service
change and the compliance with the terms and conditions
of this Lease.
16.
CLEAN WINDOWS
To clean the windows of the Demised Premises as often as may
be necessary.
21
COMPLIANCE PLANNING ACTS.
17.
Not to do or suffer to be done on the Demised Premises any act
or thing
in respect thereof which
contravenes
the Local
Government Planning and Development Act 1963 to 1990 and
the Building Control Act 1990 or any enactment amending,
replacing or altering same and to keep the Lessor indemnified in
respect of any claims, demands, proceedings and liabilities in
respect of any breach thereof.
COMPLIANCE REGULATIONS
18.
To comply with all relevant fire
regulations,
public health
regulations, hygiene regulations or any such other regulations
as shall be applicable to the Demised Premises at any time and
to keep the Lessor indemnified in respect of any claims,
demands, proceedings and liabilities in respect of any breach
thereof.
NOTICES
19.
To notify the Lessor within ten days of the receipt thereof of any
notice served by any Government authority, local authority, fire
authority or health authority in relation to the sold Demised
Premises.
20.
To comply with such notice within fourteen days of the receipt
thereof and to keep the Lessor indemnified in respect of any
claim, demands, proceedings and liabilities in respect of any
breach or failure to comply therewith.
22
REGULATIONS FOR ESTATE
21
to comply with any regulations made in respect of or affecting
any part of the estate or the user thereof.
ANIMALS
22.
Not to keep in the Demised Premises any bird or animal.
NOISE
23.
Not to cause or permit to be played or made any loud music or
other sounds such as would cause a nuisance or distress to the
occupiers of other Apartments in the Development.
•
RUBBISH
24.
Not to cause or permit any rubbish or other object to be placed
on the Common Areas save that rubbish can be placed in the
dustbin provided for that purpose in the Common Areas.
INSPECTION
25.
To permit the Lessor upon giving reasonable notice to enter and
inspect the Demised Premises and all parts thereof.
26.
Not to cause or permit any act or thing to be done in the
Demised Premises or keep therein any object as shall affect or
void any policy or insurance held in relation to any other part of
the Development or any other Apartment therein.
23
OBSTRUCTION
27.
Not to cause or permit to be placed in the entrance ways and
hallways or other parts of the Common Areas any bicycle, pram
or other object likely to obstruct same.
PLAYING
28.
Not to permit children to play in the Common Areas or any part
thereof so as to cause inconvenience or obstruction to any other
person using same and never to permit children to play in the
halls, entrances or stairways or corridors.
FLOORS
29.
To keep the floors of the Demised Premises adequately covered
with carpet or other suitable material so as to avoid the
transmission of sound through the floors.
30.
Without prejudice to the foregoing the Lessee shall ensure that
the floor coverings on the Premises are in compliance with all
Building Regulations issued under the Building Control Act 1990
and shall keep the Lessor/Management Company indemnified
against all claims and liabilities which may arise by virtue of any
breach of the said Regulations.
31.
Not to use the Licensed Areas in any manner which would be
inconsistent with the maintenance of the Estate as a high class
residential Development and in particular not to permanently
store any goods thereon or effect any alteration thereto without
having first obtained
the
consent
of the
Lessor or the
Management Company as the case may be.
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32.
Not to affix or maintain an Alarm system on the Premises which
causes or is liable to cause unreasonable disturbance to
occupiers of other Apartments and in the event of any such
alarm system sounding internally or externally (for a period in
excess of 20 minutes) then the Lessor/Management Company
may exercise their right of entry (without notice) in accordance
with Clause 5 of the Second Schedule hereto, and all associated
costs therewith shall be the liability of the Lessee.
33.
Not to keep on the car parking space (if any), or on any part of
the development, any caravan or boat, or any vehicle other than
a private motor car or private motor cycle.
34.
Not without the consent of the Lessor/Management Company
(which consent shall not be unreasonably withheld) erect any
external wireless or television aerial, satellite dish or other like
instrument on the Premises or the Licensed Areas or the
external wall of the demised premises. In considering the
matter, the Lessor/Management Company shall take account of
the degree to which the instrument is visible from other parts of
the Retained Lands and the effect it has on the development as
a whole. (The Lessor/Management Company may limit such
consent to a specific period of time which may be renewable,
the purpose of such limitation being to guard against a
proliferation of such instruments which if visible from the
retained lands, may collectively be deemed injurious to the
residential amenity of the entire development). It is accepted
that the Lessor/Management Company may consider each
particular application for consent on its own merits.
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SEVENTH SCHEDULE
[Covenants by the Lessor/Management Company]
Subject to the payment by the Lessee of the service charges
herein before provided for the Lessor shall :
1.(a)
Keep and maintain the Open Spaces and the Estate Roads (to
include the grass verges), Footpaths, Car Park Spaces, and the
Services and the Utilities passing in under or over the Common
Areas (it being noted by the parties hereto that the Open Spaces
have not been and will not be taken in charge by the Local
Authority) in good and substantial repair and condition (it also
being noted that only the Estate roads, footpaths, light fittings,
services and utilities will be taken in charge by the Local
Authority at which stage the Lessors Liability in respect of same
will automatically cease but its liability in respect of the Open
Spaces will continue.
(b)
Employ the services of Auditors to ascertain the amount of the
expenditure incurred by the Lessor pursuant to this Schedule
and
the
corresponding
Schedules
of
the
Leases
of
Apartments/Duplexes and Houses and the amount thereof
payable by the Lessee and related matters and to pay the
reasonable charges and expenses of such Auditors;
(c) Without prejudice to the rights of the Lessee and the rights of
the owners of the other Apartments/Duplexes and Houses take
all reasonable steps to enforce the observance and performance
by the other owners of the Apartments/Duplexes and Houses of
their obligations arising under their assurances;
26
(d) Build up a reserve fund to meet contingencies to meet major
repairs and capital replacement in respect of such matters
referred to in this clause as to the Lessor may seem appropriate.
(e) Subject to the Lessor being able to effect the appropriate
insurance to insure and keep insured in the name of the Lessor
the Open Spaces, in particular, Public Liability Insurance.
If necessary at the absolute discretion of the Lessor to provide
security for the Common Areas.
(f)
To make such regulations regarding the user of the Common
(f)
To make such regulations regarding the user of the Common
Areas as are necessary.
2. (a) Subject to the Lessor being able to effect insurance against all
or any one or more of the risks hereinafter specified to insure
.
ad keep insured in the name of the Lessor the Apartment
Blocks and the Apartments in the full re-instatement cost and
including an inflationary factor (which cost and factor shall be
determined by the Lessor from time to time) against damage by
fire, explosion, lightning impact, earthquake, aircraft, floods,
storm, tempest, riot, civil commotion and malicious damage
bursting and overflowing of water tanks apparatus or pipes and
including demolition and site clearance expenses Architect's,
Quantity Surveyors and other fees and taxes in relation to reinstatement and public liability and property owner's liability and
against such other risks as the Lessor may from time to time
consider prudent and desirable (which perils and risks are
hereinafter called "the Insured Risks').
27
2. (b) In case an Apartment Block shall be destroyed or damaged by
any of the Insured Risks then (subject to obtaining all necessary
Planning Permissions and all other necessary permits, licenses
and approvals) and as often as shall happen to layout as soon
as possible all monies received in respect of such insurance of
the Apartment Block in or upon rebuilding, repairing or
reinstating the Apartment Block in a good and substantial
manner so as to be in keeping with the other Apartment Blocks.
2. (c) Keep and maintain the Apartment Blocks, including the steps
and stairways leading to the Apartment, the Balconies and the
Patios attaching to the Apartments in good and substantial
repair and condition.
2. (d) To establish and maintain a sinking fund to cover such major
expenses that might be incurred at a future date in carrying out
the duties and responsibilities hereunder, such fund as not to
•
exceed twenty five times the amount of the total cost of the
provision of the services for the performance of obligations
hereunder in the previous year.
3.
(a)
Keep that part of the common areas which provides
common access over the internal stairways in the Block to
Apartments in the Apartment Block (including the Demised
Premises) in good decorative repair, properly cleaned and
properly lighted.
(b)
To keep, repair and maintain all Lifts in the Apartment
Block in which the Demised Premises are situate.
28
•
EFORCEMENT COVENANTS
4.
To take all reasonable steps to enforce the performance and
observance by the occupier of all Apartments of the covenants
contained in the Leases demising same.
RATES - TAXES
5.
To pay all rates, water rates, taxes, duty and all other charges
whether Local Authority or otherwise payable in respect of the
Common Areas.
For the avoidance of doubt IT IS HEREBY
DECLARED AND AGREED that nothing here should preclude
or otherwise prevent the Lessor from developing the remainder
of the Development in such manner and on such basis as it shall
think fit.
EMPLOYEES
6.
At the
discretion
of the
Lessor to
employ all necessary
competent professional or other people to ensure the effective
performance of the duties and obligations hereunder.
ACCOUNTS
7.
On the 31st January in each year produce a set of accounts for
the previous twelve months ending the 30th December in each
year and also an estimate of the service charge to be payable
for the next following twelve month period commencing on the
1st January in any year.
-
EIGHTH SCHEDULE
[Management Charge]
The Lessee shall pay to the Lessor without any deduction :
29
1. (i) X/Y cost and expenses incurred by the Lessor in carrying out
their obligations under and giving effect to the provisions of
Clauses 1, 3, 5 and 6 of the Seventh Schedule hereto, where in
relation to such fraction X = the premises and Y = all of the
Apartments, Duplexes and Dwelling houses including the
premises) erected on the Estate and
(ii)
A18 of the costs and expenses incurred by the Lessor in
carrying out the obligations under and giving effect to the
provisions of Clause 2 of the Seventh Schedule hereto in
relation to such fraction A = the premises and 8 = all the
Apartments, including the premises erected on the Estate
(iii)
RISR\S the cost and expenses incurred by the Lessor in
carrying out their obligations and giving effect to the
provisions of Clause 3 of the Seventh Schedule hereto. R =
the premises and S = all of the apartments located in the
Apartment Block in which the Apartment is situate (which
aforesaid costs and expenses are hereinafter called "the
Service
Charges')
conditions :
(a)
subject to the
following terms
and
The amount of the service charges for the previous year shall be
ascertained and certified annually by the Auditors of the Lessor
on the 31st January in each year or on such day as the Lessor in
its absolute discretion shall determine as being the date upon
which the service charges shall be ascertained;
(b)
In ascertaining and certifying the service charges the Auditors
shall act as experts and not Arbitrators and their Certificate
(hereinafter called "the Certificate') shall be conclusive evidence
that the service charges were actually incurred ;
30
(c)
A copy of the Certificate for each year shall be supplied by the
Lessor to the Lessee on written request;
(d)
Subject to the provisions of Paragraph (e) of this Clause on 31 st
January in each year after the date of these presents the Lessee
shall pay to the Lessor such sum in advance and on account of
the service charges as the Lessor shall in its sole discretion
deem to be fair and reasonable payment in respect of the year
then commencing;
(e)
As soon as practicable after the issue of the Certificate the
Lessor shall furnish to the Lessee an account of the service
charges for the year to which the Certificate relates for which the
Lessee shall be liable due credit being given therein for all
payments made by the Lessee for the year in question or any
part thereof and upon furnishing such account the Lessee shall
forthwith pay to the Lessor the service charges or any balance
found payable in respect thereof or there shall be allowed and
repaid by the Lessor to the Lessee any amount which may have
been overpaid by the Lessee (as the case may be).
(t)
Notwithstanding any other provisions of this Clause the service
charges payable by the Lessee for the year ending 31st
December,
2009,
or
as
appropriate,
shall
be
€300/€488/€1080, which sum shall be paid on the execution of
these presents;
31
:
PESENT when the COMMON SEAL
of ROCKMILL LIMITED
was affixed hereto:
Director
Secretary
PRESENT when the COMMON SEAL
of COLPE MANAGEMENT LIMITED
_
was affixed hereto:
Director
Secretary
,
SGNED SEALED AND DELIVERED
by the LESSEE in the presence of:
32
PRESENT when the COMMON SEAL
of ROCKMILL LIMITED was affixed
hereto :
4
,j
Director
Secretary
PRESENT when the COMMON SEAL
Of COLPE MANAGEMENT LI MITED
was affixed hereto:
0
Director
Secretary
SIGNED SEALED AND DELIVERED
by the LESSEE in the presence of:
1/7
<
'
solicitors for the within named Lessor we hereby certify that the
Building Covenant herein has been complied with.
Dated this
d a y o f xxxxxx
Signed
O'Reilly Thomas,
Solicitors,
8, North Quay,
Drogheda,
CO. LOUTH.
33