Non-residential Tenancy Agreement, dated July 1, 2017, by and between Eredi Martinelli Marmi E Graniti S.p.A. and Opto-tech S.R.L
EX-10.35 6 faro201810kex1035.htm EXHIBIT 10.35 Exhibit
NON-RESIDENTIAL TENANCY AGREEMENT
In Brescia, in the year 2017, on this 1st day of the month of July, this deed under private seal was entered into in triplicate for all legal effects and purposes
EREDI MARTINELLI MARMI E GRANITI S.p.A., a company with registered office at 5 Via Industriale, Rezzato (BS), Companies’ Register entry number and tax identification number ###-###-#### and VAT number ###-###-####, entered in the REA Brescia Economic and Administrative under number 118547, represented herein by its legal representative Luigi MARTINELLI, referred to herein as the “Landlord”,
OPTO-TECH S.R.L., a company based at 11 Via Pastrengo, Brescia, Companies’ Register entry and tax identification and VAT number ###-###-####, entered in the REA Brescia Economic and Administrative under number 528779, represented herein by its legal representative by Matteo CAROCCI, tax identification number CRC MTT 72H01 B157B, referred to herein as the “Tenant”,
the parties agree that
The Landlord will rent to the Tenant the portion of the premises located at 163/b Via Giacomo Matteotti, Rezzato (BS), namely:
Administrative offices, first floor, identified in the new territorial cadastre (NCT), sheet 23, cadastral parcel 7, sub-parcel 23, class A/10, Class 02, cadastral income EUR 557.77;
that the Parties declare to know.
All the above documents as identified in the cadastral map signed by both parties and attached hereto form an integral part of this Agreement.
The premises are let in bulk and not by measure.
The tenancy is for a fixed term of six years and is to run from 1st July 2017 to 30th June 2023, renewable for a further term of six years and in the procedures envisaged by Act 392/78 as amended.
The annual rent amounts to EUR 6,000.00 (six thousand euros and zero cents) plus VAT, as agreed and accepted, is payable upon receipt of the relevant invoice in advance every month within the fifth day of the due date by bank transfer with a fixed value date.
It is worth noting that the Landlord has opted for the non-VAT taxable regime as envisaged by Act 246/2006.
The Tenant shall not delay the payment of rent beyond the terms set forth by current provisions of law and shall only be entitled to undertake any actions or raise any exceptions unless the accrued rents have been duly paid.
The property covered by this tenancy agreement is intended for use as a service artisan business, as envisaged by the Technical Regulations implementing the DMI-TMAG General Regional Plan attached hereto which, when signed by both Parties, form an integral part of this Agreement, being understood that the intended use must not be changed nor the property be sublet, wholly or partly, without the Landord’s written consent.
Pursuant to arts. 34, 35 and 37 of the same Act 392/78, the intended use excludes direct contact with the public, users and consumers, and the retail sale.
The Tenant hereby declares to have inspected the let premises and found them fit for the intended use, free from defects that may affect the health of those carrying out an activity, in a good state of repair, and undertakes to return them on the expiry of the tenancy agreement in the same state, subject to normal wear and tear.
The tenant shall not make any additions to the premises that cannot be removed at any time without damaging the premises or any other innovation without the Landlord’ prior written consent. The Landlord is held harmless from any obligation and liability regarding any licences required by the competent authorities in connection with the specific activity carried out by the Tenant and any adaptation works.
The Landlord declares that the property was built to a duly-granted building permit and the Landlord is allowed to inspect or have the property inspected at any time of the day, during the normal working hours.
The Tenancy Agreement is governed by the provisions of Act no. 392 of 27/07/1978 as amended, namely those of Act no. 118 of 05/04/1985.
The annual rent covered by Article 3 shall be reviewed and updated annually on the Landland’s request to reflect 100% of the changes made according to consumer price increases for factory and office workers (ISTAT Index) .
The Tenant holds the Landlord harmless from any liability for direct or indirect damage caused by wilful or negligent act of other tenants in the building unit or any third parties.
The Landlord shall not be held liable for the discontinued provision of technological services, which goes beyond his control.
The Tenant shall be responsible for ordinary maintenance operations, namely those relating to electric power, hydraulic, water, lighting, methane gas systems, bathroom appliances, door locks and keys, door and window hinges, wall and ceiling coverings and door and window frames, floor tiles and coverings, taps and fittings and domestic hot water and heating systems.
The failure on the part of the Tenant to comply with any of the covenants included in this Agreement will cause its termination by law.
The Tenant may withdraw from the Tenancy Agreement prior to its expiry date by giving the Landlord a six months’ prior notice pursuant to art. 27, subsection 7, of Act 392/1978.
This Tenancy Agreement must be registered by the Landlord and the registration fees will be equally shared between the Parties.
The Landlord delivers on this same date one Energy Performance Certificate:
IDENTIFICATION CODE 17161 - 000199/10 EXPIRY DATE 27/09/2020
All disputes arising out of or in connection with the interpretation, application and execution of this Tenancy Agreement shall, subject to matters relating to the Tenant’s failure to pay the rents, be settled amicably by a board of three arbitrators appointed by the President of the Court of Brescia. The arbitrators shall decide on equitable grounds, without formal proceedings, and the arbitration award will be final.
As agreed with the Landlord, the Tenant is not required to pay any security deposit.
The clauses of this Agreement are legally valid and binding on both Parties unless stated otherwise or changed by specific laws on tenancy, where applicable.
* * * * *
In witness whereof, the Parties have signed for acceptance all the above listed articles, none excepted.
Brescia, 1st July 2017
Eredi Martinelli Marmi e Graniti Spa
OPTO TECH Srl
Pursuant to arts. 1341 and 1342 of the Italian Civil Code, the Parties explicitly acknowledge arts. 2, 3, 4, 5, 6, 7, 8, 9,10, 11, 12, 13, 14, 15 and 16 of this Agreement, none excepted.
Eredi Martinelli Marmi e Graniti Spa
OPTO TECH Srl
Brescia Provincial Office
Change of Use Receipt Notice
Page 1 of 1
Building Land Registry
Feedback code: 000A4XX78
Municipality of REZZATO (Code: C3JZ)
Unit for ordinary use no.: 1
Type of cadastral map:- Unit for special dedicated use no.:
Communal Non-Transferrable goods no.:
Reason for change: CHANGE FROM RESIDENTIAL TO OFFICE USE
Company: 1 of 1
Unit being changed no.:
Unit being constituted no.: 1
Unit being suppressed no.: 1
REAL ESTATE UNITS
Proposed classification data
Via Matteotti G. no. 163/B, first floor
Round seal illegible
Italian Revenue Agency
Land Registry for Buildings
Protocol declaration no. of
Cadastral map of urban real estate unit
Via Matteotti G. 163/B
Cadastral ID data:
Section : NCT
Sheet : 23
Parcel : 7
Entered in the Register of Surveyors
Province of Brescia under no. 2822
ENTRATEL ONLINE SERVICE FOR THE PRESENTATION OF TAX RETURNS
ACKNOWLEDGEMENT OF RECEIPT (art. 3, subsection 10, of Italian Presidential Decree no. 322/1998)
LIST OF DOCUMENTS ACQUIRED AND/OR REJECTED
RECEPTION PROTOCOL : 17071915182157053
FILE NAME : RLI12000000004014916
TYPE OF DOCUMENT : Registration of tenancy and lease agreements
DOCUMENTS ACQUIRED: 1
DOCUMENTS REJECTED : 0
Result Document protocol Tax Identification number Denomination
Acquired 000001 ###-###-#### ------------------